[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7776 Engrossed Amendment House (EAH)]
<DOC>
In the House of Representatives, U. S.,
December 8, 2022.
Resolved, That the House agree to the amendment of the Senate to
the bill (H.R. 7776) entitled ``An Act to provide for improvements to
the rivers and harbors of the United States, to provide for the
conservation and development of water and related resources, and for
other purposes.'', with the following
AMENDMENT:
In lieu of the matter proposed to be inserted by the
amendment of the Senate, insert the following:
SECTION 1. SHORT TITLE.
(a) In General.--This Act may be cited as the ``James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023''.
(b) References.--Any reference in this or any other Act to the
``National Defense Authorization Act for Fiscal Year 2023'' shall be
deemed to be a reference to the ``James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into 11 divisions as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(5) Division E--Non-Department of Defense Matters.
(6) Division F--Intelligence Authorization Act for Fiscal
Year 2023.
(7) Division G--Homeland Security.
(8) Division H--Water Resources.
(9) Division I--Department of State Authorizations.
(10) Division J--Oceans and Atmosphere.
(11) Division K--Don Young Coast Guard Authorization Act of
2022.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
Sec. 5. Explanatory statement.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Limitations on production of Extended Range Cannon Artillery
howitzers.
Subtitle C--Navy Programs
Sec. 121. Requirements relating to EA-18G aircraft of the Navy.
Sec. 122. Navy shipbuilding workforce development special incentive.
Sec. 123. Extension of prohibition on availability of funds for Navy
port waterborne security barriers.
Sec. 124. Limitation on authority to modify capabilities and fleet
configuration of E-6B aircraft.
Sec. 125. Multiyear procurement authority for Arleigh Burke class
destroyers.
Sec. 126. Procurement authority for Ship-to-Shore Connector program.
Sec. 127. Procurement authority for CH-53K heavy lift helicopter
program.
Sec. 128. Procurement authorities for John Lewis-class fleet
replenishment oiler ships.
Sec. 129. Procurement authorities for certain amphibious shipbuilding
programs.
Sec. 130. Contracts for design and construction of the DDG(X) destroyer
program.
Sec. 131. Tomahawk and Standard Missile-6 capability on FFG-62 class
vessels.
Sec. 132. Report on advance procurement for CVN-82 and CVN-83.
Sec. 133. Quarterly briefings on the CH-53K King Stallion helicopter
program.
Subtitle D--Air Force Programs
Sec. 141. Modification of inventory requirements for aircraft of the
combat air forces.
Sec. 142. Inventory and other requirements relating to air refueling
tanker aircraft.
Sec. 143. Requirements relating to F-22 aircraft.
Sec. 144. Modification of exception to prohibition on certain
reductions to B-1 bomber aircraft
squadrons.
Sec. 145. Repeal of Air Force E-8C force presentation requirement.
Sec. 146. Minimum inventory of C-130 aircraft.
Sec. 147. Prohibition on availability of funds for retirement of C-40
aircraft.
Sec. 148. Prohibition on availability of funds for termination of
production lines for HH-60W aircraft.
Sec. 149. Prohibition on certain reductions to inventory of E-3
airborne warning and control system
aircraft.
Sec. 150. Limitation on divestment of F-15 aircraft.
Sec. 151. Authority to procure upgraded ejection seats for certain T-
38A aircraft.
Sec. 152. Procurement authority for digital mission operations platform
for the Space Force.
Sec. 153. Digital transformation commercial software acquisition.
Sec. 154. Requirements study and strategy for the combat search and
rescue mission of the Air Force.
Sec. 155. Plan for transfer of KC-135 aircraft to the Air National
Guard.
Sec. 156. Annual reports on T-7A Advanced Pilot Training System.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 161. Increase in Air Force and Navy use of used commercial dual-
use parts in certain aircraft and engines.
Sec. 162. Assessment and strategy for fielding capabilities to counter
threats posed by unmanned aerial system
swarms.
Sec. 163. Assessment and report on military rotary wing aircraft
industrial base.
Sec. 164. Comptroller General audit of efforts to modernize the
propulsion, power, and thermal management
systems of F-35 aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of cooperative research and development project
authority.
Sec. 212. Clarification of role of senior official with principal
responsibility for artificial intelligence
and machine learning.
Sec. 213. Inclusion of Office of Under Secretary of Defense for
Research and Engineering in personnel
management authority to attract experts in
science and engineering.
Sec. 214. Modification of limitation on cancellation of designation of
Executive Agent for a certain Defense
Production Act program.
Sec. 215. Support for research and development of bioindustrial
manufacturing processes.
Sec. 216. Air-breathing and rocket booster testing capacity upgrades to
support critical hypersonic weapons
development.
Sec. 217. Competitively awarded demonstrations and tests of
electromagnetic warfare technology.
Sec. 218. Administration of the Advanced Sensor Applications Program.
Sec. 219. Quantifiable assurance capability for security of
microelectronics.
Sec. 220. Government-Industry-Academia Working Group on
Microelectronics.
Sec. 221. Target date for deployment of 5G wireless broadband
infrastructure at all military
installations.
Sec. 222. Outreach to historically Black colleges and universities and
other minority-serving institutions
regarding National Security Innovation
Network programs that promote
entrepreneurship and innovation at
institutions of higher education.
Sec. 223. Report and pilot program based on recommendations regarding
defense research capacity at historically
Black colleges and universities and other
minority-serving institutions.
Sec. 224. Pilot program to support the development of patentable
inventions in the Department of the Navy.
Sec. 225. Pilot program to facilitate the development of battery
technologies for warfighters.
Subtitle C--Plans, Reports, and Other Matters
Sec. 231. Modification to annual reports of the Director of Operational
Test and Evaluation.
Sec. 232. Extension of requirement for quarterly briefings on strategy
for fifth generation information and
communications technologies.
Sec. 233. Plan for investments to support the development of novel
processing approaches for defense
applications.
Sec. 234. Plans to accelerate the transition to 5G information and
communications technology within the
military departments.
Sec. 235. Plan for Defense Advanced Research Projects Agency Innovation
Fellowship Program.
Sec. 236. Strategy and plan for fostering and strengthening the defense
innovation ecosystem.
Sec. 237. Assessment and strategy relating to hypersonic testing
capacity of the Department of Defense.
Sec. 238. Annual report on studies and reports of federally funded
research and development centers.
Sec. 239. Report on recommendations from Army Futures Command Research
Program Realignment Study.
Sec. 240. Report on potential for increased utilization of the
Electronic Proving Grounds testing range.
Sec. 241. Study on costs associated with underperforming software and
information technology.
Sec. 242. Study and report on sufficiency of operational test and
evaluation resources supporting certain
major defense acquisition programs.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Center for Excellence in Environmental Security.
Sec. 312. Participation in pollutant banks and water quality trading.
Sec. 313. Consideration under Defense Environmental Restoration Program
for State-owned facilities of the National
Guard with proven exposure of hazardous
substances and waste.
Sec. 314. Renewal of annual environmental and energy reports of
Department of Defense.
Sec. 315. Aggregation of energy conservation measures and funding.
Sec. 316. Additional special considerations for energy performance
goals and energy performance master plan.
Sec. 317. Purchase or lease of electric, zero emission, advanced-
biofuel-powered, or hydrogen-powered
vehicles for the Department of Defense.
Sec. 318. Clarification and requirement for Department of Defense
relating to renewable biomass and biogas.
Sec. 319. Programs of military departments on reduction of fuel
reliance and promotion of energy-aware
behaviors.
Sec. 320. Establishment of joint working group to determine joint
requirements for future operational energy
needs of Department of Defense.
Sec. 321. Amendment to budgeting of Department of Defense relating to
extreme weather.
Sec. 322. Prototype and demonstration projects for energy resilience at
certain military installations.
Sec. 323. Pilot program for development of electric vehicle charging
solutions to mitigate grid stress.
Sec. 324. Pilot program on use of sustainable aviation fuel.
Sec. 325. Policy to increase disposition of spent advanced batteries
through recycling.
Sec. 326. Guidance and target goal relating to formerly used defense
sites programs.
Sec. 327. Analysis and plan for addressing heat island effect on
military installations.
Sec. 328. Limitation on replacement of non-tactical vehicle fleet of
Department of Defense with electric
vehicles, advanced-biofuel-powered
vehicles, or hydrogen-powered vehicles.
Subtitle C--Red Hill Bulk Fuel Storage Facility
Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility.
Sec. 332. Authorization of closure of underground storage tank system
at Red Hill Bulk Fuel Storage Facility.
Sec. 333. Report on bulk fuel requirements applicable to United States
Indo-Pacific Command.
Sec. 334. Placement of sentinel or monitoring wells in proximity to Red
Hill Bulk Fuel Storage Facility.
Sec. 335. Studies relating to water needs of the Armed Forces on Oahu.
Sec. 336. Study on alternative uses for Red Hill Bulk Fuel Storage
Facility.
Sec. 337. Briefing on Department of Defense efforts to track health
implications of fuel leaks at Red Hill Bulk
Fuel Storage Facility.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 341. Department of Defense research relating to perfluoroalkyl or
polyfluoroalkyl substances.
Sec. 342. Increase of transfer authority for funding of study and
assessment on health implications of per-
and polyfluoroalkyl substances
contamination in drinking water by Agency
for Toxic Substances and Disease Registry.
Sec. 343. Prizes for development of non-PFAS-containing turnout gear.
Sec. 344. Modification of limitation on disclosure of results of
testing for perfluoroalkyl or
polyfluoroalkyl substances on private
property.
Sec. 345. Restriction on procurement or purchasing by Department of
Defense of turnout gear for firefighters
containing perfluoroalkyl substances or
polyfluoroalkyl substances.
Sec. 346. Annual report on PFAS contamination at certain military
installations from sources other than
aqueous film-forming foam.
Sec. 347. Report on critical PFAS uses; briefings on Department of
Defense procurement of certain items
containing PFOS or PFOA.
Subtitle E--Logistics and Sustainment
Sec. 351. Resources required for achieving materiel readiness metrics
and objectives for major defense
acquisition programs.
Sec. 352. Annual plan for maintenance and modernization of naval
vessels.
Sec. 353. Inclusion of information regarding joint medical estimates in
readiness reports.
Sec. 354. Inapplicability of advance billing dollar limitation for
relief efforts following major disasters or
emergencies.
Sec. 355. Repeal of Comptroller General review on time limitations on
duration of public-private competitions.
Sec. 356. Implementation of Comptroller General recommendations
regarding Shipyard Infrastructure
Optimization Plan of the Navy.
Sec. 357. Limitation on availability of funds for military information
support operations.
Sec. 358. Notification of modification to policy regarding retention
rates for Navy ship repair contracts.
Sec. 359. Research and analysis on capacity of private shipyards in
United States and effect of those shipyards
on Naval fleet readiness.
Sec. 360. Independent study relating to fuel distribution logistics
across United States Indo-Pacific Command.
Sec. 361. Quarterly briefings on expenditures for establishment of fuel
distribution points in United States Indo-
Pacific Command area of responsibility.
Subtitle F--Matters Relating to Depots and Ammunition Production
Facilities
Sec. 371. Budgeting for depot and ammunition production facility
maintenance and repair: annual report.
Sec. 372. Extension of authorization of depot working capital funds for
unspecified minor military construction.
Sec. 373. Five-year plans for improvements to depot and ammunition
production facility infrastructure.
Sec. 374. Modification to minimum capital investment for certain
depots.
Sec. 375. Continuation of requirement for biennial report on core
depot-level maintenance and repair.
Sec. 376. Continuation of requirement for annual report on funds
expended for performance of depot-level
maintenance and repair workloads.
Sec. 377. Clarification of calculation for certain workload carryover
of Department of the Army.
Subtitle G--Other Matters
Sec. 381. Annual reports by Deputy Secretary of Defense on activities
of Joint Safety Council.
Sec. 382. Accountability for Department of Defense contractors using
military working dogs.
Sec. 383. Membership of Coast Guard on Joint Safety Council.
Sec. 384. Inclusion in report on unfunded priorities National Guard
responsibilities in connection with natural
and man-made disasters.
Sec. 385. Support for training of National Guard personnel on wildfire
prevention and response.
Sec. 386. Interagency collaboration and extension of pilot program on
military working dogs and explosives
detection.
Sec. 387. Amendment to the Sikes Act.
Sec. 388. National standards for Federal fire protection at military
installations.
Sec. 389. Pilot programs for tactical vehicle safety data collection.
Sec. 390. Requirements relating to reduction of out-of-pocket costs of
members of the Armed Forces for uniform
items.
Sec. 391. Implementation of recommendations relating to animal facility
sanitation and plan for housing and care of
horses.
Sec. 392. Continued designation of Secretary of the Navy as executive
agent for Naval Small Craft Instruction and
Technical Training School.
Sec. 393. Prohibition on use of funds for retirement of legacy maritime
mine countermeasures platforms.
TITLE IV--MILITARY PERSONNEL AUTHORIZATION
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters.
Sec. 403. Additional authority to vary Space Force end strength.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authorized strengths for Space Force officers on active duty
in grades of major, lieutenant colonel, and
colonel.
Sec. 502. Distribution of commissioned officers on active duty in
general officer and flag officer grades.
Sec. 503. Redistribution of Naval officers serving on active duty in
the grades of O-8 and O-9.
Sec. 504. Authorized strength after December 31, 2022: general officers
and flag officers on active duty.
Sec. 505. Extension of grade retention for certain officers awaiting
retirement.
Sec. 506. Exclusion of officers serving as lead special trial counsel
from limitations on authorized strengths
for general and flag officers.
Sec. 507. Constructive service credit for certain officers of the Armed
Forces.
Sec. 508. Improvements to the selection of warrant officers in the
military departments for promotion.
Sec. 509. Advice and consent requirement for waivers of mandatory
retirement for Superintendents of military
service academies.
Sec. 509A. Modification of reports on Air Force personnel performing
duties of a Nuclear and Missile Operations
Officer (13N).
Sec. 509B. Assessments of staffing in the Office of the Secretary of
Defense and other Department of Defense
headquarters offices.
Sec. 509C. GAO review of certain officer performance evaluations.
Sec. 509D. Study of chaplains.
Subtitle B--Reserve Component Management
Sec. 511. Inclusion of additional information on the Senior Reserve
Officers' Training Corps in reports
accompanying the national defense strategy.
Sec. 512. Expansion of eligibility to serve as an instructor in the
Junior Reserve Officers' Training Corps.
Sec. 513. Backdating of effective date of rank for reserve officers in
the National Guard due to undue delays in
Federal recognition.
Sec. 514. Inspections of the National Guard.
Sec. 515. Authority to waive requirement that performance of Active
Guard and Reserve duty at the request of a
Governor may not interfere with certain
duties.
Sec. 516. Continued National Guard support for FireGuard program.
Sec. 517. Enhancement of National Guard Youth Challenge Program.
Sec. 518. Notice to Congress before certain actions regarding units of
certain reserve components.
Sec. 519. Independent study on Federal recognition of National Guard
officers.
Sec. 519A. Review and update of report on geographic dispersion of
Junior Reserve Officers' Training Corps.
Sec. 519B. Briefing on duties of the Army Interagency Training and
Education Center.
Subtitle C--General Service Authorities and Military Records
Sec. 521. Consideration of adverse information by special selection
review boards.
Sec. 522. Expansion of eligibility for direct acceptance of gifts by
members of the Armed Forces and Department
of Defense and Coast Guard employees and
their families.
Sec. 523. Limitation of extension of period of active duty for a member
who accepts a fellowship, scholarship, or
grant.
Sec. 524. Expansion of mandatory characterizations of administrative
discharges of certain members on the basis
of failure to receive COVID-19 vaccine.
Sec. 525. Rescission of COVID-19 vaccination mandate.
Sec. 526. Temporary exemption from end strength grade restrictions for
the Space Force.
Sec. 527. Notification to next of kin upon the death of a member of the
Armed Forces: study; update; training;
report.
Sec. 528. Gender-neutral fitness physical readiness standards for
military occupational specialties of the
Army.
Sec. 529. Recurring report regarding COVID-19 mandate.
Sec. 530. Sense of Congress regarding women involuntarily separated
from the Armed Forces due to pregnancy or
parenthood.
Subtitle D--Recruitment and Retention
Sec. 531. Treatment of personally identifiable information regarding
prospective recruits.
Sec. 532. Revival and extension of temporary authority for targeted
recruitment incentives.
Sec. 533. Report on recruiting efforts of certain Armed Forces.
Sec. 534. Review of marketing and recruiting of the Department of
Defense.
Sec. 535. Report on Department of Defense recruitment advertising to
racial and ethnic minority communities.
Sec. 536. Improving oversight of military recruitment practices in
public secondary schools.
Sec. 537. Best practices for the retention of certain female members of
the Armed Forces.
Sec. 538. Review of certain personnel policies of special operations
forces.
Sec. 539. Support for members who perform duties regarding remotely
piloted aircraft: study; report.
Sec. 539A. Retention and recruitment of members of the Army who
specialize in air and missile defense
systems.
Subtitle E--Military Justice and Other Legal Matters
Sec. 541. Matters in connection with special trial counsel.
Sec. 542. Technical corrections relating to special trial counsel.
Sec. 543. Randomization of court-martial panels.
Sec. 544. Jurisdiction of Courts of Criminal Appeals.
Sec. 545. Special trial counsel of the Department of the Air Force.
Sec. 546. Independent investigation of sexual harassment.
Sec. 547. Primary prevention research agenda and workforce.
Sec. 548. Limitation on availability of funds for relocation of Army
CID special agent training course.
Sec. 549. Review of titling and indexing practices of the Army and
certain other organizations.
Sec. 549A. Briefing and report on resourcing required for
implementation of military justice reform.
Sec. 549B. Report on sharing information with counsel for victims of
offenses under the Uniform Code of Military
Justice.
Sec. 549C. Dissemination of civilian legal services information.
Subtitle F--Member Education
Sec. 551. Authorization of certain support for military service academy
foundations.
Sec. 552. Individuals from the District of Columbia who may be
considered for appointment to military
service academies.
Sec. 553. Agreement by a cadet or midshipman to play professional sport
constitutes a breach of agreement to serve
as an officer.
Sec. 554. Naval Postgraduate School and United States Air Force
Institute of Technology: terms of Provosts
and Chief Academic Officers.
Sec. 555. Naval Postgraduate School: attendance by enlisted members.
Sec. 556. Modification of annual report on demographics of military
service academy applicants.
Sec. 557. Study and report on professional military education.
Sec. 558. Report on treatment of China in curricula of professional
military education.
Subtitle G--Member Training and Transition
Sec. 561. Codification of Skillbridge program.
Sec. 562. Pilot program on remote personnel processing in the Army.
Sec. 563. Annual report on members separating from active duty who file
claims for disability benefits.
Sec. 564. Female members of certain Armed Forces and civilian employees
of the Department of Defense in STEM.
Subtitle H--Military Family Readiness and Dependents' Education
Sec. 571. Clarification and expansion of authorization of support for
chaplain-led programs for members of the
Armed Forces.
Sec. 572. Pilot program to expand eligibility for enrollment at
domestic dependent elementary and secondary
schools: extension; report.
Sec. 573. Commercial air waiver for next of kin regarding
transportation of remains of casualties.
Sec. 574. Certain assistance to local educational agencies that benefit
dependents of military and civilian
personnel.
Sec. 575. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces
with enrollment changes due to base
closures, force structure changes, or force
relocations.
Sec. 576. Pilot program on hiring of special needs inclusion
coordinators for Department of Defense
child development centers.
Sec. 577. Promotion of certain child care assistance.
Sec. 578. Industry roundtable on military spouse hiring.
Sec. 579. Recommendations for the improvement of the Military
Interstate Children's Compact.
Sec. 579A. Feasibility of inclusion of au pairs in pilot program to
provide financial assistance to members of
the Armed Forces for in-home child care.
Sec. 579B. Briefing on policies regarding single parents serving as
members of the Armed Forces.
Sec. 579C. Public reporting on certain military child care programs.
Sec. 579D. Briefing on verification of eligible federally connected
children for purposes of Federal impact aid
programs.
Sec. 579E. Sense of Congress on rights of parents of children attending
schools operated by the Department of
Defense Education Activity.
Subtitle I--Decorations, Awards, and Other Honors
Sec. 581. Clarification of procedure for boards for the correction of
military records to review determinations
regarding certain decorations.
Sec. 582. Authorizations for certain awards.
Sec. 583. Posthumous appointment of Ulysses S. Grant to grade of
General of the Armies of the United States.
Sec. 584. Enhanced information related to awarding of the Purple Heart.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Report on non-citizen members of the Armed Forces.
Sec. 592. Notification on manning of afloat naval forces:
modifications; codification.
Sec. 593. Clarification of authority of NCMAF to update Chaplains Hill
at Arlington National Cemetery.
Sec. 594. Disinterment of remains of Andrew Chabrol from Arlington
National Cemetery.
Sec. 595. Pilot program on safe storage of personally owned firearms.
Sec. 596. Pilot program on car sharing on remote or isolated military
installations.
Sec. 597. Briefing on the effects of economic inflation on members of
the Armed Forces.
Sec. 598. Study on improvement of access to voting for members of the
Armed Forces overseas.
Sec. 599. Report on incidence of military suicides by military job
code.
Sec. 599A. Report on efforts to prevent and respond to deaths by
suicide in the Navy.
Sec. 599B. Report on officer personnel management and the development
of the professional military ethic of the
Space Force.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Bonus and Incentive Pays
Sec. 601. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 602. Increase to maximum amounts of certain bonus and special pay
authorities.
Sec. 603. Cold weather duty: authorization of assignment or special
duty pay; travel allowance for members of
the Armed Forces assigned to Alaska.
Sec. 604. Air Force rated officer retention demonstration program.
Subtitle B--Allowances Other Than Travel and Transportation Allowances
Sec. 611. Increases in maximum allowable income for purposes of
eligibility for basic needs allowance.
Sec. 612. Extension of authority to temporarily adjust basic allowance
for housing in certain areas.
Sec. 613. Temporary continuation of rate of basic allowance for housing
for members of the Armed Forces whose sole
dependent dies while residing with the
member.
Sec. 614. Basic allowance for housing for members without dependents
when home port change would financially
disadvantage member.
Sec. 615. Revival and redesignation of provision establishing benefits
for certain members assigned to the Defense
Intelligence Agency.
Sec. 616. Extension of one-time uniform allowance for officers who
transfer to the Space Force.
Sec. 617. OCONUS cost of living allowance: adjustments; notice to
certain congressional committees.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Allowable travel and transportation allowances: complex
overhaul.
Sec. 622. Expansion of authority to reimburse a member of the uniformed
services for spousal business costs arising
from a permanent change of station.
Sec. 623. Extension of authority to reimburse members for spouse
relicensing costs pursuant to a permanent
change of station.
Sec. 624. Reimbursement of a member of the uniformed services for costs
to relocate a pet that arise from a
permanent change of station.
Sec. 625. Travel and transportation allowances for certain members of
the Armed Forces who attend a professional
military education institution or training
classes.
Sec. 626. Conforming amendments to update references to travel and
transportation authorities.
Sec. 627. Pilot program to reimburse members of the Armed Forces for
certain child care costs incident to a
permanent change of station or assignment.
Subtitle D--Leave
Sec. 631. Technical amendments to leave entitlement and accumulation.
Sec. 632. Modification of authority to allow members of the Armed
Forces to accumulate leave in excess of 60
days.
Sec. 633. Convalescent leave for a member of the Armed Forces.
Subtitle E--Family and Survivor Benefits
Sec. 641. Claims relating to the return of personal effects of a
deceased member of the Armed Forces.
Sec. 642. Extension of parent fee discount to child care employees.
Sec. 643. Survivor Benefit Plan open season.
Sec. 644. Military installations with limited child care: briefing.
Sec. 645. Food insecurity among military families: data collection;
training; report.
Subtitle F--Defense Resale Matters
Sec. 651. Prohibition of the sale of certain goods from the Xinjiang
Uyghur Autonomous Region in commissaries
and exchanges.
Subtitle G--Miscellaneous Studies, Briefings and Reports
Sec. 661. Study on basic pay.
Sec. 662. Report on accuracy of basic allowance for housing.
Sec. 663. Review of dislocation and relocation allowances.
Sec. 664. Complex overhaul pay: briefing.
Sec. 665. Studies on compensation for DOD child care providers.
Sec. 666. Barriers to home ownership for members of the Armed Forces:
study; report.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Improvements to TRICARE dental program.
Sec. 702. Health benefits for members of the National Guard following
required training or other duty to respond
to a national emergency.
Sec. 703. Improvement of referrals for specialty care under TRICARE
Prime during permanent changes of station.
Sec. 704. Confidentiality requirements for mental health care services
for members of the Armed Forces.
Sec. 705. Audit of behavioral health care network providers listed in
TRICARE directory.
Sec. 706. Independent analysis of quality and patient safety review
process under direct care component of
TRICARE program.
Sec. 707. Study on providing benefits under TRICARE Reserve Select and
TRICARE dental program to members of the
Selected Reserve and dependents thereof.
Sec. 708. GAO study on certain contracts relating to TRICARE program
and oversight of such contracts.
Sec. 709. GAO study on coverage of mental health services under TRICARE
program and relationship to certain mental
health parity laws.
Subtitle B--Health Care Administration
Sec. 711. Accountability for wounded warriors undergoing disability
evaluation.
Sec. 712. Inclusion of level three trauma care capabilities in
requirements for medical centers.
Sec. 713. Centers of excellence for specialty care in military health
system.
Sec. 714. Maintenance of Core Casualty Receiving Facilities to improve
medical force readiness.
Sec. 715. Congressional notification requirement to modify scope of
services provided at military medical
treatment facilities.
Sec. 716. Improvements to processes to reduce financial harm caused to
civilians for care provided at military
medical treatment facilities.
Sec. 717. Authority to carry out studies and demonstration projects
relating to delivery of health and medical
care through use of other transaction
authority.
Sec. 718. Licensure requirement for certain health-care professionals
providing services as part of mission
relating to emergency, humanitarian, or
refugee assistance.
Sec. 719. Authorization of permanent program to improve opioid
management in the military health system.
Sec. 720. Modification of requirement to transfer research and
development and public health functions to
Defense Health Agency.
Sec. 721. Access to certain dependent medical records by remarried
former spouses.
Sec. 722. Authority for Department of Defense program to promote early
literacy among certain young children.
Sec. 723. Plan for Accountable Care Organization demonstration.
Sec. 724. Feasibility study and plan on establishing a Military Health
System Medical Logistics Directorate and
Military Health System Education and
Training Directorate.
Subtitle C--Reports and Other Matters
Sec. 731. Briefing and report on reduction or realignment of military
medical manning and medical billets.
Sec. 732. Independent analysis of Department of Defense Comprehensive
Autism Care Demonstration program.
Sec. 733. Clarification of membership requirements and compensation
authority for independent suicide
prevention and response review committee.
Sec. 734. Termination of veterans' advisory board on radiation dose
reconstruction.
Sec. 735. Brain health initiative of Department of Defense.
Sec. 736. Establishment of partnership program between United States
and Ukraine for military trauma care and
research.
Sec. 737. Improvements relating to behavioral health care available
under military health system.
Sec. 738. Certification program in provision of mental health services
to members of the Armed Forces and military
families.
Sec. 739. Standardization of policies relating to service in Armed
Forces by individuals diagnosed with HBV.
Sec. 740. Suicide cluster: standardized definition for use by
Department of Defense; congressional
notification.
Sec. 741. Limitation on reduction of military medical manning end
strength: certification requirement and
other reforms.
Sec. 742. Feasibility study on establishment of Department of Defense
internship programs relating to civilian
behavioral health providers.
Sec. 743. Updates to prior feasibility studies on establishment of new
command on defense health.
Sec. 744. Capability assessment and action plan with respect to effects
of exposure to open burn pits and other
environmental hazards.
Sec. 745. Kyle Mullen Navy SEAL medical training review.
Sec. 746. Reports on composition of medical personnel of each military
department and related matters.
Sec. 747. Report on effects of low recruitment and retention on
operational tempo and physical and mental
health of members of the Armed Forces.
Sec. 748. Guidance for addressing healthy relationships and intimate
partner violence through TRICARE Program.
Sec. 749. Briefing on suicide prevention reforms for members of the
Armed Forces.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Writing award to encourage curiosity and persistence in
overcoming obstacles in acquisition.
Sec. 802. Task and delivery order contracting for architectural and
engineering services.
Sec. 803. Data requirements for commercial products for major weapon
systems.
Sec. 804. Revision of authority for procedures to allow rapid
acquisition and deployment of capabilities
needed under specified high-priority
circumstances.
Sec. 805. Treatment of certain clauses implementing Executive orders.
Sec. 806. Life cycle management and product support.
Sec. 807. Amendments to contractor employee protections from reprisal
for disclosure of certain information.
Sec. 808. Use of fixed-price type contracts for certain major defense
acquisition programs.
Sec. 809. Acquisition reporting system.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Inclusion in budget justification materials of enhanced
reporting on proposed cancellations and
modifications to multiyear contracts.
Sec. 812. Comptroller General assessment of acquisition programs and
related efforts.
Sec. 813. Extension of Defense Modernization Account authority.
Sec. 814. Clarification to fixed-price incentive contract references.
Sec. 815. Modification of reporting requirement in connection with
requests for multiyear procurement
authority for large defense acquisitions.
Sec. 816. Modification of provision relating to determination of
certain activities with unusually hazardous
risks.
Sec. 817. Modification to prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
Sec. 818. Extension of pilot program to accelerate contracting and
pricing processes.
Sec. 819. Extension of pilot program for distribution support and
services for weapons systems contractors.
Sec. 820. Extension and modification of Never Contract with the Enemy.
Sec. 821. Repeal of requirement for Inspector General of the Department
of Defense to conduct certain reviews.
Sec. 822. Modification of contracts to provide extraordinary relief due
to inflation impacts.
Subtitle C--Provisions Relating to Acquisition Workforce
Sec. 831. Key experiences and enhanced pay authority for acquisition
workforce excellence.
Sec. 832. Defense Acquisition University reforms.
Sec. 833. Modifications to Defense Civilian Training Corps.
Sec. 834. Acquisition workforce incentives relating to training on, and
agreements with, certain start-up
businesses.
Sec. 835. Curricula on software acquisitions and cybersecurity software
or hardware acquisitions for covered
individuals.
Sec. 836. Department of Defense national imperative for industrial
skills program.
Subtitle D--Provisions Relating to Software and Technology
Sec. 841. Guidelines and resources on the acquisition or licensing of
intellectual property.
Sec. 842. Modification of authority of the Department of Defense to
carry out certain prototype projects.
Sec. 843. Other transaction authority clarification.
Sec. 844. Prizes for advanced technology achievements.
Sec. 845. Congressional notification for pilot program to accelerate
the procurement and fielding of innovative
technologies.
Sec. 846. Report on software delivery times.
Subtitle E--Industrial Base Matters
Sec. 851. Modification to the national technology and industrial base.
Sec. 852. Modification to miscellaneous limitations on the procurement
of goods other than United States goods.
Sec. 853. Requirements for the procurement of certain components for
certain naval vessels and auxiliary ships.
Sec. 854. Modifications to the procurement technical assistance
program.
Sec. 855. Codification of prohibition on certain procurements from the
Xinjiang Uyghur Autonomous Region.
Sec. 856. Codification of the Department of Defense Mentor-Protege
Program.
Sec. 857. Procurement requirements relating to rare earth elements and
strategic and critical materials.
Sec. 858. Analyses of certain activities for action to address sourcing
and industrial capacity.
Sec. 859. Demonstration exercise of enhanced planning for industrial
mobilization and supply chain management.
Sec. 860. Risk management for Department of Defense pharmaceutical
supply chains.
Sec. 861. Strategy for increasing competitive opportunities for certain
critical technologies.
Sec. 862. Key advanced system development industry days.
Subtitle F--Small Business Matters
Sec. 871. Codification of Small Business Administration scorecard.
Sec. 872. Modifications to the SBIR and STTR programs.
Sec. 873. Access to data on bundled or consolidated contracts.
Sec. 874. Small business integration working group.
Sec. 875. Demonstration of commercial due diligence for small business
programs.
Sec. 876. Development and assessment of mission effectiveness metrics.
Subtitle G--Other Matters
Sec. 881. Technical correction to effective date of the transfer of
certain title 10 acquisition provisions.
Sec. 882. Security clearance bridge pilot program.
Sec. 883. Existing agreement limits for Operation Warp Speed.
Sec. 884. Incorporation of controlled unclassified information guidance
into program classification guides and
program protection plans.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Increase in authorized number of Assistant and Deputy
Assistant Secretaries of Defense.
Sec. 902. Conforming amendments relating to repeal of position of Chief
Management Officer.
Sec. 903. Limitation on use of funds pending demonstration of product
to identify, task, and manage congressional
reporting requirements.
Sec. 904. Limitation on use of funds pending compliance with
requirements relating to alignment of Close
Combat Lethality Task Force.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Updates to management reform framework.
Sec. 912. Briefing on changes to Unified Command Plan.
Sec. 913. Clarification of peacetime functions of the Navy.
Sec. 914. Responsibilities and functions relating to electromagnetic
spectrum operations.
Sec. 915. Joint all domain command and control.
Sec. 916. Strategic management dashboard demonstration.
Sec. 917. Demonstration program for component content management
systems.
Sec. 918. Report on potential transition of all members of the Space
Force into a single component.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Sense of Congress relating to the corrective action plans
review process.
Sec. 1003. Annual reports on budgetary effects of inflation.
Subtitle B--Counterdrug Activities
Sec. 1011. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Modification to annual naval vessel construction plan.
Sec. 1022. Navy consultation with Marine Corps on major decisions
directly concerning Marine Corps amphibious
force structure and capability.
Sec. 1023. Amphibious warship force structure.
Sec. 1024. Modification to limitation on decommissioning or
inactivating battle force ships before end
of expected service life.
Sec. 1025. Amphibious warfare ship assessment and requirements.
Sec. 1026. Battle force ship employment, maintenance, and manning
baseline plans.
Sec. 1027. Withholding of certain information about sunken military
crafts.
Sec. 1028. Business case analyses on disposition of certain Government-
owned dry-docks.
Sec. 1029. Prohibition on retirement of certain naval vessels.
Subtitle D--Counterterrorism
Sec. 1031. Extension of prohibition on use of funds for transfer or
release of individuals detained at United
States Naval Station, Guantanamo Bay, Cuba,
to the United States.
Sec. 1032. Extension of prohibition on use of funds to construct or
modify facilities in the United States to
house detainees transferred from United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 1033. Modification and extension of prohibition on use of funds
for transfer or release of individuals
detained at United States Naval Station,
Guantanamo Bay, Cuba, to certain countries.
Sec. 1034. Extension of prohibition on use of funds to close or
relinquish control of United States Naval
Station, Guantanamo Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Submission of national defense strategy in classified and
unclassified form.
Sec. 1042. Department of Defense support for funerals and memorial
events for Members and former Members of
Congress.
Sec. 1043. Modification of authority for humanitarian demining
assistance and stockpiled conventional
munitions assistance.
Sec. 1044. Modification of provisions relating to anomalous health
incidents.
Sec. 1045. Security clearances for recently separated members of the
Armed Forces and civilian employees of the
Department of Defense.
Sec. 1046. Integrated and authenticated access to Department of Defense
systems for certain congressional staff for
oversight purposes.
Sec. 1047. Introduction of entities in transactions critical to
national security.
Sec. 1048. Joint training pipeline between United States Navy and Royal
Australian Navy.
Sec. 1049. Standardization of sectional barge construction for
Department of Defense use on rivers and
intercoastal waterways.
Sec. 1050. Department of Defense support for recently enacted
commissions.
Subtitle F--Studies and Reports
Sec. 1051. Modification of annual report on unfunded priorities.
Sec. 1052. Congressional notification of military information support
operations in the information environment.
Sec. 1053. Modification and continuation of reporting requirement
relating to humanitarian assistance.
Sec. 1054. Briefing on Global Force Management Allocation Plan.
Sec. 1055. Report and budget details regarding Operation Spartan
Shield.
Sec. 1056. Annual report on civilian casualties in connection with
United States military operations.
Sec. 1057. Extension of certain reporting deadlines.
Sec. 1058. Extension and modification of reporting requirement
regarding enhancement of information
sharing and coordination of military
training between Department of Homeland
Security and Department of Defense.
Sec. 1059. Continuation of requirement for annual report on National
Guard and reserve component equipment.
Sec. 1060. Modification of authority of Secretary of Defense to
transfer excess aircraft to other
departments of the Federal Government and
authority to transfer excess aircraft to
States.
Sec. 1061. Combatant command risk assessment for airborne intelligence,
surveillance, and reconnaissance.
Sec. 1062. Study on military training routes and special use air space
near wind turbines.
Sec. 1063. Annual reports on safety upgrades to the high mobility
multipurpose wheeled vehicle fleets.
Sec. 1064. Department of Defense delays in providing comments on
Government Accountability Office reports.
Sec. 1065. Justification for transfer or elimination of certain flying
missions.
Sec. 1066. Reports on United States military force presence in Europe.
Sec. 1067. Report on Department of Defense practices regarding
distinction between combatants and
civilians in United States military
operations.
Sec. 1068. Report on strategy and improvement of community engagement
efforts of Armed Forces in Hawaii.
Sec. 1069. Report on Department of Defense military capabilities in the
Caribbean.
Sec. 1070. Quarterly briefings on Department of Defense support for
civil authorities to address immigration at
the southwest border.
Sec. 1071. Annual report on procurement of equipment by State and local
governments through the Department of
Defense.
Sec. 1072. Briefing on financial oversight of certain educational
institutions receiving Department of
Defense funds.
Sec. 1073. Report on effects of certain ethics requirements on
Department of Defense hiring, retention,
and operations.
Sec. 1074. Joint Concept for Competing.
Sec. 1075. Analysis of feasibility and advisability of relocating major
units of the United States Armed Forces to
certain European countries.
Sec. 1076. Report on effects of strategic competitor naval facilities
in Africa.
Subtitle G--Other Matters
Sec. 1081. Technical and conforming amendments.
Sec. 1082. Department of Defense Civilian Protection Center of
Excellence.
Sec. 1083. Ronald V. Dellums Memorial Fellowship in STEM.
Sec. 1084. Amendment to memorial for members of the Armed Forces killed
in attack on Hamid Karzai International
Airport.
Sec. 1085. Public availability of cost of certain military operations.
Sec. 1086. Combating military reliance on Russian energy.
Sec. 1087. Establishment of joint force headquarters in area of
operations of United States Indo-Pacific
Command.
Sec. 1088. National tabletop exercise.
Sec. 1089. Personnel supporting the Office of the Assistant Secretary
of Defense for Special Operations and Low
Intensity Conflict.
Sec. 1090. Sense of Congress on redesignation of the Africa Center for
Strategic Studies as the James M. Inhofe
Center for Africa Strategic Studies.
Sec. 1091. Integration of electronic warfare into Tier 1 and Tier 2
joint training exercises.
Sec. 1092. National Commission on the Future of the Navy.
Sec. 1093. Dynamic airspace pilot program.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Restricted reporting option for Department of Defense
civilian employees choosing to report
experiencing adult sexual assault.
Sec. 1102. Modification and extension of authority to waive annual
limitation on premium pay and aggregate
limitation on pay for Federal civilian
employees working overseas.
Sec. 1103. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to
civilian personnel on official duty in a
combat zone.
Sec. 1104. Standardized credentials for law enforcement officers of the
Department of Defense.
Sec. 1105. Temporary extension of authority to provide security for
former Department of Defense officials.
Sec. 1106. Enhanced pay authority for certain research and technology
positions in science and technology
reinvention laboratories.
Sec. 1107. Flexible workplace programs.
Sec. 1108. Eligibility of Department of Defense employees in time-
limited appointments to compete for
permanent appointments.
Sec. 1109. Modification to personnel management authority to attract
experts in science and engineering.
Sec. 1110. Modification and extension of pilot program on dynamic
shaping of the workforce to improve the
technical skills and expertise at certain
department of defense laboratories.
Sec. 1111. Modification of temporary expansion of authority for
noncompetitive appointments of military
spouses by federal agencies.
Sec. 1112. Modification to pilot program for the temporary assignment
of cyber and information technology
personnel to private sector organizations.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Payment of personnel expenses necessary for participation
in training program conducted by Colombia
under the United States-Colombia Action
Plan for Regional Security.
Sec. 1202. Modifications to Reports on Security Cooperation.
Sec. 1203. Modification of authority for participation in
multinational centers of excellence.
Sec. 1204. Modification of existing authorities to provide for an
Irregular Warfare Center and a Regional
Defense Fellowship Program.
Sec. 1205. Modification to authority to provide support for conduct of
operations.
Sec. 1206. Extension and modification of authority for reimbursement
of certain coalition nations for support
provided to United States military
operations.
Sec. 1207. Modification and extension of authority to support border
security operations of certain foreign
countries.
Sec. 1208. Security cooperation programs with foreign partners to
advance women, peace, and security.
Sec. 1209. Review of implementation of prohibition on use of funds for
assistance to units of foreign security
forces that have committed a gross
violation of human rights.
Sec. 1210. Independent assessment of United States efforts to train,
advise, assist, and equip the military
forces of Somalia.
Sec. 1211. Security cooperation activities at Counter-UAS University.
Sec. 1212. Defense Operational Resilience International Cooperation
Pilot Program.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1221. Extension of authority for certain payments to redress
injury and loss.
Sec. 1222. Additional matters for inclusion in reports on oversight in
Afghanistan.
Sec. 1223. Prohibition on transporting currency to the Taliban and the
Islamic Emirate of Afghanistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1231. Modification of annual report on the military capabilities
of Iran and related activities.
Sec. 1232. Extension of authority to support operations and activities
of the Office of Security Cooperation in
Iraq.
Sec. 1233. Extension of authority to provide assistance to vetted
Syrian groups and individuals.
Sec. 1234. Extension and modification of authority to provide
assistance to counter the Islamic State of
Iraq and Syria.
Sec. 1235. Prohibition on transfers to Iran.
Sec. 1236. Report on Islamic Revolutionary Guard Corps-affiliated
operatives abroad.
Sec. 1237. Assessment of support to Iraqi Security Forces and Kurdish
Peshmerga Forces to counter air and missile
threats.
Sec. 1238. Interagency strategy to disrupt and dismantle narcotics
production and trafficking and affiliated
networks linked to the regime of Bashar al-
Assad in Syria.
Sec. 1239. Prohibition on transfers to Badr Organization.
Sec. 1240. Report on United Nations arms embargo on Iran.
Subtitle D--Matters Relating to Russia
Sec. 1241. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1242. Extension of limitation on military cooperation between the
United States and Russia.
Sec. 1243. Modification to annual report on military and security
developments involving the Russian
Federation.
Sec. 1244. Temporary authorizations related to Ukraine and other
matters.
Sec. 1245. Prohibition on availability of funds relating to
sovereignty of the Russian Federation over
internationally recognized territory of
Ukraine.
Sec. 1246. Report on Department of Defense plan for the provision of
short and medium-term security assistance
to Ukraine.
Sec. 1247. Oversight of United States assistance to Ukraine.
Subtitle E--Matters Relating to the Indo-Pacific Region
Sec. 1251. Modification to annual report on military and security
developments involving the People's
Republic of China.
Sec. 1252. Modification of Indo-Pacific Maritime Security Initiative
to authorize use of funds for the Coast
Guard.
Sec. 1253. Modification of prohibition on participation of the
People's Republic of China in rim of the
Pacific (RIMPAC) naval exercises to include
cessation of genocide by China.
Sec. 1254. Extension and modification of Pacific Deterrence
Initiative.
Sec. 1255. Extension of authority to transfer funds for Bien Hoa
dioxin cleanup.
Sec. 1256. Enhanced indications and warning for deterrence and
dissuasion.
Sec. 1257. Prohibition on use of funds to support entertainment
projects with ties to the Government of the
People's Republic of China.
Sec. 1258. Reporting on institutions of higher education domiciled in
the People's Republic of China that provide
support to the People's Liberation Army.
Sec. 1259. Review of port and port-related infrastructure purchases
and investments made by the Government of
the People's Republic of China and entities
directed or backed by the Government of the
People's Republic of China.
Sec. 1260. Enhancing major defense partnership with India.
Sec. 1261. Pilot program to develop young civilian defense leaders in
the Indo-Pacific region.
Sec. 1262. Report on bilateral agreements supporting United States
military posture in the Indo-Pacific
region.
Sec. 1263. Statement of policy on Taiwan.
Sec. 1264. Sense of congress on joint exercises with Taiwan.
Sec. 1265. Sense of Congress on defense alliances and partnerships in
the Indo-Pacific region.
Subtitle F--Other Matters
Sec. 1271. North Atlantic Treaty Organization Special Operations
Headquarters.
Sec. 1272. Sense of Congress on NATO and United States defense posture
in Europe.
Sec. 1273. Report on Fifth Fleet capabilities upgrades.
Sec. 1274. Report on use of social media by foreign terrorist
organizations.
Sec. 1275. Report and feasibility study on collaboration to meet
shared national security interests in East
Africa.
Sec. 1276. Assessment of challenges to implementation of the
partnership among Australia, the United
Kingdom, and the United States.
Sec. 1277. Modification and extension of United States-Israel
cooperation to counter unmanned aerial
systems.
Sec. 1278. Sense of Congress and briefing on multinational force and
observers.
Sec. 1279. Briefing on Department of Defense program to protect United
States students against foreign agents.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense health program.
Subtitle B--National Defense Stockpile
Sec. 1411. Reform of the Strategic and Critical Materials Stock Piling
Act.
Sec. 1412. Modification of acquisition authority under Strategic and
Critical Materials Stock Piling Act.
Sec. 1413. Briefings on shortfalls in National Defense Stockpile.
Sec. 1414. Authority to acquire materials for the National Defense
Stockpile.
Sec. 1415. Department of Defense readiness to support prolonged
conflict.
Subtitle C--Other Matters
Sec. 1421. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund for
Captain James A. Lovell Health Care Center,
Illinois.
Sec. 1422. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV--CYBER AND INFORMATION OPERATIONS MATTERS
Subtitle A--Cyber Matters
Sec. 1501. Improvements to Principal Cyber Advisors.
Sec. 1502. Annual reports on support by military departments for United
States Cyber Command.
Sec. 1503. Modification of office of primary responsibility for
strategic cybersecurity program.
Sec. 1504. Tailored cyberspace operations organizations.
Sec. 1505. Establishment of support center for consortium of
universities that advise Secretary of
Defense on cybersecurity matters.
Sec. 1506. Alignment of Department of Defense cyber international
strategy with National Defense Strategy and
Department of Defense Cyber Strategy.
Sec. 1507. Enhancement of cyberspace training and security cooperation.
Sec. 1508. Military Cybersecurity Cooperation with Hashemite Kingdom of
Jordan.
Sec. 1509. Management and oversight of Joint Cyber Warfighting
Architecture.
Sec. 1510. Integrated non-kinetic force development.
Sec. 1511. Protection of critical infrastructure.
Sec. 1512. Budget display for cryptographic modernization activities
for certain systems of the Department of
Defense.
Sec. 1513. Establishing projects for data management, artificial
intelligence, and digital solutions.
Sec. 1514. Operational testing for commercial cybersecurity
capabilities.
Subtitle B--Information Operations
Sec. 1521. Requirement to notify Chief of Mission of military operation
in the information environment.
Sec. 1522. Assessment and optimization of Department of Defense
information and influence operations
conducted through cyberspace.
Sec. 1523. Joint information operations course.
Sec. 1524. Limitation on availability of certain funds until submission
of joint lexicon for terms related to
information operations.
Sec. 1525. Limitation on availability of funds pending submittal of
information operations strategy and posture
review.
Sec. 1526. Limitation on availability of certain funds until submission
of assessments relating to cybersecurity of
the defense industrial base.
Subtitle C--Personnel
Sec. 1531. Cyber operations-peculiar awards.
Sec. 1532. Establishment of Cyber Operations Designator and rating for
the Navy.
Sec. 1533. Total force generation for the Cyberspace Operations Forces.
Sec. 1534. Correcting cyber mission force readiness shortfalls.
Sec. 1535. Department of Defense Cyber and Digital Service Academy.
Sec. 1536. Report on recommendations from Navy Civilian Career Path
study.
Sec. 1537. Study to determine optimal strategy for structuring and
manning elements of Joint Force
Headquarters-Cyber Organizations, Joint
Mission Operations Centers, and Cyber
Operations-Integrated Planning Elements.
Sec. 1538. Manning review of Space Force cyber squadrons.
Sec. 1539. Independent review of posture and staffing levels of Office
of the Chief Information Officer.
Sec. 1540. Independent assessment of Civilian Cybersecurity Reserve for
Department of Defense.
Sec. 1541. Comprehensive review of Cyber Excepted Service.
Subtitle D--Reports and Other Matters
Sec. 1551. Pilot program for sharing cyber capabilities and related
information with foreign operational
partners.
Sec. 1552. Demonstration program for cyber and information technology
budget data analytics.
Sec. 1553. Plan for commercial cloud test and evaluation.
Sec. 1554. Roadmap and implementation plan for cyber adoption of
artificial intelligence.
Sec. 1555. Review of Department of Defense implementation of
recommendations from Defense Science Board
cyber report.
Sec. 1556. Annual briefing on relationship between National Security
Agency and United States Cyber Command.
Sec. 1557. Review of definitions associated with Cyberspace Operations
Forces.
Sec. 1558. Annual assessments and reports on assignment of certain
budget control responsibility to Commander
of United States Cyber Command.
Sec. 1559. Assessments of weapons systems vulnerabilities to radio-
frequency enabled cyber attacks.
Sec. 1560. Briefing on Department of Defense plan to deter and counter
adversaries in the information environment.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. Requirements for protection of satellites.
Sec. 1602. Strategy on protection of satellites.
Sec. 1603. Modification of reports on integration of acquisition and
capability delivery schedules for segments
of major satellite acquisitions programs
and funding for such programs.
Sec. 1604. Tactically responsive space capability.
Sec. 1605. Extension of annual report on Space Command and Control.
Sec. 1606. Allied responsive space capabilities.
Sec. 1607. Applied research and educational activities to support space
technology development.
Sec. 1608. Review of Space Development Agency exemption from Joint
Capabilities Integration and Development
System.
Sec. 1609. Update to plan to manage Integrated Tactical Warning and
Attack Assessment System and multi-domain
sensors.
Sec. 1610. Report on space debris.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Congressional oversight of clandestine activities that
support operational preparation of the
environment.
Subtitle C--Nuclear Forces
Sec. 1631. Biannual briefing on nuclear weapons and related activities.
Sec. 1632. Industrial base monitoring for B-21 and Sentinel programs.
Sec. 1633. Improvements to Nuclear Weapons Council.
Sec. 1634. Portfolio management framework for nuclear forces.
Sec. 1635. Extension of requirement to report on nuclear weapons
stockpile.
Sec. 1636. Modification and extension of annual assessment of cyber
resilience of nuclear command and control
system.
Sec. 1637. Modification of reports on Nuclear Posture Review
implementation.
Sec. 1638. Establishment of intercontinental ballistic missile site
activation task force for Sentinel program.
Sec. 1639. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1640. Plan for development of reentry vehicles.
Sec. 1641. Treatment of nuclear modernization and hypersonic missile
programs within Defense Priorities and
Allocations System.
Sec. 1642. Matters relating to nuclear-capable sea-launched cruise
missile.
Subtitle D--Missile Defense Programs
Sec. 1651. Biannual briefing on missile defense and related activities.
Sec. 1652. Improvements to acquisition accountability reports on the
ballistic missile defense system.
Sec. 1653. Making permanent prohibitions relating to missile defense
information and systems.
Sec. 1654. Next generation interceptors for missile defense of United
States homeland.
Sec. 1655. Termination of requirement to transition ballistic missile
defense programs to the military
departments.
Sec. 1656. Persistent cybersecurity operations for ballistic missile
defense systems and networks.
Sec. 1657. Fire control architectures.
Sec. 1658. Middle East integrated air and missile defense.
Sec. 1659. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-
development and co-production.
Sec. 1660. Integrated air and missile defense architecture for defense
of Guam.
Sec. 1661. Limitation on availability of certain funds until submission
of report on implementation of the cruise
missile defense architecture for the
homeland.
Sec. 1662. Strategy to use asymmetric capabilities to defeat hypersonic
missile threats.
Sec. 1663. Plan on delivering Shared Early Warning System data to
certain allies and partners of the United
States.
Sec. 1664. Reports on ground-based interceptors.
Sec. 1665. Report on missile defense interceptor site in contiguous
United States.
Subtitle E--Other Matters
Sec. 1671. Cooperative threat reduction funds.
Sec. 1672. Department of Defense support for requirements of the White
House Military Office.
Sec. 1673. Unidentified anomalous phenomena reporting procedures.
Sec. 1674. Study of weapons programs that allow Armed Forces to address
hard and deeply buried targets.
TITLE XVII--MUNITIONS REPLENISHMENT AND FUTURE PROCUREMENT
Sec. 1701. Annual report on industrial base constraints for munitions.
Sec. 1702. Modification to Special Defense Acquisition Fund.
Sec. 1703. Quarterly briefings on replenishment and revitalization of
weapons provided to Ukraine.
Sec. 1704. Assessment of requirements and acquisition objectives for
Patriot air and missile defense battalions.
Sec. 1705. Independent assessment of department of defense capability
and capacity needs for munitions production
and stockpiling.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2803. Effective date and automatic execution of conforming changes
to tables of sections, tables of contents,
and similar tabular entries.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Demolition of District of Columbia Fort McNair Quarters 4,
13, and 15.
Sec. 2105. Modification of authority to carry out fiscal year 2019
project at Camp Tango, Korea.
Sec. 2106. Extension and modification of authority to carry out certain
fiscal year 2018 projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out certain fiscal year 2018
project.
Sec. 2205. Transfer of customers from Navy electrical utility system at
former Naval Air Station Barber's Point,
Hawaii, to new electrical system in
Kalaeloa, Hawaii.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2018
projects.
Sec. 2305. Modification of authority to carry out certain fiscal year
2021 project.
Sec. 2306. Modification of authority to carry out certain military
construction projects at Tyndall Air Force
Base, Florida.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorized energy resilience and conservation investment
program projects.
Sec. 2403. Authorization of appropriations, defense agencies.
Sec. 2404. Extension of authority to carry out certain fiscal year 2018
projects.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Repeal of authorized approach to certain construction
project.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Corrections to authority to carry out certain fiscal year
2022 projects.
Sec. 2608. Extension of authority to carry out certain fiscal year 2018
projects.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through
Department of Defense Base Closure Account.
Sec. 2702. Authorization to fund certain demolition and removal
activities through Department of Defense
Base Closure Account.
Sec. 2703. Prohibition on conducting additional base realignment and
closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program
Sec. 2801. Temporary increase of amounts in connection with authority
to carry out unspecified minor military
construction.
Sec. 2802. Modification of annual locality adjustment of dollar
thresholds applicable to unspecified minor
military construction authorities.
Sec. 2803. Permanent authority for defense laboratory modernization
program.
Sec. 2804. Elimination of sunset of authority to conduct unspecified
minor military construction for lab
revitalization.
Sec. 2805. Military construction projects for innovation, research,
development, test, and evaluation.
Sec. 2806. Supervision of large military construction projects.
Sec. 2807. Specification of Assistant Secretary of Defense for Energy,
Installations, and Environment as Chief
Housing Officer.
Sec. 2808. Clarification of exceptions to limitations on cost
variations for military construction
projects and military family housing
projects.
Sec. 2809. Use of operation and maintenance funds for certain
construction projects outside the United
States.
Sec. 2810. Consideration of installation of integrated solar roofing to
improve energy resiliency of military
installations.
Sec. 2811. Revision of Unified Facilities Guide Specifications and
Unified Facilities Criteria to include
specifications on use of gas insulated
switchgear and criteria and specifications
on microgrids and microgrid converters.
Sec. 2812. Determination and notification relating to Executive orders
that impact cost and scope of work of
military construction projects.
Sec. 2813. Requirement for inclusion of Department of Defense Forms
1391 with annual budget submission by
President.
Sec. 2814. Use of integrated project delivery contracts.
Subtitle B--Military Housing Reforms
Sec. 2821. Standardization of military installation Housing
Requirements and Market Analyses.
Sec. 2822. Notice requirement for MHPI ground lease extensions.
Sec. 2823. Annual briefings on military housing privatization projects.
Sec. 2824. Mold inspection of vacant housing units.
Sec. 2825. Implementation of recommendations from audit of medical
conditions of residents in privatized
military housing.
Subtitle C--Real Property and Facilities Administration
Sec. 2831. Authorized land and facilities transfer to support contracts
with federally funded research and
development centers.
Sec. 2832. Limitation on use of funds pending completion of military
installation resilience component of master
plans for at-risk major military
installations.
Sec. 2833. Physical entrances to certain military installations.
Subtitle D--Land Conveyances
Sec. 2841. Extension of time frame for land conveyance, Sharpe Army
Depot, Lathrop, California.
Sec. 2842. Land conveyance, Joint Base Charleston, South Carolina.
Sec. 2843. Land conveyance, Naval Air Station Oceana, Dam Neck Annex,
Virginia Beach, Virginia.
Sec. 2844. Land exchange, Marine Reserve Training Center, Omaha,
Nebraska.
Sec. 2845. Land Conveyance, Starkville, Mississippi.
Subtitle E--Miscellaneous Studies and Reports
Sec. 2851. Study on practices with respect to development of military
construction projects.
Sec. 2852. Report on capacity of Department of Defense to provide
survivors of natural disasters with
emergency short-term housing.
Sec. 2853. Reporting on lead service lines and lead plumbing.
Sec. 2854. Briefing on attempts to acquire land near United States
military installations by the People's
Republic of China.
Subtitle F--Other Matters
Sec. 2861. Required consultation with State and local entities for
notifications related to the basing
decision-making process.
Sec. 2862. Inclusion in Defense Community Infrastructure Pilot Program
of certain projects for ROTC training.
Sec. 2863. Inclusion of infrastructure improvements identified in the
report on strategic seaports in Defense
Community Infrastructure Pilot Program.
Sec. 2864. Inclusion of certain property for purposes of defense
community infrastructure pilot program.
Sec. 2865. Expansion of pilot program on increased use of sustainable
building materials in military construction
to include locations throughout the United
States.
Sec. 2866. Basing decision scorecard consistency and transparency.
Sec. 2867. Temporary authority for acceptance and use of funds for
certain construction projects in the
Republic of Korea.
Sec. 2868. Repeal of requirement for Interagency Coordination Group of
Inspectors General for Guam Realignment.
Sec. 2869. Lease or use agreement for category 3 subterranean training
facility.
Sec. 2870. Limitation on use of funds for closure of combat readiness
training centers.
Sec. 2871. Required investments in improving child development centers.
Sec. 2872. Interagency Regional Coordinator for Resilience Pilot
Project.
Sec. 2873. Access to military installations for Homeland Security
Investigations personnel in Guam.
Sec. 2874. Prohibition on joint use of Homestead Air Reserve Base with
civil aviation.
Sec. 2875. Electrical charging capability construction requirements
relating to parking for Federal Government
motor vehicles.
TITLE XXIX--FALLON RANGE TRAINING COMPLEX
Subtitle A--Fallon Range Training Complex
Sec. 2901. Military land withdrawal for Fallon Range Training Complex.
Sec. 2902. Numu Newe Special Management Area.
Sec. 2903. National conservation areas.
Sec. 2904. Collaboration with State and county.
Sec. 2905. Wilderness areas in Churchill County, Nevada.
Sec. 2906. Release of wilderness study areas.
Sec. 2907. Land conveyances and exchanges.
Sec. 2908. Checkerboard resolution.
Subtitle B--Lander County Economic Development and Conservation
Sec. 2911. Definitions.
Part I--Lander County Public Purpose Land Conveyances
Sec. 2921. Definitions.
Sec. 2922. Conveyances to Lander County, Nevada.
Part II--Lander County Wilderness Areas
Sec. 2931. Definitions.
Sec. 2932. Designation of wilderness areas.
Sec. 2933. Release of wilderness study areas.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Requirements for specific request for new or modified
nuclear weapons.
Sec. 3112. Modifications to long-term plan for meeting national
security requirements for unencumbered
uranium.
Sec. 3113. Modification of minor construction threshold for plant
projects.
Sec. 3114. Update to plan for deactivation and decommissioning of
nonoperational defense nuclear facilities.
Sec. 3115. Use of alternative technologies to eliminate proliferation
threats at vulnerable sites.
Sec. 3116. Unavailability for overhead costs of amounts specified for
laboratory-directed research and
development.
Sec. 3117. Workforce enhancement for National Nuclear Security
Administration.
Sec. 3118. Modification of cost baselines for certain projects.
Sec. 3119. Purchase of real property options.
Sec. 3120. Prohibition on availability of funds to reconvert or retire
W76-2 warheads.
Sec. 3121. Acceleration of depleted uranium manufacturing processes.
Sec. 3122. Assistance by the National Nuclear Security Administration
to the Air Force for the development of the
Mark 21A fuse.
Sec. 3123. Determination of standardized indirect cost elements.
Sec. 3124. Certification of completion of milestones with respect to
plutonium pit aging.
Sec. 3125. National Nuclear Security Administration facility advanced
manufacturing development.
Sec. 3126. Authorization of workforce development and training
partnership programs within National
Nuclear Security Administration.
Subtitle C--Reports and Other Matters
Sec. 3131. Modification to certain reporting requirements.
Sec. 3132. Repeal of obsolete provisions of the Atomic Energy Defense
Act and other provisions.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Continuation of functions and powers during loss of quorum.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Subtitle A--Maritime Administration
Sec. 3501. Authorization of appropriations for the Maritime
Administration.
Sec. 3502. Secretary of Transportation responsibility with respect to
cargoes procured, furnished, or financed by
other Federal departments and agencies.
Subtitle B--Merchant Marine Academy
Sec. 3511. Exemption of certain students from requirement to obtain
merchant mariner license.
Sec. 3512. Board of Visitors.
Sec. 3513. Protection of cadets from sexual assault onboard vessels.
Sec. 3514. Service academy faculty parity of use of United States
Government works.
Sec. 3515. Reports on matters relating to the United States Merchant
Marine Academy.
Sec. 3516. Study on Capital Improvement Program at the USMMA.
Sec. 3517. Requirements relating to training of Merchant Marine Academy
cadets on certain vessels.
Subtitle C--Maritime Infrastructure
Sec. 3521. United States marine highway program.
Sec. 3522. Port infrastructure development grants.
Sec. 3523. Project selection criteria for port infrastructure
development program.
Sec. 3524. Infrastructure improvements identified in the report on
strategic seaports.
Sec. 3525. GAO review of Government efforts to promote growth and
modernization of United States Merchant
Fleet.
Sec. 3526. GAO review of Federal efforts to enhance port infrastructure
resiliency and disaster preparedness.
Sec. 3527. Study on foreign investment in shipping.
Sec. 3528. Report on alternate marine fuel bunkering facilities at
ports.
Sec. 3529. Study of cybersecurity and national security threats posed
by foreign manufactured cranes at United
States ports.
Subtitle D--Maritime Workforce
Sec. 3531. Improving Protections for Midshipmen.
Sec. 3532. Maritime Technical Advancement Act.
Sec. 3533. Ensuring diverse mariner recruitment.
Sec. 3534. Low emissions vessels training.
Subtitle E--Other Matters
Sec. 3541. Waiver of navigation and vessel inspection laws.
Sec. 3542. National maritime strategy.
Sec. 3543. Maritime Environmental and Technical Assistance Program.
Sec. 3544. Definition of qualified vessel.
Sec. 3545. Establishing a capital construction fund.
Sec. 3546. Recapitalization of National Defense Reserve Fleet.
Sec. 3547. Sense of Congress on Merchant Marine.
Sec. 3548. Analysis of effects of chemicals in stormwater runoff on
Pacific salmon and steelhead.
Sec. 3549. Report on effective vessel quieting measures.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy National Security Programs.
DIVISION E--NON-DEPARTMENT OF DEFENSE MATTERS
TITLE LI--VETERANS AFFAIRS MATTERS
Subtitle A--Advisory Committees
Sec. 5101. Annual report from Advisory Committee on Women Veterans.
Sec. 5102. Department of Veterans Affairs Advisory Committee on United
States Outlying Areas and Freely Associated
States.
Subtitle B--Studies and Reports
Sec. 5111. Secretary of Veterans Affairs study on dissemination of
information on Department of Veterans
Affairs home loan benefits.
Sec. 5112. GAO study on post-market surveillance of medical devices by
Department of Veterans Affairs.
Sec. 5113. Department of Veterans Affairs report on supportive services
and housing insecurity.
Sec. 5114. Report on handling of certain records of the Department of
Veterans Affairs.
Subtitle C--Other Matters
Sec. 5121. Improved application of employment and reemployment rights
of all members of uniformed services.
Sec. 5122. Competitive pay for health care providers of Department of
Veterans Affairs.
Sec. 5123. Definition of land use revenue under West Los Angeles
Leasing Act of 2016.
Sec. 5124. Technical corrections to Honoring our PACT Act of 2022.
Sec. 5125. Improving pilot program on acceptance by the Department of
Veterans Affairs of donated facilities and
related improvements.
Sec. 5126. Improvement of Vet Centers at Department of Veterans
Affairs.
Sec. 5127. Information on certain veterans with prior medical
occupations; program on intermediate care
technicians of Department of Veterans
Affairs.
TITLE LII--INSPECTOR GENERAL INDEPENDENCE AND EMPOWERMENT MATTERS
Subtitle A--Inspector General Independence
Sec. 5201. Short title.
Sec. 5202. Removal or transfer of Inspectors General; placement on non-
duty status.
Sec. 5203. Vacancy in position of Inspector General.
Sec. 5204. Office of Inspector General whistleblower complaints.
Subtitle B--Presidential Explanation of Failure to Nominate an
Inspector General
Sec. 5221. Presidential explanation of failure to nominate an Inspector
General.
Subtitle C--Integrity Committee of the Council of Inspectors General on
Integrity and Efficiency Transparency
Sec. 5231. Short title.
Sec. 5232. Additional information to be included in requests and
reports to Congress.
Sec. 5233. Availability of information to Congress on certain
allegations of wrongdoing closed without
referral.
Sec. 5234. Semiannual report.
Sec. 5235. Additional reports.
Sec. 5236. Requirement to report final disposition to Congress.
Sec. 5237. Investigations of Offices of Inspector General of
establishments by the Integrity Committee.
Subtitle D--Notice of Ongoing Investigations When There Is a Change in
Status of Inspector General
Sec. 5241. Notice of ongoing investigations when there is a change in
status of Inspector General.
Subtitle E--Council of the Inspectors General on Integrity and
Efficiency Report on Expenditures
Sec. 5251. CIGIE report on expenditures.
Subtitle F--Notice of Refusal to Provide Inspectors General Access
Sec. 5261. Notice of refusal to provide information or assistance to
Inspectors General.
Subtitle G--Training Resources for Inspectors General and Other Matters
Sec. 5271. Training resources for Inspectors General.
Sec. 5272. Definition of appropriate congressional committees.
Sec. 5273. Semiannual reports.
Sec. 5274. Submission of reports that specifically identify non-
governmental organizations or business
entities.
Sec. 5275. Review relating to vetting, processing, and resettlement of
evacuees from Afghanistan and the
Afghanistan special immigrant visa program.
TITLE LIII--OVERSIGHT AND REFORM MATTERS
Subtitle A--General Provisions
Sec. 5301. Access for Veterans to Records.
Sec. 5302. ONDCP supplemental strategies.
Sec. 5303. Performance Enhancement.
Sec. 5304. Appeals to merit systems protection board relating to FBI
reprisal allegations; salary of Special
Counsel.
Sec. 5305. Fairness for Federal firefighters.
Subtitle B--PLUM Act of 2022
Sec. 5321. Short title.
Sec. 5322. Establishment of public website on government policy and
supporting positions.
TITLE LIV--21ST CENTURY ASSISTIVE TECHNOLOGY ACT
Sec. 5401. Short title.
Sec. 5402. Reauthorization.
Sec. 5403. Effective date.
TITLE LV--FOREIGN AFFAIRS MATTERS
Subtitle A--Taiwan Enhanced Resilience Act
Sec. 5501. Short title.
Part 1--Implementation of an Enhanced Defense Partnership Between the
United States and Taiwan
Sec. 5502. Modernizing Taiwan's security capabilities to deter and, if
necessary, defeat aggression by the
People's Republic of China.
Sec. 5503. Increase in annual regional contingency stockpile additions
and support for Taiwan.
Sec. 5504. International military education and training cooperation
with Taiwan.
Sec. 5505. Additional authorities to support Taiwan.
Sec. 5506. Multi-year plan to fulfill defensive requirements of
military forces of Taiwan.
Sec. 5507. Fast-tracking sales to Taiwan under Foreign Military Sales
program.
Sec. 5508. Arms exports delivery solutions for Taiwan and United States
allies in the Indo-Pacific.
Sec. 5509. Assessment of Taiwan's needs for civilian defense and
resilience.
Sec. 5510. Annual report on Taiwan defensive military capabilities and
intelligence support.
Sec. 5511. Findings and statement of policy.
Sec. 5512. Sense of Congress on Taiwan defense relations.
Part 2--Countering People's Republic of China's Coercion and Influence
Campaigns
Sec. 5513. Strategy to respond to influence and information operations
targeting Taiwan.
Sec. 5514. Task force to counter economic coercion by the People's
Republic of China.
Sec. 5515. China censorship monitor and action group.
Part 3--Inclusion of Taiwan in International Organizations
Sec. 5516. Findings.
Sec. 5517. Sense of Congress on Taiwan's meaningful participation in
the international community.
Sec. 5518. Strategy to support Taiwan's meaningful participation in
international organizations.
Sec. 5519. Meaningful participation of Taiwan in the International
Civil Aviation Organization.
Part 4--Miscellaneous Provisions
Sec. 5520. Report on Taiwan Travel Act.
Sec. 5521. Amendments to the Taiwan Allies International Protection and
Enhancement Initiative (Taipei) Act of
2019.
Sec. 5522. Report on role of People's Republic of China's nuclear
threat in escalation dynamics.
Sec. 5523. Report analyzing the impact of Russia's war against Ukraine
on the objectives of the People's Republic
of China with respect to Taiwan.
Sec. 5524. Expanding United States-Taiwan development cooperation.
Sec. 5525. Sense of congress on expanding United States economic
relations with Taiwan.
Part 5--Supporting United States Educational and Exchange Programs With
Taiwan
Sec. 5526. Short title.
Sec. 5527. Findings.
Sec. 5528. Purposes.
Sec. 5529. Definitions.
Sec. 5530. Taiwan Fellowship Program.
Sec. 5531. Reports and audits.
Sec. 5532. Taiwan fellows on detail from government service.
Sec. 5533. Funding.
Sec. 5534. Study and report.
Sec. 5535. Supporting United States educational and exchange programs
with Taiwan.
Part 6--United States-Taiwan Public Health Protection
Sec. 5536. Short title.
Sec. 5537. Definitions.
Sec. 5538. Study on an infectious disease monitoring center.
Part 7--Rules of Construction
Sec. 5539. Rule of construction.
Sec. 5540. Rule of construction regarding the use of military force.
Subtitle B--United States-Ecuador Partnership Act of 2022
Sec. 5541. Short title.
Sec. 5542. Sense of Congress.
Sec. 5543. Facilitating economic and commercial ties.
Sec. 5544. Promoting inclusive economic development.
Sec. 5545. Combating illicit economies, corruption, and negative
foreign influence.
Sec. 5546. Strengthening democratic governance.
Sec. 5547. Fostering conservation and stewardship.
Sec. 5548. Authorization to transfer excess Coast Guard vessels.
Sec. 5549. Reporting requirements.
Sec. 5550. Sunset.
Subtitle C--FENTANYL Results Act
Sec. 5551. Short title.
Sec. 5552. Prioritization of efforts of the Department of State to
combat international trafficking in covered
synthetic drugs.
Sec. 5553. Program to provide assistance to build the capacity of
foreign law enforcement agencies with
respect to covered synthetic drugs.
Sec. 5554. Exchange program on demand reduction matters relating to
illicit use of covered synthetic drugs.
Sec. 5555. Amendments to international narcotics control program.
Sec. 5556. Sense of Congress.
Sec. 5557. Rule of construction.
Sec. 5558. Definitions.
Subtitle D--International Pandemic Preparedness
Sec. 5559. Short title.
Sec. 5560. Definitions.
Sec. 5561. Enhancing the United States' international response to
pandemics.
Sec. 5562. International pandemic prevention and preparedness.
Sec. 5563. Financial Intermediary Fund for Pandemic Prevention,
Preparedness, and Response.
Sec. 5564. General provisions.
Sec. 5565. Sunset.
Sec. 5566. Rule of construction.
Subtitle E--Burma Act of 2022
Sec. 5567. Short title.
Sec. 5568. Definitions.
Part 1--Matters Relating to the Conflict in Burma
Sec. 5569. Statement of policy.
Part 2--Sanctions and Policy Coordination With Respect to Burma
Sec. 5570. Definitions.
Sec. 5571. Imposition of sanctions with respect to human rights abuses
and perpetration of a coup in Burma.
Sec. 5572. Sanctions and policy coordination for Burma.
Sec. 5573. Support for greater United Nations action with respect to
Burma.
Sec. 5574. Sunset.
Part 3--Authorizations of Appropriations for Assistance for Burma
Sec. 5575. General authorization of appropriations.
Sec. 5576. Limitations.
Sec. 5577. Appropriate congressional committees defined.
Part 4--Efforts Against Human Rights Abuses
Sec. 5578. Authorization to provide technical assistance for efforts
against human rights abuses.
Part 5--Sanctions Exception Relating to Importation of Goods
Sec. 5579. Sanctions exception relating to importation of goods.
Subtitle F--Promotion of Freedom of Information and Countering of
Censorship and Surveillance in North Korea
Sec. 5580. Short title.
Sec. 5581. Findings; sense of Congress.
Sec. 5582. Statement of policy.
Sec. 5583. United States strategy to combat North Korea's repressive
information environment.
Sec. 5584. Promoting freedom of information and countering censorship
and surveillance in North Korea.
Subtitle G--Other Matters
Sec. 5585. Congressional notification for rewards paid using
cryptocurrencies.
Sec. 5586. Secure access to sanitation facilities for women and girls.
Sec. 5587. Reauthorization of the Tropical Forest and Coral Reef
Conservation Act of 1998.
Sec. 5588. Global Food Security Reauthorization Act of 2022.
Sec. 5589. Extension and modification of certain export controls.
Sec. 5590. Imposition of sanctions with respect to the sale, supply, or
transfer of gold to or from Russia.
Sec. 5591. Renegotiation of Compacts of Free Association.
Sec. 5592. Secretary of State assistance for prisoners in Islamic
Republic of Iran.
Sec. 5593. Iran Nuclear Weapons Capability and Terrorism Monitoring Act
of 2022.
Subtitle H--Reports
Sec. 5594. Modification to peacekeeping operations report.
Sec. 5595. Report on Indo-Pacific region.
Sec. 5596. Report on humanitarian situation and food security in
Lebanon.
Sec. 5597. Statement of policy and report on engaging with Niger.
Sec. 5598. Report on bilateral security and law enforcement cooperation
with Mexico.
Sec. 5599. Report on Chinese support to Russia with respect to its
unprovoked invasion of and full-scale war
against Ukraine.
Sec. 5599A. Feasibility study on United States support for and
participation in the international
counterterrorism academy in Cote d'Ivoire.
Sec. 5599B. Consultations on reuniting Korean Americans with family
members in North Korea.
Subtitle I--Sense of Congress Provisions
Sec. 5599C. Sense of Congress regarding the status of China.
Sec. 5599D. Sense of Congress regarding Israel.
Sec. 5599E. Sense of Congress relating to the NATO Parliamentary
Assembly.
Sec. 5599F. Condemning detention and indictment of Russian opposition
leader Vladimir Vladimirovich Kara-Murza.
Sec. 5599G. Sense of Congress regarding development of nuclear weapons
by Iran.
TITLE LVI--TRANSPORTATION AND INFRASTRUCTURE
Sec. 5601. Designation of small State and rural advocate.
Sec. 5602. Flexibility.
Sec. 5603. Preliminary damage assessment.
Sec. 5604. Letter of deviation authority.
Sec. 5605. Recognizing FEMA support.
TITLE LVII--FINANCIAL SERVICES MATTERS
Sec. 5701. United States policy on World Bank Group and Asian
Development Bank assistance to the People's
Republic of China.
Sec. 5702. Support for international initiatives to provide debt
restructuring or relief to developing
countries with unsustainable levels of
debt.
Sec. 5703. Ukraine debt payment relief.
Sec. 5704. Isolate Russian Government Officials Act of 2022.
Sec. 5705. Fair hiring in banking.
Sec. 5706. Banking Transparency for Sanctioned Persons Act of 2022.
Sec. 5707. Flexibility in addressing rural homelessness.
Sec. 5708. Master account and services database.
TITLE LVIII--FINANCIAL DATA TRANSPARENCY
Sec. 5801. Short title.
Subtitle A--Data Standards for Covered Agencies; Department of the
Treasury Rulemaking
Sec. 5811. Data standards.
Sec. 5812. Open data publication by the Department of the Treasury.
Sec. 5813. No new disclosure requirements.
Subtitle B--Securities and Exchange Commission
Sec. 5821. Data standards requirements for the Securities and Exchange
Commission.
Sec. 5822. Open data publication by the Securities and Exchange
Commission.
Sec. 5823. Data transparency relating to municipal securities.
Sec. 5824. Data transparency at national securities associations.
Sec. 5825. Shorter-term burden reduction and disclosure simplification
at the Securities and Exchange Commission;
sunset.
Sec. 5826. No new disclosure requirements.
Subtitle C--Federal Deposit Insurance Corporation
Sec. 5831. Data standards requirements for the Federal Deposit
Insurance Corporation.
Sec. 5832. Open data publication by the Federal Deposit Insurance
Corporation.
Sec. 5833. Rulemaking.
Sec. 5834. No new disclosure requirements.
Subtitle D--Office of the Comptroller of the Currency
Sec. 5841. Data standards and open data publication requirements for
the Office of the Comptroller of the
Currency.
Sec. 5842. Rulemaking.
Sec. 5843. No new disclosure requirements.
Subtitle E--Bureau of Consumer Financial Protection
Sec. 5851. Data standards and open data publication requirements for
the Bureau of Consumer Financial
Protection.
Sec. 5852. Rulemaking.
Sec. 5853. No new disclosure requirements.
Subtitle F--Federal Reserve System
Sec. 5861. Data standards requirements for the Board of Governors of
the Federal Reserve System.
Sec. 5862. Open data publication by the Board of Governors of the
Federal Reserve System.
Sec. 5863. Rulemaking.
Sec. 5864. No new disclosure requirements.
Subtitle G--National Credit Union Administration
Sec. 5871. Data standards.
Sec. 5872. Open data publication by the National Credit Union
Administration.
Sec. 5873. Rulemaking.
Sec. 5874. No new disclosure requirements.
Subtitle H--Federal Housing Finance Agency
Sec. 5881. Data standards requirements for the Federal Housing Finance
Agency.
Sec. 5882. Open data publication by the Federal Housing Finance Agency.
Sec. 5883. Rulemaking.
Sec. 5884. No new disclosure requirements.
Subtitle I--Miscellaneous
Sec. 5891. Rules of construction.
Sec. 5892. Classified and protected information.
Sec. 5893. Report.
TITLE LIX--OTHER MATTERS
Subtitle A--Judiciary Matters
Sec. 5901. Extension of admission to Guam or the Commonwealth of the
Northern Mariana Islands for certain
nonimmigrant H-2B workers.
Sec. 5902. Eligibility of Portuguese traders and investors for E-1 and
E-2 nonimmigrant visas.
Sec. 5903. Incentives for States to create sexual assault survivors'
bill of rights.
Sec. 5904. Extending the statute of limitations for certain money
laundering offenses.
Subtitle B--Science, Space, and Technology Matters
Sec. 5911. Financial assistance for construction of test beds and
specialized facilities.
Sec. 5912. Reports on arctic research, budget, and spending.
Sec. 5913. National research and development strategy for distributed
ledger technology.
Sec. 5914. Technical corrections.
Subtitle C--FedRamp Authorization Act
Sec. 5921. FedRAMP Authorization Act.
Subtitle D--Judicial Security and Privacy
Sec. 5931. Short title.
Sec. 5932. Findings and purpose.
Sec. 5933. Definitions.
Sec. 5934. Protecting covered information in public records.
Sec. 5935. Training and education.
Sec. 5936. Vulnerability management capability.
Sec. 5937. Rules of construction.
Sec. 5938. Severability.
Sec. 5939. Effective date.
Subtitle E--Other Matters
Sec. 5941. Secretary of Agriculture report on improving supply chain
shortfalls and infrastructure needs at
wholesale produce markets.
Sec. 5942. Extension of deadline for transfer of parcels of land in New
Mexico.
Sec. 5943. Ending global wildlife poaching and trafficking.
Sec. 5944. Cost-sharing requirements applicable to certain Bureau of
Reclamation dams and dikes.
Sec. 5945. Transfer of National Oceanic and Atmospheric Administration
property in Norfolk, Virginia.
Sec. 5946. Other matters.
Sec. 5947. Enhancing transparency on international agreements and non-
binding instruments.
Sec. 5948. Ukraine Invasion War Crimes Deterrence and Accountability
Act.
Sec. 5949. Prohibition on certain semiconductor products and services.
DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.
Sec. 6003. Explanatory statement.
TITLE LXI--INTELLIGENCE ACTIVITIES
Sec. 6101. Authorization of appropriations.
Sec. 6102. Classified Schedule of Authorizations.
Sec. 6103. Intelligence Community Management Account.
Sec. 6104. Restriction on conduct of intelligence activities.
Sec. 6105. Increase in employee compensation and benefits authorized by
law.
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM
Sec. 6201. Authorization of appropriations.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 6301. Modification of requirements for certain employment
activities by former intelligence officers
and employees.
Sec. 6302. Counterintelligence and national security protections for
intelligence community grant funding.
Sec. 6303. Extension of Central Intelligence Agency law enforcement
jurisdiction to facilities of Office of
Director of National Intelligence.
Sec. 6304. Annual reports on status of recommendations of Comptroller
General of the United States for the
Director of National Intelligence.
Sec. 6305. Timely submission of classified intelligence budget
justification materials.
Sec. 6306. Copyright protection for civilian faculty of the National
Intelligence University.
Sec. 6307. Modifications to Foreign Malign Influence Response Center.
Sec. 6308. Requirement to offer cyber protection support for personnel
of intelligence community in positions
highly vulnerable to cyber attack.
Sec. 6309. Enforcement of cybersecurity requirements for national
security systems.
Sec. 6310. Review and briefing on intelligence community activities
under Executive Order 12333.
Sec. 6311. Assessing intelligence community open-source support for
export controls and foreign investment
screening.
Sec. 6312. Annual training requirement and report regarding analytic
standards.
Sec. 6313. Review of Joint Intelligence Community Council.
Sec. 6314. Required policy for minimum insider threat standards.
Sec. 6315. Unfunded priorities of the intelligence community.
Sec. 6316. Submission of covered documents and classified annexes.
Sec. 6317. Improvements to program on recruitment and training.
Sec. 6318. Measures to mitigate counterintelligence threats from
proliferation and use of foreign commercial
spyware.
Sec. 6319. Personnel vetting performance measures.
Sec. 6320. Proactive cybersecurity.
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 6401. Modifications to responsibilities and authorities of
Director of National Intelligence.
Sec. 6402. Annual submission to Congress of National Intelligence
Priorities Framework.
Sec. 6403. Disposition of records of Office of the Director of National
Intelligence.
Subtitle B--Central Intelligence Agency
Sec. 6411. Clarification regarding protection of Central Intelligence
Agency functions.
Sec. 6412. Expansion of reporting requirements relating to authority to
pay personnel of Central Intelligence
Agency for certain injuries to the brain.
Sec. 6413. Historical Advisory Panel of Central Intelligence Agency.
Sec. 6414. Authority of Central Intelligence Agency to provide
protection for certain personnel.
Sec. 6415. Notification of use of certain expenditure authorities.
Sec. 6416. Office supporting Central Intelligence Agency workforce
wellbeing.
Subtitle C--Elements of the Defense Intelligence Enterprise
Sec. 6421. Inclusion of Space Force as element of intelligence
community.
Sec. 6422. Oversight of Defense Intelligence Agency culture.
Subtitle D--Other Elements
Sec. 6431. Modification of advisory board in National Reconnaissance
Office.
Sec. 6432. Establishment of advisory board for National Geospatial-
Intelligence Agency.
Sec. 6433. Elevation of the commercial and business operations office
of the National Geospatial-Intelligence
Agency.
Sec. 6435. Study on personnel under Strategic Intelligence Partnership
Program.
Sec. 6436. Briefing on coordination between intelligence community and
Bureau of Industry and Security.
TITLE LXV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Intelligence Matters Relating to the People's Republic of
China
Sec. 6501. Report on wealth and corrupt activities of the leadership of
the Chinese Communist Party.
Sec. 6502. Identification and threat assessment of companies with
investments by the People's Republic of
China.
Sec. 6503. Intelligence community working group for monitoring the
economic and technological capabilities of
the People's Republic of China.
Sec. 6504. Annual report on concentrated reeducation camps in the
Xinjiang Uyghur Autonomous Region of the
People's Republic of China.
Sec. 6505. Assessments of production of semiconductors by the People's
Republic of China.
Subtitle B--Miscellaneous Authorities, Requirements, and Limitations
Sec. 6511. Notice of deployment or transfer of containerized missile
systems by Russia, China, or Iran.
Sec. 6512. Intelligence community coordinator for Russian atrocities
accountability.
Sec. 6513. Lead intelligence community coordinator for countering and
neutralizing proliferation of Iran-origin
unmanned aircraft systems.
Sec. 6514. Collaboration between intelligence community and Department
of Commerce to counter foreign commercial
threats.
Sec. 6515. Intelligence assessment on foreign weaponization of
advertisement technology data.
Sec. 6516. Intelligence community assessment regarding Russian gray
zone assets.
Subtitle C--Reports and Other Matters
Sec. 6521. Report on assessing will to fight.
Sec. 6522. Report on threat from hypersonic weapons.
Sec. 6523. Report on ordnance of Russia and China.
Sec. 6524. Report on activities of China and Russia targeting Latin
America and the Caribbean.
Sec. 6525. Report on support provided by China to Russia.
Sec. 6526. Report on global CCP financing of port infrastructure.
Sec. 6527. Sense of Congress on provision of support by intelligence
community for atrocity prevention and
accountability.
TITLE LXVI--INTELLIGENCE COMMUNITY WORKFORCE MATTERS
Sec. 6601. Improving onboarding of personnel in intelligence community.
Sec. 6602. Report on legislative action required to implement Trusted
Workforce 2.0 initiative.
Sec. 6603. Inspector General of the Intelligence Community assessment
of administration of polygraphs in
intelligence community.
Sec. 6604. Timeliness in the administration of polygraphs.
Sec. 6605. Policy on submittal of applications for access to classified
information for certain personnel.
Sec. 6606. Technical correction regarding Federal policy on sharing of
covered insider threat information.
Sec. 6607. Inspector General of the Intelligence Community report on
use of space certified as sensitive
compartmented information facilities.
Sec. 6608. Improving prohibition of certain personnel practices in
intelligence community with respect to
contractor employees.
Sec. 6609. Definitions regarding whistleblower complaints and
information of urgent concern received by
inspectors general of the intelligence
community.
TITLE LXVII--MATTERS RELATING TO EMERGING TECHNOLOGIES
Subtitle A--General Matters
Sec. 6701. Definitions.
Sec. 6702. Additional responsibilities of Director of National
Intelligence for artificial intelligence
policies, standards, and guidance for the
intelligence community.
Sec. 6703. Director of Science and Technology.
Sec. 6704. Intelligence Community Chief Data Officer.
Subtitle B--Improvements Relating to Procurement
Sec. 6711. Additional transaction authority.
Sec. 6712. Implementation plan and advisability study for offices of
commercial integration.
Sec. 6713. Pilot program on designated emerging technology transition
projects.
Sec. 6714. Harmonization of authorizations to operate.
Sec. 6715. Plan to expand sensitive compartmented information facility
access by certain contractors; reports on
expansion of security clearances for
certain contractors.
Sec. 6716. Compliance by intelligence community with requirements of
Federal Acquisition Regulation relating to
commercially available off-the-shelf items
and commercial services.
Sec. 6717. Policy on required user adoption metrics in certain
contracts for artificial intelligence and
emerging technology software products.
Sec. 6718. Certification relating to information technology and
software systems.
Subtitle C--Reports
Sec. 6721. Reports on integration of artificial intelligence within
intelligence community.
Sec. 6722. Report on potential benefits of establishment of ICWERX.
Sec. 6723. Requirements and report on workforce needs of intelligence
community relating to science, technology,
engineering, and math, and related areas.
Subtitle D--Talent, Education, and Training
Sec. 6731. Report on establishment of technology acquisition cadre.
Sec. 6732. Emerging technology education and training.
Subtitle E--Other Matters
Sec. 6741. Improvements to use of commercial software products.
Sec. 6742. Code-free artificial intelligence enablement tools policy.
TITLE LXVIII--OTHER MATTERS
Sec. 6801. Improvements relating to continuity of Privacy and Civil
Liberties Oversight Board membership.
Sec. 6802. Modification of requirement for office to address
unidentified anomalous phenomena.
Sec. 6803. Comptroller General of the United States audits and
briefings on unidentified anomalous
phenomena historical record report.
Sec. 6804. Report on precursor chemicals used in the production of
synthetic opioids.
Sec. 6805. Assessment and report on mass migration in the Western
Hemisphere.
Sec. 6806. Report on international norms, rules, and principles
applicable in space.
Sec. 6807. Assessments of the effects of sanctions imposed with respect
to the Russian Federation's invasion of
Ukraine.
Sec. 6808. Assessment of impact of Russia's invasion of Ukraine on food
security.
Sec. 6809. Pilot program for Director of Federal Bureau of
Investigation to undertake an effort to
identify International Mobile Subscriber
Identity-catchers.
Sec. 6810. Department of State Bureau of Intelligence and Research
assessment of anomalous health incidents.
Sec. 6811. Repeal and modification of certain reporting and briefing
requirements.
Sec. 6812. Increased intelligence-related engineering, research, and
development capabilities of minority
institutions.
Sec. 6813. Reports on personnel vetting processes and progress under
Trusted Workforce 2.0 initiative.
Sec. 6814. Reports relating to programs of record of National
Geospatial-Intelligence Agency.
Sec. 6815. Plan regarding Social Media Data and Threat Analysis Center.
Sec. 6816. Report on use of publicly available social media information
in personnel vetting determinations.
Sec. 6817. Report on strengthening workforce diversity planning and
oversight.
Sec. 6818. Report on transition of National Reconnaissance Office to
digital engineering environment.
Sec. 6819. Briefing on Department of Homeland Security intelligence
activities.
Sec. 6820. Report on declassification efforts of Central Intelligence
Agency.
Sec. 6821. Report on National Space Intelligence Center.
Sec. 6822. Report on implementation of Executive Order 13556, regarding
controlled unclassified information.
Sec. 6823. National Museum of Intelligence and Special Operations.
Sec. 6824. Technical corrections.
DIVISION G--HOMELAND SECURITY
TITLE LXXI--HOMELAND SECURITY MATTERS
Subtitle A--Strengthening Security in Our Communities
Sec. 7101. Enhancements to funding and administration of Nonprofit
Security Grant Program of the Department of
Homeland Security.
Sec. 7102. Preservation of homeland security capabilities.
Sec. 7103. School and daycare protection.
Sec. 7104. Cybersecurity grants for schools.
Sec. 7105. Transnational Criminal Investigative Unit Stipend.
Sec. 7106. Chemical Security Analysis Center.
Subtitle B--Strengthening DHS Management, Policymaking, and Operations
Sec. 7111. Joint Task Forces of the Department of Homeland Security.
Sec. 7112. Homeland Procurement Reform Act.
Sec. 7113. Daily public report of covered contract awards.
Sec. 7114. Preference for United States industry.
Sec. 7115. Department of Homeland Security mentor-protege program.
Sec. 7116. DHS economic security council.
Subtitle C--Enhancing Cybersecurity Training and Operations
Sec. 7121. President's Cup Cybersecurity Competition.
Sec. 7122. Industrial control systems cybersecurity training.
Sec. 7123. National Computer Forensics Institute reauthorization.
Sec. 7124. Report on cybersecurity roles and responsibilities of the
Department of Homeland Security.
Subtitle D--Enhancing Transportation and Border Security Operations
Sec. 7131. TSA reaching across nationalities, societies, and languages
to advance traveler education.
Sec. 7132. One-stop pilot program.
Sec. 7133. Report on efforts of the Department of Homeland Security to
deter vehicular terrorist attacks (Darren
Drake).
Sec. 7134. DHS illicit cross-border tunnel defense.
Sec. 7135. Providing training for U.S. Customs and Border Protection
personnel on the use of containment devices
to prevent secondary exposure to fentanyl
and other potentially lethal substances.
Sec. 7136. Reports, evaluations, and research regarding drug
interdiction at and between ports of entry.
Subtitle E--Technical Corrections, Conforming Changes, and Improvements
Sec. 7141. Quadrennial homeland security review technical corrections.
Sec. 7142. Technical, conforming, and clerical amendments.
Sec. 7143. CISA technical corrections and improvements.
TITLE LXXII--GOVERNMENTAL AFFAIRS
Subtitle A--Intragovernmental Cybersecurity Information Sharing Act
Sec. 7201. Requirement for information sharing agreements.
Subtitle A--Improving Government for America's Taxpayers
Sec. 7211. Government Accountability Office unimplemented priority
recommendations.
Subtitle B--Advancing American AI Act
Sec. 7221. Short title.
Sec. 7222. Purposes.
Sec. 7223. Definitions.
Sec. 7224. Principles and policies for use of artificial intelligence
in Government.
Sec. 7225. Agency inventories and artificial intelligence use cases.
Sec. 7226. Rapid pilot, deployment and scale of applied artificial
intelligence capabilities to demonstrate
modernization activities related to use
cases.
Sec. 7227. Enabling entrepreneurs and agency missions.
Sec. 7228. Intelligence community exception.
Subtitle C--Strategic EV Management
Sec. 7231. Short Title.
Sec. 7232. Definitions.
Sec. 7233. Strategic guidance.
Sec. 7234. Study of Federal fleet vehicles.
Subtitle D--Congressionally Mandated Reports
Sec. 7241. Short title.
Sec. 7242. Definitions.
Sec. 7243. Establishment of online portal for congressionally mandated
reports.
Sec. 7244. Federal agency responsibilities.
Sec. 7245. Changing or removing reports.
Sec. 7246. Withholding of information.
Sec. 7247. Implementation.
Sec. 7248. Determination of budgetary effects.
TITLE LXXIII--TRANSPORTATION AND INFRASTRUCTURE MATTERS
Subtitle A--Global Catastrophic Risk Management Act of 2022
Sec. 7301. Short title.
Sec. 7302. Definitions.
Sec. 7303. Assessment of global catastrophic risk.
Sec. 7304. Report required.
Sec. 7305. Enhanced catastrophic incident annex.
Sec. 7306. Validation of the strategy through an exercise.
Sec. 7307. Recommendations.
Sec. 7308. Reporting requirements.
Sec. 7309. Rules of construction.
Subtitle B--Technological Hazards Preparedness and Training
Sec. 7311. Short title.
Sec. 7312. Definitions.
Sec. 7313. Assistance and training for communities with technological
hazards and related emerging threats.
Sec. 7314. Authorization of appropriations.
Sec. 7315. Savings provision.
Subtitle C--Other Matters
Sec. 7321. Crisis counseling assistance and training.
DIVISION H--WATER RESOURCES
TITLE LXXXI--WATER RESOURCES DEVELOPMENT ACT OF 2022
Sec. 8001. Short title; table of contents.
Sec. 8002. Secretary defined.
Subtitle A--General Provisions
Sec. 8101. Federal breakwaters and jetties.
Sec. 8102. Emergency response to natural disasters.
Sec. 8103. Shoreline and riverbank protection and restoration mission.
Sec. 8104. Floodplain management services.
Sec. 8105. Public recreational amenities in ecosystem restoration
projects.
Sec. 8106. Scope of feasibility studies.
Sec. 8107. Water supply conservation.
Sec. 8108. Managed aquifer recharge study and working group.
Sec. 8109. Updates to certain water control manuals.
Sec. 8110. National coastal mapping study.
Sec. 8111. Tribal partnership program.
Sec. 8112. Tribal Liaison.
Sec. 8113. Tribal assistance.
Sec. 8114. Cost sharing provisions for the territories and Indian
Tribes.
Sec. 8115. Tribal and Economically Disadvantaged Communities Advisory
Committee.
Sec. 8116. Workforce planning.
Sec. 8117. Corps of Engineers support for underserved communities;
outreach.
Sec. 8118. Pilot programs for certain communities.
Sec. 8119. Technical assistance.
Sec. 8120. Technical assistance for levee inspections.
Sec. 8121. Assessment of Corps of Engineers levees.
Sec. 8122. National low-head dam inventory.
Sec. 8123. Expediting hydropower at Corps of Engineers facilities.
Sec. 8124. Reserve component training at water resources development
projects.
Sec. 8125. Payment of pay and allowances of certain officers from
appropriation for improvements.
Sec. 8126. Maintenance dredging permits.
Sec. 8127. Environmental dredging.
Sec. 8128. Assessment of regional confined aquatic disposal facilities.
Sec. 8129. Studies for periodic nourishment.
Sec. 8130. Beneficial use of dredged material; management plans.
Sec. 8131. Criteria for funding operation and maintenance of small,
remote, and subsistence harbors.
Sec. 8132. Additional projects for underserved community harbors.
Sec. 8133. Inland waterways regional dredge pilot program.
Sec. 8134. NEPA reporting.
Sec. 8135. Funding to process permits.
Sec. 8136. Lease durations.
Sec. 8137. Reforestation.
Sec. 8138. Emergency streambank and shoreline protection.
Sec. 8139. Lease deviations.
Sec. 8140. Policy and technical standards.
Sec. 8141. Corps records relating to harmful algal blooms in Lake
Okeechobee, Florida.
Sec. 8142. Forecasting models for the Great Lakes.
Sec. 8143. Monitoring and assessment program for saline lakes in the
Great Basin.
Sec. 8144. Chattahoochee River program.
Sec. 8145. Lower Mississippi River Basin demonstration program.
Sec. 8146. Washington Aqueduct.
Sec. 8147. Water infrastructure public-private partnership pilot
program.
Sec. 8148. Advance payment in lieu of reimbursement for certain Federal
costs.
Sec. 8149. Use of other Federal funds.
Sec. 8150. Non-Federal Interest Advisory Committee.
Sec. 8151. Materials, services, and funds for repair, restoration, or
rehabilitation of certain public recreation
facilities.
Sec. 8152. Rehabilitation of pump stations.
Sec. 8153. Report to Congress on Corps of Engineers reservoirs.
Sec. 8154. Temporary relocation assistance pilot program.
Sec. 8155. Continuation of construction.
Sec. 8156. Federal interest determination.
Sec. 8157. Inland waterway projects.
Sec. 8158. Corps of Engineers Western Water Cooperative Committee.
Sec. 8159. Support of Army civil works missions.
Sec. 8160. Civil works research and development.
Sec. 8161. Sense of Congress on operations and maintenance of
recreation sites.
Sec. 8162. Sense of Congress relating to post-disaster repairs.
Subtitle B--Studies and Reports
Sec. 8201. Authorization of proposed feasibility studies.
Sec. 8202. Expedited completion.
Sec. 8203. Expedited modifications of existing feasibility studies.
Sec. 8204. Corps of Engineers reservoir sedimentation assessment.
Sec. 8205. Report and recommendations on dredge capacity.
Sec. 8206. Assessment of impacts from changing operation and
maintenance responsibilities.
Sec. 8207. Maintenance dredging data.
Sec. 8208. Western infrastructure study.
Sec. 8209. Recreation and economic development at Corps facilities in
Appalachia.
Sec. 8210. Ouachita River watershed, Arkansas and Louisiana.
Sec. 8211. Report on Santa Barbara streams, Lower Mission Creek,
California.
Sec. 8212. Disposition study on Salinas Dam and Reservoir, California.
Sec. 8213. Excess lands report for Whittier Narrows Dam, California.
Sec. 8214. Comprehensive central and southern Florida study.
Sec. 8215. Northern estuaries ecosystem restoration, Florida.
Sec. 8216. Study on shellfish habitat and seagrass, Florida Central
Gulf Coast.
Sec. 8217. Report on South Florida ecosystem restoration plan
implementation.
Sec. 8218. Great Lakes recreational boating.
Sec. 8219. Hydraulic evaluation of Upper Mississippi River and Illinois
River.
Sec. 8220. Disposition study on hydropower in the Willamette Valley,
Oregon.
Sec. 8221. Houston Ship Channel Expansion Channel Improvement Project,
Texas.
Sec. 8222. Sabine-Neches waterway navigation improvement project,
Texas.
Sec. 8223. Norfolk Harbor and Channels, Virginia.
Sec. 8224. Coastal Virginia, Virginia.
Sec. 8225. West Virginia hydropower.
Sec. 8226. Electronic preparation and submission of applications.
Sec. 8227. Investments for recreation areas.
Sec. 8228. Automated fee machines.
Sec. 8229. Review of recreational hazards.
Sec. 8230. Assessment of coastal flooding mitigation modeling and
testing capacity.
Sec. 8231. Report on socially and economically disadvantaged small
business concerns.
Sec. 8232. Report on solar energy opportunities.
Sec. 8233. Report to Congress on economic valuation of preservation of
open space, recreational areas, and habitat
associated with project lands.
Sec. 8234. Report on corrosion prevention activities.
Sec. 8235. Report to Congress on easements related to water resources
development projects.
Sec. 8236. GAO studies.
Sec. 8237. Assessment of forest, rangeland, and watershed restoration
services on lands owned by the Corps of
Engineers.
Subtitle C--Deauthorizations and Modifications
Sec. 8301. Deauthorization of inactive projects.
Sec. 8302. Watershed and river basin assessments.
Sec. 8303. Forecast-informed reservoir operations.
Sec. 8304. Lakes program.
Sec. 8305. Invasive species.
Sec. 8306. Maintenance of navigation channels.
Sec. 8307. Project reauthorizations.
Sec. 8308. Special rule for certain beach nourishment projects.
Sec. 8309. Columbia River Basin.
Sec. 8310. Evaluation of hydrologic changes in Souris River Basin.
Sec. 8311. Acequias irrigation systems.
Sec. 8312. Port of Nome, Alaska.
Sec. 8313. St. George, Alaska.
Sec. 8314. Unalaska (Dutch Harbor) Channels, Alaska.
Sec. 8315. Storm damage prevention and reduction, coastal erosion, and
ice and glacial damage, Alaska.
Sec. 8316. St. Francis Lake Control Structure.
Sec. 8317. South Platte River and Tributaries, Adams and Denver
Counties, Colorado.
Sec. 8318. Fruitvale Avenue Railroad Bridge, Alameda, California.
Sec. 8319. Los Angeles County, California.
Sec. 8320. Deauthorization of designated portions of the Los Angeles
County Drainage Area, California.
Sec. 8321. Murrieta Creek, California.
Sec. 8322. Sacramento River Basin, California.
Sec. 8323. San Diego River and Mission Bay, San Diego County,
California.
Sec. 8324. Additional assistance for Eastern Santa Clara Basin,
California.
Sec. 8325. San Francisco Bay, California.
Sec. 8326. South San Francisco Bay Shoreline, California.
Sec. 8327. Delaware shore protection and restoration.
Sec. 8328. St. Johns River Basin, Central and Southern Florida.
Sec. 8329. Little Pass, Clearwater Bay, Florida.
Sec. 8330. Comprehensive Everglades Restoration Plan, Florida.
Sec. 8331. Palm Beach Harbor, Florida.
Sec. 8332. Port Everglades, Florida.
Sec. 8333. South Florida Ecosystem Restoration Task Force.
Sec. 8334. New Savannah Bluff Lock and Dam, Georgia and South Carolina.
Sec. 8335. Little Wood River, Gooding, Idaho.
Sec. 8336. Chicago shoreline protection.
Sec. 8337. Great Lakes and Mississippi River Interbasin project,
Brandon Road, Will County, Illinois.
Sec. 8338. Southeast Des Moines, Southwest Pleasant Hill, Iowa.
Sec. 8339. City of El Dorado, Kansas.
Sec. 8340. Algiers Canal Levees, Louisiana.
Sec. 8341. Mississippi River Gulf Outlet, Louisiana.
Sec. 8342. Camp Ellis, Saco, Maine.
Sec. 8343. Lower Mississippi River comprehensive management study.
Sec. 8344. Upper Mississippi River protection.
Sec. 8345. Upper Mississippi River restoration program.
Sec. 8346. Water level management on the Upper Mississippi River and
Illinois Waterway.
Sec. 8347. Mississippi Delta Headwaters, Mississippi.
Sec. 8348. Sense of Congress relating to Okatibbee Lake, Mississippi.
Sec. 8349. Argentine, East Bottoms, Fairfax-Jersey Creek, and North
Kansas Levees units, Missouri River and
tributaries at Kansas Cities, Missouri and
Kansas.
Sec. 8350. Lower Missouri River streambank erosion control evaluation
and demonstration projects.
Sec. 8351. Missouri River interception-rearing complexes.
Sec. 8352. Missouri River mitigation project, Missouri, Kansas, Iowa,
and Nebraska.
Sec. 8353. Northern Missouri.
Sec. 8354. Israel River, Lancaster, New Hampshire.
Sec. 8355. Middle Rio Grande flood protection, Bernalillo to Belen, New
Mexico.
Sec. 8356. Ecosystem restoration, Hudson-Raritan Estuary, New York and
New Jersey.
Sec. 8357. Arkansas River corridor, Oklahoma.
Sec. 8358. Copan Lake, Oklahoma.
Sec. 8359. Southwestern Oregon.
Sec. 8360. Yaquina River, Oregon.
Sec. 8361. Lower Blackstone River, Rhode Island.
Sec. 8362. Charleston Harbor, South Carolina.
Sec. 8363. Colleton County, South Carolina.
Sec. 8364. Ensley levee, Tennessee.
Sec. 8365. Wolf River Harbor, Tennessee.
Sec. 8366. Addicks and Barker Reservoirs, Texas.
Sec. 8367. North Padre Island, Corpus Christi Bay, Texas.
Sec. 8368. Nueces County, Texas.
Sec. 8369. Lake Champlain Canal, Vermont and New York.
Sec. 8370. Rehabilitation of Corps of Engineers constructed dams.
Sec. 8371. Puget Sound nearshore ecosystem restoration, Washington.
Sec. 8372. Lower Mud River, Milton, West Virginia.
Sec. 8373. Northern West Virginia.
Sec. 8374. Southern West Virginia.
Sec. 8375. Environmental infrastructure.
Sec. 8376. Additional assistance for critical projects.
Sec. 8377. Conveyances.
Sec. 8378. Land transfer and trust land for Choctaw Nation of Oklahoma.
Sec. 8379. John P. Murtha Locks and Dam.
Sec. 8380. Treatment of certain benefits and costs.
Sec. 8381. Debris removal.
Sec. 8382. General reauthorizations.
Sec. 8383. Transfer of excess credit.
Sec. 8384. Treatment of credit between projects.
Sec. 8385. Non-Federal payment flexibility.
Sec. 8386. Coastal community flood control and other purposes.
Sec. 8387. National levee safety program.
Sec. 8388. Surplus water contracts and water storage agreements.
Sec. 8389. Water supply storage repair, rehabilitation, and replacement
costs.
Sec. 8390. Abandoned and inactive noncoal mine restoration.
Sec. 8391. Asian carp prevention and control pilot program.
Sec. 8392. Enhanced development program.
Sec. 8393. Recreational opportunities at certain projects.
Sec. 8394. Federal assistance.
Sec. 8395. Mississippi River mat sinking unit.
Sec. 8396. Sense of Congress on lease agreement.
Sec. 8397. Expedited completion of projects and studies.
Subtitle D--Water Resources Infrastructure
Sec. 8401. Project authorizations.
Sec. 8402. Special rules.
Sec. 8403. Facility investment.
TITLE LXXXV--CLEAN WATER
Sec. 8501. Regional water programs.
Sec. 8502. Nonpoint source management programs.
Sec. 8503. Wastewater assistance to colonias.
DIVISION I--DEPARTMENT OF STATE AUTHORIZATIONS
Sec. 9001. Short title.
Sec. 9002. Definitions.
TITLE XCI--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
Sec. 9101. Modernizing the Bureau of Arms Control, Verification, and
Compliance and the Bureau of International
Security and Nonproliferation.
Sec. 9102. Notification to Congress for United States nationals
unlawfully or wrongfully detained abroad.
Sec. 9103. Family Engagement Coordinator.
Sec. 9104. Rewards for Justice.
Sec. 9105. Ensuring geographic diversity and accessibility of passport
agencies.
Sec. 9106. Cultural Antiquities Task Force.
Sec. 9107. Office of Sanctions Coordination.
Sec. 9108. Sense of Congress and strategic plan regarding the
Department of State's Unit for Subnational
Diplomacy.
TITLE XCII--PERSONNEL ISSUES
Sec. 9201. Department of State paid Student Internship Program.
Sec. 9202. Improvements to the prevention of, and the response to,
harassment, discrimination, sexual assault,
and related retaliation.
Sec. 9203. Increasing the maximum amount authorized for science and
technology fellowship grants and
cooperative agreements.
Sec. 9204. Additional personnel to address backlogs in hiring and
investigations.
Sec. 9205. Foreign affairs training.
Sec. 9206. Facilitation and encouragement of training and professional
development for Foreign Service and Civil
Service personnel.
Sec. 9207. Security clearance approval process.
Sec. 9208. Addendum for study on foreign service allowances.
Sec. 9209. Curtailments, removals from post, and waivers of privileges
and immunities.
Sec. 9210. Report on worldwide availability.
Sec. 9211. Professional development.
Sec. 9212. Management assessments at diplomatic and consular posts.
Sec. 9213. Independent review of promotion policies.
Sec. 9214. Third party verification of permanent change of station
(PCS) orders.
Sec. 9215. Post-employment restrictions on Senate-confirmed officials
at the Department of State.
Sec. 9216. Expansion of authorities regarding special rules for certain
monthly workers' compensation payments and
other payments.
Sec. 9217. Report on pilot program for lateral entry into the Foreign
Service.
Sec. 9218. Report on changes to the Foreign Service Officer test.
Sec. 9219. Dignity for people with disabilities serving in the Foreign
Service.
Sec. 9220. Expanding scope of fellowship programs to include civil
servants.
TITLE XCIII--EMBASSY SECURITY AND CONSTRUCTION
Sec. 9301. Amendments to Secure Embassy Construction and
Counterterrorism Act of 1999.
Sec. 9302. Diplomatic support and security.
Sec. 9303. Establishment of United States embassies in Solomon Islands,
Kiribati, and Tonga and a diplomatic
presence in Vanuatu.
TITLE XCIV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
Sec. 9401. Report on barriers to applying for employment with the
Department of State.
Sec. 9402. Collection, analysis, and dissemination of workforce data.
Sec. 9403. Centers of Excellence in Foreign Affairs and Assistance.
Sec. 9404. Promoting transparency and accountability in the Department
of State workforce.
Sec. 9405. Rule of construction.
TITLE XCV--INFORMATION SECURITY AND CYBER DIPLOMACY
Sec. 9501. United States international cyberspace policy.
Sec. 9502. Bureau of Cyberspace and Digital Policy.
Sec. 9503. International cyberspace and digital policy strategy.
Sec. 9504. Government Accountability Office report on cyber diplomacy.
Sec. 9505. Report on diplomatic programs to detect and respond to cyber
threats against allies and partners.
Sec. 9506. Cybersecurity recruitment and retention.
Sec. 9507. Short course on emerging technologies for senior officials.
Sec. 9508. Establishment and expansion of Regional Technology Officer
Program.
Sec. 9509. Vulnerability disclosure policy and bug bounty program
report.
TITLE XCVI--PUBLIC DIPLOMACY
Sec. 9601. United States participation in international fairs and
expositions.
Sec. 9602. Under Secretary for Public Diplomacy and Public Affairs.
Sec. 9603. Report on public diplomacy.
Sec. 9604. Promoting peace, education, and cultural exchange through
music diplomacy.
TITLE XCVII--OTHER MATTERS
Sec. 9701. Supporting the employment of United States citizens by
international organizations.
Sec. 9702. Increasing housing availability for certain employees
assigned to the United States Mission to
the United Nations.
Sec. 9703. Limitation on United States contributions to peacekeeping
operations not authorized by the United
Nations Security Council.
Sec. 9704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia,
the Middle East Broadcasting Networks, and
the Open Technology Fund.
Sec. 9705. Broadcasting entities no longer required to consolidate into
a single private, nonprofit corporation.
Sec. 9706. International broadcasting activities.
Sec. 9707. Global internet freedom.
Sec. 9708. Arms Export Control Act alignment with the Export Control
Reform Act.
Sec. 9709. Increasing the maximum annual lease payment available
without approval by the Secretary.
Sec. 9710. Report on United States access to critical mineral resources
abroad.
Sec. 9711. Overseas United States strategic infrastructure development
projects.
Sec. 9712. Provision of parking services and retention of parking fees.
Sec. 9713. Diplomatic reception areas.
Sec. 9714. Return of supporting documents for passport applications
through United States Postal Service
certified mail.
Sec. 9715. Report on distribution of personnel and resources related to
ordered departures and post closures.
Sec. 9716. Elimination of obsolete reports.
Sec. 9717. Locality pay for Federal employees working overseas under
Domestic Employee Teleworking Overseas
agreements.
Sec. 9718. Report on countering the activities of malign actors.
TITLE XCVIII--EXTENSION OF AUTHORITIES
Sec. 9801. Diplomatic facilities.
Sec. 9802. Extension of existing authorities.
Sec. 9803. Commission on Reform and Modernization of the Department of
State.
DIVISION J--OCEANS AND ATMOSPHERE
Sec. 10000. Table of contents.
TITLE C--CORAL REEF CONSERVATION
Subtitle A--Reauthorization of Coral Reef Conservation Act of 2000
Sec. 10001. Reauthorization of Coral Reef Conservation Act of 2000.
Subtitle B--United States Coral Reef Task Force
Sec. 10011. Establishment.
Sec. 10012. Duties.
Sec. 10013. Membership.
Sec. 10014. Responsibilities of Federal agency members.
Sec. 10015. Working groups.
Sec. 10016. Definitions.
Subtitle C--Department of the Interior Coral Reef Authorities
Sec. 10021. Coral reef conservation and restoration assistance.
Subtitle D--Susan L. Williams National Coral Reef Management Fellowship
Sec. 10031. Susan L. Williams National Coral Reef Management
Fellowship.
TITLE CI--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE
GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
Sec. 10101. Purpose.
Sec. 10102. Definitions.
Sec. 10103. Workforce study.
Sec. 10104. Accelerating innovation at Cooperative Institutes.
Sec. 10105. Blue Economy valuation.
Sec. 10106. No additional funds authorized.
TITLE CII--REGIONAL OCEAN PARTNERSHIPS
Sec. 10201. Findings; purposes.
Sec. 10202. Regional Ocean Partnerships.
TITLE CIII--NATIONAL OCEAN EXPLORATION
Sec. 10301. Findings.
Sec. 10302. Definitions.
Sec. 10303. Ocean Policy Committee.
Sec. 10304. National Ocean Mapping, Exploration, and Characterization
Council.
Sec. 10305. Modifications to the ocean exploration program of the
National Oceanic and Atmospheric
Administration.
Sec. 10306. Repeal.
Sec. 10307. Modifications to ocean and coastal mapping program of the
National Oceanic and Atmospheric
Administration.
Sec. 10308. Modifications to Hydrographic Services Improvement Act of
1998.
TITLE CIV--MARINE MAMMAL RESEARCH AND RESPONSE
Sec. 10401. Data collection and dissemination.
Sec. 10402. Stranding or entanglement response agreements.
Sec. 10403. Unusual mortality event activity funding.
Sec. 10404. Liability.
Sec. 10405. National Marine Mammal Tissue Bank and tissue analysis.
Sec. 10406. Marine Mammal Rescue and Response Grant Program and Rapid
Response Fund.
Sec. 10407. Health MAP.
Sec. 10408. Reports to Congress.
Sec. 10409. Authorization of appropriations.
Sec. 10410. Definitions.
Sec. 10411. Study on marine mammal mortality.
TITLE CV--VOLCANIC ASH AND FUMES
Sec. 10501. Modifications to National Volcano Early Warning and
Monitoring System.
TITLE CVI--LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS
Sec. 10601. Learning excellence and good examples from new developers.
DIVISION K--DON YOUNG COAST GUARD AUTHORIZATION ACT OF 2022
Sec. 11001. Short title; table of contents.
Sec. 11002. Definitions.
Sec. 11003. Rule of construction.
TITLE CXI--AUTHORIZATIONS
Sec. 11101. Authorization of appropriations.
Sec. 11102. Authorized levels of military strength and training.
Sec. 11103. Authorization for certain programs and services.
Sec. 11104. Availability of amounts for acquisition of additional
vessels.
Sec. 11105. Shoreside infrastructure and facilities.
Sec. 11106. Coast Guard yard resilient infrastructure and construction
improvement.
TITLE CXII--COAST GUARD
Subtitle A--Infrastructure and Assets
Sec. 11201. Report on shoreside infrastructure and facilities projects.
Sec. 11202. Report and briefing on resourcing strategy for Western
Pacific region.
Sec. 11203. Study and report on national security and drug trafficking
threats in Florida Straits, Cuba, and
Caribbean region.
Sec. 11204. Coast Guard Yard.
Sec. 11205. Authority to enter into transactions other than contracts
and grants to procure cost-effective
technology for mission needs.
Sec. 11206. Improvements to infrastructure and operations planning.
Sec. 11207. Aqua alert notification system pilot program.
Sec. 11208. Pilot project for enhancing Coast Guard cutter readiness
through condition-based maintenance.
Sec. 11209. Study on laydown of Coast Guard Cutters.
Sec. 11210. Acquisition life-cycle cost estimates.
Sec. 11211. Disposition of infrastructure related to E-LORAN.
Subtitle B--Great Lakes
Sec. 11212. Great Lakes winter commerce.
Sec. 11213. Database on icebreaking operations in Great Lakes.
Sec. 11214. Center of expertise for Great Lakes oil spill search and
response.
Sec. 11215. Great Lakes snowmobile acquisition plan.
Sec. 11216. Great Lakes barge inspection exemption.
Sec. 11217. Study on sufficiency of Coast Guard aviation assets to meet
mission demands.
Subtitle C--Arctic
Sec. 11218. Establishment of medium icebreaker program office.
Sec. 11219. Arctic activities.
Sec. 11220. Study on Arctic operations and infrastructure.
Sec. 11221. Pribilof Island transition completion actions.
Sec. 11222. Report on shipyards of Finland and Sweden.
Sec. 11223. Acquisition of icebreaker.
Subtitle D--Maritime Cyber and Artificial Intelligence
Sec. 11224. Enhancing maritime cybersecurity.
Sec. 11225. Establishment of unmanned system program and autonomous
control and computer vision technology
project.
Sec. 11226. Artificial intelligence strategy.
Sec. 11227. Review of artificial intelligence applications and
establishment of performance metrics.
Sec. 11228. Cyber data management.
Sec. 11229. Data management.
Sec. 11230. Study on cyber threats to United States marine
transportation system.
Subtitle E--Aviation
Sec. 11231. Space-available travel on Coast Guard aircraft: program
authorization and eligible recipients.
Sec. 11232. Report on Coast Guard Air Station Barbers Point hangar.
Sec. 11233. Study on operational availability of Coast Guard aircraft
and strategy for Coast Guard Aviation.
Subtitle F--Workforce Readiness
Sec. 11234. Authorized strength.
Sec. 11235. Continuation of officers with certain critical skills on
active duty.
Sec. 11236. Number and distribution of officers on active duty
promotion list.
Sec. 11237. Career incentive pay for marine inspectors.
Sec. 11238. Expansion of ability for selection board to recommend
officers of particular merit for promotion.
Sec. 11239. Modification to education loan repayment program.
Sec. 11240. Retirement of Vice Commandant.
Sec. 11241. Report on resignation and retirement processing times and
denial.
Sec. 11242. Calculation of active service.
Sec. 11243. Physical Disability Evaluation System procedure review.
Sec. 11244. Expansion of authority for multirater assessments of
certain personnel.
Sec. 11245. Promotion parity.
Sec. 11246. Partnership program to diversify Coast Guard.
Sec. 11247. Expansion of Coast Guard Junior Reserve Officers' Training
Corps.
Sec. 11248. Improving representation of women and racial and ethnic
minorities among Coast Guard active-duty
members.
Sec. 11249. Strategy to enhance diversity through recruitment and
accession.
Sec. 11250. Support for Coast Guard Academy.
Sec. 11251. Training for congressional affairs personnel.
Sec. 11252. Strategy for retention of cuttermen.
Sec. 11253. Study on performance of Coast Guard Force Readiness
Command.
Sec. 11254. Study on frequency of weapons training for Coast Guard
personnel.
Subtitle G--Miscellaneous Provisions
Sec. 11255. Modification of prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
Sec. 11256. Budgeting of Coast Guard relating to certain operations.
Sec. 11257. Report on San Diego maritime domain awareness.
Sec. 11258. Conveyance of Coast Guard vessels for public purposes.
Sec. 11259. National Coast Guard Museum funding plan.
Sec. 11260. Report on Coast Guard explosive ordnance disposal.
Sec. 11261. Transfer and conveyance.
Sec. 11262. Transparency and oversight.
Sec. 11263. Study on safety inspection program for containers and
facilities.
Sec. 11264. Operational data sharing capability.
Sec. 11265. Feasibility study on construction of Coast Guard station at
Port Mansfield.
Sec. 11266. Procurement of tethered aerostat radar system for Coast
Guard Station South Padre Island.
Sec. 11267. Prohibition on major acquisition contracts with entities
associated with Chinese Communist Party.
Sec. 11268. Review of drug interdiction equipment and standards;
testing for fentanyl during interdiction
operations.
Sec. 11269. Public availability of information on monthly migrant
interdictions.
Sec. 11270. Cargo waiting time reduction.
Sec. 11271. Study on Coast Guard oversight and investigations.
Subtitle H--Sexual Assault and Sexual Harassment Response and
Prevention
Sec. 11272. Administration of sexual assault forensic examination kits.
Sec. 11273. Policy on requests for permanent changes of station or unit
transfers by persons who report being the
victim of sexual assault.
Sec. 11274. Sex offenses and personnel records.
Sec. 11275. Study on Special Victims' Counsel program.
TITLE CXIII--ENVIRONMENT
Subtitle A--Marine Mammals
Sec. 11301. Definitions.
Sec. 11302. Assistance to ports to reduce impacts of vessel traffic and
port operations on marine mammals.
Sec. 11303. Near real-time monitoring and mitigation program for large
cetaceans.
Sec. 11304. Pilot program to establish a Cetacean Desk for Puget Sound
region.
Sec. 11305. Monitoring ocean soundscapes.
Subtitle B--Oil Spills
Sec. 11306. Report on changing salvors.
Sec. 11307. Limited indemnity provisions in standby oil spill response
contracts.
Sec. 11308. Improving oil spill preparedness.
Sec. 11309. Western Alaska oil spill planning criteria.
Sec. 11310. Coast Guard claims processing costs.
Sec. 11311. Calculation of interest on debt owed to national pollution
fund.
Sec. 11312. Per-incident limitation.
Sec. 11313. Access to Oil Spill Liability Trust Fund.
Sec. 11314. Cost-reimbursable agreements.
Sec. 11315. Oil spill response review.
Sec. 11316. Additional exceptions to regulations for towing vessels.
Sec. 11317. Port Coordination Council for Point Spencer.
Subtitle C--Environmental Compliance
Sec. 11318. Providing requirements for vessels anchored in established
anchorage grounds.
Sec. 11319. Study on impacts on shipping and commercial, Tribal, and
recreational fisheries from development of
renewable energy on West Coast.
Sec. 11320. Use of devices broadcasting on AIS for purposes of marking
fishing gear.
Subtitle D--Environmental Issues
Sec. 11321. Notification of communication outages.
Sec. 11322. Improvements to communication with fishing industry and
related stakeholders.
Sec. 11323. Advance notification of military or other exercises.
Sec. 11324. Modifications to Sport Fish Restoration and Boating Trust
Fund administration.
Sec. 11325. Load lines.
Sec. 11326. Actions by National Marine Fisheries Service to increase
energy production.
Sec. 11327. Aquatic Nuisance Species Task Force.
Sec. 11328. Safety standards.
Subtitle E--Illegal Fishing and Forced Labor Prevention
Sec. 11329. Definitions.
Chapter 1--Combating Human Trafficking Through Seafood Import
Monitoring
Sec. 11330. Enhancement of Seafood Import Monitoring Program Message
Set in Automated Commercial Environment
system.
Sec. 11331. Data sharing and aggregation.
Sec. 11332. Import audits.
Sec. 11333. Availability of fisheries information.
Sec. 11334. Report on Seafood Import Monitoring Program.
Sec. 11335. Authorization of appropriations.
Chapter 2--Strengthening International Fisheries Management To Combat
Human Trafficking
Sec. 11336. Denial of port privileges.
Sec. 11337. Identification and certification criteria.
Sec. 11338. Equivalent conservation measures.
Sec. 11339. Capacity building in foreign fisheries.
Sec. 11340. Training of United States observers.
Sec. 11341. Regulations.
TITLE CXIV--SUPPORT FOR COAST GUARD WORKFORCE
Subtitle A--Support for Coast Guard Members and Families
Sec. 11401. Coast Guard child care improvements.
Sec. 11402. Armed Forces access to Coast Guard child development
services.
Sec. 11403. Cadet pregnancy policy improvements.
Sec. 11404. Combat-related special compensation.
Sec. 11405. Study on food security.
Subtitle B--Healthcare
Sec. 11406. Development of medical staffing standards for Coast Guard.
Sec. 11407. Healthcare system review and strategic plan.
Sec. 11408. Data collection and access to care.
Sec. 11409. Behavioral health policy.
Sec. 11410. Members asserting post-traumatic stress disorder or
traumatic brain injury.
Sec. 11411. Improvements to Physical Disability Evaluation System and
transition program.
Sec. 11412. Expansion of access to counseling.
Sec. 11413. Expansion of postgraduate opportunities for members of
Coast Guard in medical and related fields.
Sec. 11414. Study on Coast Guard medical facilities needs.
Sec. 11415. Study on Coast Guard telemedicine program.
Subtitle C--Housing
Sec. 11416. Study on Coast Guard housing access, cost, and challenges.
Sec. 11417. Audit of certain military housing conditions of enlisted
members of Coast Guard in Key West,
Florida.
Sec. 11418. Study on Coast Guard housing authorities and privatized
housing.
Sec. 11419. Strategy to improve quality of life at remote units.
Subtitle D--Other Matters
Sec. 11420. Report on availability of emergency supplies for Coast
Guard personnel.
Sec. 11421. Fleet mix analysis and shore infrastructure investment
plan.
TITLE CXV--MARITIME
Subtitle A--Vessel Safety
Sec. 11501. Responses to safety recommendations.
Sec. 11502. Requirements for DUKW amphibious passenger vessels.
Sec. 11503. Exoneration and limitation of liability for small passenger
vessels.
Sec. 11504. At-sea recovery operations pilot program.
Sec. 11505. Historic wood sailing vessels.
Sec. 11506. Certificates of numbers for undocumented vessels.
Sec. 11507. Comptroller General review and report on Coast Guard
oversight of third-party organizations.
Sec. 11508. Articulated tug-barge manning.
Sec. 11509. Fishing vessel safety.
Sec. 11510. Exemptions for certain passenger vessels.
Subtitle B--Merchant Mariner Credentialing
Sec. 11511. Modernizing merchant mariner credentialing system.
Sec. 11512. Assessment regarding application process for merchant
mariner credentials.
Sec. 11513. GAO report.
Sec. 11514. Military to Mariners Act of 2022.
Sec. 11515. Definitions.
Subtitle C--Other Matters
Sec. 11516. Nonoperating individual.
Sec. 11517. Oceanographic research vessels.
Sec. 11518. Port access routes briefing.
Sec. 11519. Definition of stateless vessel.
Sec. 11520. Limitation on recovery for certain injuries incurred in
aquaculture activities.
Sec. 11521. Report on securing vessels and cargo.
Sec. 11522. Report on enforcement of coastwise laws.
Sec. 11523. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 11524. Prohibition on entry and operation.
Sec. 11525. Floating dry docks.
Sec. 11526. Updated requirements for fishing crew agreements.
TITLE CXVI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND
RESPONSE
Sec. 11601. Definitions.
Sec. 11602. Convicted sex offender as grounds for denial.
Sec. 11603. Sexual harassment or sexual assault as grounds for
suspension or revocation.
Sec. 11604. Accommodation; notices.
Sec. 11605. Protection against discrimination.
Sec. 11606. Alcohol at sea.
Sec. 11607. Surveillance requirements.
Sec. 11608. Master key control.
Sec. 11609. Requirement to report sexual assault and harassment.
Sec. 11610. Safety management system.
Sec. 11611. Reports to Congress.
TITLE CXVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A--National Oceanic and Atmospheric Administration
Commissioned Officer Corps
Sec. 11701. Definitions.
Sec. 11702. Requirement for appointments.
Sec. 11703. Repeal of requirement to promote ensigns after 3 years of
service.
Sec. 11704. Authority to provide awards and decorations.
Sec. 11705. Retirement and separation.
Sec. 11706. Improving professional mariner staffing.
Sec. 11707. Legal assistance.
Sec. 11708. Acquisition of aircraft for agency air, atmosphere, and
weather reconnaissance and research
mission.
Sec. 11709. Report on professional mariner staffing models.
Subtitle B--Other Matters
Sec. 11710. Conveyance of certain property of National Oceanic and
Atmospheric Administration in Juneau,
Alaska.
TITLE CXVIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 11801. Terms and vacancies.
Sec. 11802. Passenger vessel security and safety requirements.
Sec. 11803. Technical corrections.
Sec. 11804. Transportation worker identification credential technical
amendments.
Sec. 11805. Reinstatement.
Sec. 11806. Determination of budgetary effects.
Sec. 11807. Technical amendment.
Sec. 11808. Lighthouse service amendments.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10, United
States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, jointly submitted for printing in the
Congressional Record by the Chairmen of the House and Senate Budget
Committees, provided that such statement has been submitted prior to
the vote on passage in the House acting first on the conference report
or amendment between the Houses.
SEC. 5. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the House
section of the Congressional Record on or about December 7, 2022, by
the Chairman of the Committee on Armed Services of the House of
Representatives and the Chairman of the Committee on Armed Services of
the Senate, shall have the same effect with respect to the
implementation of this Act as if it were a joint explanatory statement
of a committee of conference.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Limitations on production of Extended Range Cannon Artillery
howitzers.
Subtitle C--Navy Programs
Sec. 121. Requirements relating to EA-18G aircraft of the Navy.
Sec. 122. Navy shipbuilding workforce development special incentive.
Sec. 123. Extension of prohibition on availability of funds for Navy
port waterborne security barriers.
Sec. 124. Limitation on authority to modify capabilities and fleet
configuration of E-6B aircraft.
Sec. 125. Multiyear procurement authority for Arleigh Burke class
destroyers.
Sec. 126. Procurement authority for Ship-to-Shore Connector program.
Sec. 127. Procurement authority for CH-53K heavy lift helicopter
program.
Sec. 128. Procurement authorities for John Lewis-class fleet
replenishment oiler ships.
Sec. 129. Procurement authorities for certain amphibious shipbuilding
programs.
Sec. 130. Contracts for design and construction of the DDG(X) destroyer
program.
Sec. 131. Tomahawk and Standard Missile-6 capability on FFG-62 class
vessels.
Sec. 132. Report on advance procurement for CVN-82 and CVN-83.
Sec. 133. Quarterly briefings on the CH-53K King Stallion helicopter
program.
Subtitle D--Air Force Programs
Sec. 141. Modification of inventory requirements for aircraft of the
combat air forces.
Sec. 142. Inventory and other requirements relating to air refueling
tanker aircraft.
Sec. 143. Requirements relating to F-22 aircraft.
Sec. 144. Modification of exception to prohibition on certain
reductions to B-1 bomber aircraft
squadrons.
Sec. 145. Repeal of Air Force E-8C force presentation requirement.
Sec. 146. Minimum inventory of C-130 aircraft.
Sec. 147. Prohibition on availability of funds for retirement of C-40
aircraft.
Sec. 148. Prohibition on availability of funds for termination of
production lines for HH-60W aircraft.
Sec. 149. Prohibition on certain reductions to inventory of E-3
airborne warning and control system
aircraft.
Sec. 150. Limitation on divestment of F-15 aircraft.
Sec. 151. Authority to procure upgraded ejection seats for certain T-
38A aircraft.
Sec. 152. Procurement authority for digital mission operations platform
for the Space Force.
Sec. 153. Digital transformation commercial software acquisition.
Sec. 154. Requirements study and strategy for the combat search and
rescue mission of the Air Force.
Sec. 155. Plan for transfer of KC-135 aircraft to the Air National
Guard.
Sec. 156. Annual reports on T-7A Advanced Pilot Training System.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 161. Increase in Air Force and Navy use of used commercial dual-
use parts in certain aircraft and engines.
Sec. 162. Assessment and strategy for fielding capabilities to counter
threats posed by unmanned aerial system
swarms.
Sec. 163. Assessment and report on military rotary wing aircraft
industrial base.
Sec. 164. Comptroller General audit of efforts to modernize the
propulsion, power, and thermal management
systems of F-35 aircraft.
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2023
for procurement for the Army, the Navy and the Marine Corps, the Air
Force and the Space Force, and Defense-wide activities, as specified in
the funding table in section 4101.
Subtitle B--Army Programs
SEC. 111. LIMITATIONS ON PRODUCTION OF EXTENDED RANGE CANNON ARTILLERY
HOWITZERS.
(a) Limitations.--In carrying out the acquisition of Extended Range
Cannon Artillery howitzers, the Secretary of the Army shall--
(1) limit production of prototype Extended Range Cannon
Artillery howitzers to not more than 20;
(2) compare the cost and value to the United States
Government of a Paladin Integrated Management-modification
production approach with a new-build production approach;
(3) include in any cost analysis or comparison--
(A) the monetary value of a Paladin howitzer that
may be modified to produce an Extended Range Cannon
Artillery howitzer; and
(B) the monetary value of leveraging government-
owned infrastructure to facilitate the modification;
(4) use a full and open competitive approach using best
value criteria for post-prototype production source selection;
and
(5) base any production strategy and source selection
decisions on a full understanding of the cost of production,
including--
(A) the comparison of production approaches
described in paragraph (2); and
(B) any cost analysis or comparison described in
paragraph (3).
(b) Certification.--Before issuing a request for proposal for the
post-prototype production of an Extended Range Cannon Artillery
howitzer, the Secretary of the Army shall--
(1) certify to the congressional defense committees that
the acquisition strategy upon which the request for proposal is
based complies with the requirements of subsection (a); and
(2) provide to the congressional defense committees a
briefing on that acquisition strategy and the relevant cost and
value comparison described in subsection (a)(2).
(c) Inclusion of Certain Information in Budget Materials.--The
Secretary of the Army shall ensure that the cost of procuring Paladin
howitzers to be modified for post-prototype production of Extended
Range Cannon Artillery howitzers is included--
(1) in the materials relating to the Extended Range Cannon
Artillery program submitted in support of the budget of the
President (as submitted to Congress under section 1105(a) of
title 31, United States Code) for each fiscal year in which
such program is carried out; and
(2) in any budget briefings concerning such program.
Subtitle C--Navy Programs
SEC. 121. REQUIREMENTS RELATING TO EA-18G AIRCRAFT OF THE NAVY.
(a) Limitations and Minimum Inventory Requirements.--Section 8062
of title 10, United States Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f)(1)(A) During the period beginning on the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2023 and ending on September 30, 2027, the Secretary of the Navy may
not--
``(i) retire an EA-18G aircraft;
``(ii) reduce funding for unit personnel or
weapon system sustainment activities for EA-18G
aircraft in a manner that presumes future
congressional authority to divest such
aircraft;
``(iii) place an EA-18G aircraft in active
storage status or inactive storage status; or
``(iv) keep an EA-18G aircraft in a status
considered excess to the requirements of the
possessing command and awaiting disposition
instructions.
``(B) The prohibition under subparagraph (A) shall not
apply to individual EA-18G aircraft that the Secretary of the
Navy determines, on a case-by-case basis, to be no longer
mission capable and uneconomical to repair because of aircraft
accidents or mishaps.
``(2)(A) The Secretary of the Navy shall maintain a total aircraft
inventory of EA-18G aircraft of not less than 158 aircraft, of which
not less than 126 aircraft shall be coded as primary mission aircraft
inventory.
``(B) The Secretary of the Navy may reduce the number of EA-18G
aircraft in the inventory of the Navy below the minimum number
specified in subparagraph (A) if the Secretary determines, on a case-
by-case basis, that an aircraft is no longer mission capable and
uneconomical to repair because of aircraft accidents or mishaps.
``(C) In this paragraph, the term `primary mission aircraft
inventory' means aircraft assigned to meet the primary aircraft
authorization--
``(i) to a unit for the performance of its wartime mission;
``(ii) to a training unit for technical and specialized
training for crew personnel or leading to aircrew
qualification;
``(iii) to a test unit for testing of the aircraft or its
components for purposes of research, development, test, and
evaluation, operational test and evaluation, or to support
testing programs; or
``(iv) to meet requirements for missions not otherwise
specified in clauses (i) through (iii).''.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Navy and the Secretary of
the Air Force shall jointly submit to the congressional defense
committees a report that includes a strategy and execution plan for
continuously and effectively meeting the airborne electronic attack
training and combat requirements of the joint force. At a minimum, the
strategy and execution plan shall provide for--
(1) the integration and utilization of both reserve and
active duty component forces and resources within the
Department of the Navy and the Department of the Air Force; and
(2) the establishment or continuation of one or more joint
service expeditionary, land-based electronic attack squadrons
that equal or exceed the capacity and capability of such
squadrons in effect as of the date of the enactment of this
Act.
SEC. 122. NAVY SHIPBUILDING WORKFORCE DEVELOPMENT SPECIAL INCENTIVE.
(a) In General.--Chapter 863 of title 10, United States Code, is
amended by adding at the end the following new section:
``SEC. 8696. NAVY SHIPBUILDING WORKFORCE DEVELOPMENT SPECIAL INCENTIVE.
``(a) Requirement.--
``(1) In general.--The Secretary of the Navy shall include
in any solicitation for a covered contract a special incentive
for workforce development that funds one or more workforce
development activities described in subsection (c).
``(2) Amount of special incentive.--The amount of a special
incentive required under subsection (a)(1) shall be equal to
not less than one quarter of one percent and not more than one
percent of the estimated cost of the covered contract.
``(3) Waiver.--
``(A) In general.--The Secretary of the Navy may
waive one or more of the requirements of this section
if the Secretary determines--
``(i) unreasonable cost or delay would be
incurred by complying with such requirements;
``(ii) existing workforce development
initiatives are sufficient to meet workforce
needs;
``(iii) there are minimal workforce
development issues to be addressed; or
``(iv) it is not in the national security
interests of the United States to comply with
such requirements.
``(B) Notice to congress.--Not less than 30 days
prior to issuing a waiver under subparagraph (A), the
Secretary of the Navy shall submit to the congressional
defense committees written notice of the intent of the
Secretary to issue such a waiver. Such notice shall
specify the basis for such waiver and include a
detailed explanation of the reasons for issuing the
waiver.
``(b) Matching Contribution Requirement.--
``(1) In general.--Funds for a special incentive for
workforce development required under subsection (a)(1) may be
expended only--
``(A) on or after the date on which the service
acquisition executive of the Navy receives a written
commitment from one or more entities described in
paragraph (2) of separate and distinct cumulative
monetary contributions to be made on or after the date
of such commitment for workforce development; and
``(B) in an amount that is equal to the aggregate
amount of all monetary contributions from entities that
made commitments under subparagraph (A) not to exceed
the amount of funding made available for the special
incentive under subsection (a)(2).
``(2) Entities described.--The entities described in this
paragraph are the following:
``(A) The prime contractor that was awarded a
covered contract.
``(B) A qualified subcontractor.
``(C) A State government or other State entity.
``(D) A county government or other county entity.
``(E) A local government or other local entity.
``(F) An industry association, organization, or
consortium that directly supports workforce
development.
``(3) Special rule.--In a case in which the aggregate
amount of all monetary contributions from entities that made
commitments under paragraph (1)(A) is less than the minimum
amount specified for the special incentive under subsection
(a)(2), funds for the special incentive may be expended in an
amount equal to such lesser amount.
``(c) Authorized Activities.--
``(1) In general.--Funds for a special incentive for
workforce development required under subsection (a)(1) may be
obligated or expended only to provide for the activities
described in paragraph (2) in support of the production and
production support workforce of the prime contractor concerned
or a qualified subcontractor concerned.
``(2) Activities described.--The activities described in
this paragraph are the following:
``(A) The creation of short- and long-term
workforce housing, transportation, and other support
services to facilitate attraction, relocation, and
retention of workers.
``(B) The expansion of local talent pipeline
programs for both new and existing workers.
``(C) Investments in long-term outreach in middle
school and high school programs, specifically career
and technical education programs, to promote and
develop manufacturing skills.
``(D) The development or modification of facilities
for the primary purpose of workforce development.
``(E) Payment of direct costs attributable to
workforce development.
``(F) Attraction and retention bonus programs.
``(G) On-the-job training to develop key
manufacturing skills.
``(d) Approval Requirement.--The service acquisition executive of
the Navy shall--
``(1) provide the final approval of the use of funds for a
special incentive for workforce development required under
subsection (a)(1); and
``(2) not later than 30 days after the date on which such
approval is provided, certify to the congressional defense
committees compliance with the requirements of subsections (b)
and (c), including--
``(A) a detailed explanation of such compliance;
and
``(B) the associated benefits to--
``(i) the Federal Government; and
``(ii) the shipbuilding industrial base of
the Navy.
``(e) Definitions.--In this section:
``(1) The term `covered contract' means a prime contract
for the construction of a naval vessel funded using amounts
appropriated or otherwise made available for Shipbuilding and
Conversion, Navy.
``(2) The term `qualified subcontractor' means a
subcontractor that will deliver the vessel or vessels awarded
under a covered contract to the Navy.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 863 of such title is amended by adding at the end the following
new item:
``8696. Navy shipbuilding workforce development special incentive.''.
(c) Applicability.--Section 8696 of title 10, United States Code,
as added by subsection (a), shall apply with respect to--
(1) a solicitation for a covered contract (as defined in
subsection (e) of that section) made on or after June 1, 2023;
and
(2) a solicitation or award of a covered contract, if
otherwise determined appropriate by the Secretary of the Navy.
SEC. 123. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR NAVY
PORT WATERBORNE SECURITY BARRIERS.
(a) In General.--Subsection (a) of section 130 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 1665), as most recently amended by section 122
of the National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81; 135 Stat. 1570), is further amended by striking ``for
fiscal years 2019, 2020, 2021, or 2022'' and inserting ``for any of
fiscal years 2019 through 2023''.
(b) Technical Amendment.--Subsection (b)(4) of such section is
amended by striking ``section 2304'' and inserting ``sections 3201
through 3205''.
SEC. 124. LIMITATION ON AUTHORITY TO MODIFY CAPABILITIES AND FLEET
CONFIGURATION OF E-6B AIRCRAFT.
(a) Limitation.--Until the date on which the certification
described in subsection (b) is submitted to the congressional defense
committees, the Secretary of the Navy--
(1) may not retire, or prepare to retire, any E-6B
aircraft;
(2) shall maintain the fleet of E-6B aircraft in the
configuration in effect as of the date of the enactment of this
Act; and
(3) shall ensure that E-6B aircraft continue to meet the
operational requirements of the combatant commands that are met
by such aircraft as of the date of the enactment of this Act.
(b) Certification Described.--The certification described in this
subsection is a written certification from the Chair of the Joint
Requirements Oversight Council indicating that the replacement
capability for the E-6B aircraft--
(1) will be fielded at the same time or before the
retirement of the first E-6B aircraft; and
(2) at the time such replacement capability achieves
initial operational capability, will have the ability to meet
the operational requirements of the combatant commands that
have been, or that are expected to be, assigned to such
replacement capability.
(c) Exception.--The requirements of subsection (a) shall not apply
to an individual E-6B aircraft otherwise required to be maintained by
that subsection if the Secretary of the Navy determines, on a case-by-
case basis, that such aircraft is no longer mission capable due to a
mishap or other damage.
SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH BURKE CLASS
DESTROYERS.
(a) Authority for Multiyear Procurement.--Subject to section 3501
of title 10, United States Code, the Secretary of the Navy may enter
into one or more multiyear contracts for the procurement of up to 15
Arleigh Burke class Flight III guided missile destroyers.
(b) Authority for Advance Procurement.--The Secretary of the Navy
may enter into one or more contracts, beginning in fiscal year 2023,
for advance procurement associated with the destroyers for which
authorization to enter into a multiyear procurement contract is
provided under subsection (a), and for systems and subsystems
associated with such destroyers in economic order quantities when cost
savings are achievable.
(c) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2023 is subject to the availability of appropriations
or funds for that purpose for such later fiscal year.
(d) Mandatory Inclusion of Pre-priced Option in Certain
Circumstances.--
(1) In general.--In the event the total base quantity of
destroyers to be procured through all contracts entered into
under subsection (a) is less than 15, the Secretary of the Navy
shall ensure that one or more of the contracts includes a pre-
priced option for the procurement of additional destroyers such
that the sum of such base quantity and the number of destroyers
that may be procured through the exercise of such options is
equal to 15 destroyers.
(2) Definitions.--In this subsection:
(A) The term ``base quantity'' means the quantity
of destroyers to be procured under a contract entered
into under subsection (a) excluding any quantity of
destroyers that may be procured through the exercise of
an option that may be part of such contract.
(B) The term ``pre-priced option'' means a contract
option for a contract entered into under subsection (a)
that, if exercised, would allow the Secretary of the
Navy to procure a destroyer at a predetermined price
specified in such contract.
(e) Limitation.--The Secretary of the Navy may not modify a
contract entered into under subsection (a) if the modification would
increase the target price of the destroyer by more than 10 percent
above the target price specified in the original contract for the
destroyer under subsection (a).
SEC. 126. PROCUREMENT AUTHORITY FOR SHIP-TO-SHORE CONNECTOR PROGRAM.
(a) Contract Authority.--Beginning in fiscal year 2023, the
Secretary of the Navy may enter into one or more contracts for the
procurement of up to 25 Ship-to-Shore Connector class craft and
associated material.
(b) Liability.--Any contract entered into under subsection (a)
shall provide that--
(1) any obligation of the United States to make a payment
under the contract is subject to the availability of
appropriations for that purpose; and
(2) the total liability of the Federal Government for
termination of the contract shall be limited to the total
amount of funding obligated to the contract at the time of
termination.
(c) Certification Required.--A contract may not be entered into
under subsection (a) unless the Secretary of the Navy certifies to the
congressional defense committees, in writing, not later than 30 days
before entry into the contract, each of the following, which shall be
prepared by the milestone decision authority for the Ship-to-Shore
Connector program:
(1) The use of such a contract is consistent with the Chief
of Naval Operations' projected force structure requirements for
Ship-to-Shore Connector class craft.
(2) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying out
the program through annual contracts. In certifying cost
savings under the preceding sentence, the Secretary shall
include a written explanation of--
(A) the estimated end cost and appropriated funds
by fiscal year, by craft, without the authority
provided in subsection (a);
(B) the estimated end cost and appropriated funds
by fiscal year, by craft, with the authority provided
in subsection (a);
(C) the estimated cost savings or increase by
fiscal year, by craft, with the authority provided in
subsection (a);
(D) the discrete actions that will accomplish such
cost savings or avoidance; and
(E) the contractual actions that will ensure the
estimated cost savings are realized.
(3) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of the Navy will
request funding for the contract at the level required to avoid
contract cancellation.
(4) There is a stable design for the property to be
acquired and the technical risks associated with such property
are not excessive.
(5) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a contract
authorized under subsection (a) are realistic, including a
description of the basis for such estimates.
(6) The use of such a contract will promote the national
security of the United States.
(7) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the
contract in such fiscal year.
(d) Milestone Decision Authority Defined.--In this section, the
term ``milestone decision authority'' has the meaning given that term
in section 4251(d) of title 10, United States Code.
SEC. 127. PROCUREMENT AUTHORITY FOR CH-53K HEAVY LIFT HELICOPTER
PROGRAM.
(a) Contract Authority.--During fiscal years 2023 and 2024, the
Secretary of the Navy may enter into one or more fixed-price contracts
for the procurement of airframes and engines in support of the CH-53K
heavy lift helicopter program (in this section referred to as the
``program'').
(b) Liability.--Any contract entered into under subsection (a)
shall provide that--
(1) any obligation of the United States to make a payment
under the contract is subject to the availability of
appropriations for that purpose; and
(2) the total liability of the Federal Government for
termination of the contract shall be limited to the total
amount of funding obligated to the contract at the time of
termination.
(c) Certification Required.--A contract may not be entered into
under subsection (a) unless the Secretary of Defense certifies to the
congressional defense committees, in writing, not later than 30 days
before entry into the contract, each of the following, which shall be
prepared by the milestone decision authority (as defined in section
4251(d) of title 10, United States Code) for the program:
(1) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying out
the program through annual contracts. In certifying cost
savings under the preceding sentence, the Secretary shall
include a written explanation of--
(A) the estimated obligations and expenditures by
fiscal year for the program without the authority
provided in subsection (a);
(B) the estimated obligations and expenditures by
fiscal year for the program with the authority provided
in subsection (a);
(C) the estimated cost savings or increase by
fiscal year for the program with the authority provided
in subsection (a);
(D) the discrete actions that will accomplish such
cost savings or avoidance; and
(E) the contractual actions that will ensure the
estimated cost savings are realized.
(2) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of Defense will
request funding for the contract at the level required to avoid
contract cancellation.
(3) There is a stable design for the property to be
acquired and the technical risks associated with such property
are not excessive.
(4) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a contract
authorized under subsection (a) are realistic.
(5) The use of such a contract will promote the national
security of the United States.
(6) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the
contract in such fiscal year, and the future-years defense
program submitted to Congress under section 221 of title 10,
United States Code, for such fiscal year will include the
funding required to execute the program without cancellation.
SEC. 128. PROCUREMENT AUTHORITIES FOR JOHN LEWIS-CLASS FLEET
REPLENISHMENT OILER SHIPS.
(a) Contract Authority.--
(1) Procurement authorized.--During fiscal years 2023 and
2024, the Secretary of the Navy may enter into one or more
contracts for the procurement of not more than eight John
Lewis-class fleet replenishment oiler ships.
(2) Procurement in conjunction with existing contracts.--
The ships authorized to be procured under paragraph (1) may be
procured as additions to existing contracts covering the John
Lewis-class fleet replenishment oiler ship program.
(b) Certification Required.--A contract may not be entered into
under subsection (a) unless the Secretary of the Navy certifies to the
congressional defense committees, in writing, not later than 30 days
before entry into the contract, each of the following, which shall be
prepared by the milestone decision authority for the John Lewis-class
fleet replenishment oiler ship program:
(1) The use of such a contract is consistent with the
Department of the Navy's projected force structure requirements
for such ships.
(2) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying out
the program through annual contracts. In certifying cost
savings under the preceding sentence, the Secretary shall
include a written explanation of--
(A) the estimated end cost and appropriated funds
by fiscal year, by hull, without the authority provided
in subsection (a);
(B) the estimated end cost and appropriated funds
by fiscal year, by hull, with the authority provided in
subsection (a);
(C) the estimated cost savings or increase by
fiscal year, by hull, with the authority provided in
subsection (a);
(D) the discrete actions that will accomplish such
cost savings or avoidance; and
(E) the contractual actions that will ensure the
estimated cost savings are realized.
(3) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of the Navy will
request funding for the contract at the level required to avoid
contract cancellation.
(4) There is a stable design for the property to be
acquired and the technical risks associated with such property
are not excessive.
(5) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a contract
authorized under subsection (a) are realistic.
(6) The use of such a contract will promote the national
security of the United States.
(7) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the
contract in such fiscal year, and the future-years defense
program (as defined under section 221 of title 10, United
States Code) for such fiscal year will include the funding
required to execute the program without cancellation.
(c) Authority for Advance Procurement.--The Secretary of the Navy
may enter into one or more contracts for advance procurement associated
with a ship or ships for which authorization to enter into a contract
is provided under subsection (a), and for systems and subsystems
associated with such ships in economic order quantities when cost
savings are achievable.
(d) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year is
subject to the availability of appropriations for that purpose for such
fiscal year.
(e) Milestone Decision Authority Defined.--In this section, the
term ``milestone decision authority'' has the meaning given that term
in section 4251(d) of title 10, United States Code.
SEC. 129. PROCUREMENT AUTHORITIES FOR CERTAIN AMPHIBIOUS SHIPBUILDING
PROGRAMS.
(a) Contract Authority.--
(1) Procurement authorized.--The Secretary of the Navy may
enter into one or more contracts for the procurement of up to
five covered ships.
(2) Procurement in conjunction with existing contracts.--
The ships authorized to be procured under paragraph (1) may be
procured as additions to existing contracts covering programs
for covered ships.
(b) Certification Required.--A contract may not be entered into
under subsection (a) unless the Secretary of the Navy certifies to the
congressional defense committees, in writing, not later than 30 days
before entry into the contract, each of the following, which shall be
prepared by the milestone decision authority for the covered ship
program concerned:
(1) The use of such a contract is consistent with the
Commandant of the Marine Corps' projected force structure
requirements for amphibious ships.
(2) The use of such a contract will result in savings
compared to the total anticipated costs of carrying out the
program through annual contracts. In certifying cost savings
under the preceding sentence, the Secretary shall include a
written explanation of--
(A) the estimated end cost and appropriated funds
by fiscal year, by hull, without the authority provided
in subsection (a);
(B) the estimated end cost and appropriated funds
by fiscal year, by hull, with the authority provided in
subsection (a);
(C) the estimated cost savings or increase by
fiscal year, by hull, with the authority provided in
subsection (a); and
(D) the contractual actions that will ensure the
estimated cost savings are realized.
(3) The Secretary of the Navy has a reasonable expectation
that throughout the contemplated contract period funding will
be available for the contract at the level required to avoid
contract cancellation.
(4) There is a stable design for the property to be
acquired and the technical risks associated with such property
are not excessive.
(5) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a contract
authorized under subsection (a) are realistic.
(6) The use of such a contract will promote the national
security of the United States.
(7) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the
contract in such fiscal year.
(c) Authority for Advance Procurement.--The Secretary of the Navy
may enter into one or more contracts for advance procurement associated
with a ship or ships for which authorization to enter into a contract
is provided under subsection (a), and for systems and subsystems
associated with such ships in economic order quantities when cost
savings are achievable.
(d) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year is
subject to the availability of appropriations for that purpose for such
fiscal year.
(e) Termination.--The authority of the Secretary of the Navy to
enter into contracts under subsection (a) shall terminate on September
30, 2026.
(f) Definitions.--In this section:
(1) The term ``covered ship'' means a San Antonio-class or
America-class ship.
(2) The term ``milestone decision authority'' has the
meaning given that term in section 4251(d) of title 10, United
States Code.
SEC. 130. CONTRACTS FOR DESIGN AND CONSTRUCTION OF THE DDG(X) DESTROYER
PROGRAM.
(a) In General.--If the milestone decision authority of the covered
program elects to use source selection procedures for the detailed
design and construction of the covered program other than those
specified in section 3201 of title 10, United States Code, the
Secretary of the Navy--
(1) with respect to prime contracts for concept design,
preliminary design, and contract design for the covered
program--
(A) shall award such contracts to eligible
shipbuilders; and
(B) may award such contracts to other contractors;
(2) shall award prime contracts for detailed design and
construction for the covered program only to eligible
shipbuilders; and
(3) shall allocate only one vessel in the covered program
to each eligible shipbuilder that is awarded a prime contract
under paragraph (2).
(b) Collaboration Requirement.--The Secretary of the Navy shall
maximize collaboration among the Federal Government and eligible
shipbuilders throughout the design and development phases of the
covered program, including--
(1) using a common design tool; and
(2) sharing production lessons learned.
(c) Competitive Incentive Requirement.--The Secretary of the Navy
shall provide for competitive incentives for eligible shipbuilders and
other contractors throughout the design, development, and production
phases of the covered program, including the following:
(1) Allocation of design labor hours, provided that no
eligible shipbuilder has fewer than 30 percent of aggregate
design labor hours for any phase of vessel design for the
covered program.
(2) Allocation of the lead ship in the covered program.
(3) To the maximum extent practicable, competitive
solicitations for vessel procurement under the covered program.
(d) Technology Maturation Requirements.--The Secretary of the Navy
shall incorporate into the acquisition strategy of the covered program
the requirements of the following:
(1) Section 131 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1237).
(2) Section 221 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1599).
(e) Transition Requirement.--The Secretary of the Navy shall ensure
that the transition from the Arleigh Burke-class destroyer program to
the covered program maintains predictable production workload for
eligible shipbuilders.
(f) Definitions.--In this section:
(1) The term ``covered program'' means the program of the
Department of the Navy to procure DDG(X) destroyer class
vessels.
(2) The term ``eligible shipbuilder'' means a prime
contractor designated by the milestone decision authority to
perform detailed design and construction of the covered
program.
(3) The term ``milestone decision authority'' has the
meaning given in section 4211 of title 10, United States Code.
SEC. 131. TOMAHAWK AND STANDARD MISSILE-6 CAPABILITY ON FFG-62 CLASS
VESSELS.
Before the first deployment of the vessel designated FFG-63 and
that of each successive vessel in the FFG-62 class, the Secretary of
the Navy shall ensure that such vessel is capable of carrying and
employing Tomahawk and Standard Missile-6 missiles.
SEC. 132. REPORT ON ADVANCE PROCUREMENT FOR CVN-82 AND CVN-83.
(a) Report.--Not later than March 1, 2023, the Secretary of the
Navy shall submit to the congressional defense committees a report on
the plan of the Navy for advance procurement for the aircraft carriers
designated CVN-82 and CVN-83.
(b) Elements.--The report required by subsection (a) shall include
an assessment of--
(1) the value, cost, and feasibility of a two-year advance
procurement period under a single-carrier acquisition strategy;
(2) the value, cost, and feasibility of a three-year
advance procurement period under a single-carrier acquisition
strategy;
(3) the value, cost, and feasibility of a two-year advance
procurement period under a two-carrier acquisition strategy;
(4) the value, cost, and feasibility of a three-year
advance procurement period under a two-carrier acquisition
strategy; and
(5) the effect of a two-carrier acquisition strategy on
force development and fleet capability.
(c) Definitions.--In this section:
(1) The term ``single-carrier acquisition strategy'' means
a strategy for the procurement of the aircraft carriers
designated CVN-82 and CVN-83 pursuant to which each aircraft
carrier is procured separately under a different contract.
(2) The term ``two-carrier acquisition strategy'' means a
strategy for the procurement of the aircraft carriers
designated CVN-82 and CVN-83 pursuant to which both aircraft
carriers are procured together under one contract.
SEC. 133. QUARTERLY BRIEFINGS ON THE CH-53K KING STALLION HELICOPTER
PROGRAM.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, and on a quarterly basis thereafter through the
end of fiscal year 2024, the Secretary of the Navy shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the progress of the CH-53K King Stallion
helicopter program.
(b) Elements.--Each briefing under subsection (a) shall include,
with respect to the CH-53K King Stallion helicopter program, the
following:
(1) An overview of the program schedule.
(2) A statement of the total cost of the program as of the
date of the briefing, including the cost of development,
testing, and production.
(3) A comparison of the total cost of the program relative
to the original acquisition program baseline and the most
recently approved acquisition program baseline as of the date
of the briefing.
(4) An assessment of the flight testing that remains to be
conducted under the program, including any testing required for
validation of correction of technical deficiencies.
(5) An update on the status of the correction of technical
deficiencies under the program and any effects on the program
schedule resulting from the discovery and correction of such
deficiencies.
(c) Conforming Repeal.--Section 132 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1238) is repealed.
Subtitle D--Air Force Programs
SEC. 141. MODIFICATION OF INVENTORY REQUIREMENTS FOR AIRCRAFT OF THE
COMBAT AIR FORCES.
(a) Total Fighter Aircraft Inventory Requirements.--Section
9062(i)(1) of title 10, United States Code, is amended by striking
``1,970'' and inserting ``1,800''.
(b) A-10 Minimum Inventory Requirements.--
(1) Section 134(d) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2038)
is amended by striking ``171'' and inserting ``153''.
(2) Section 142(b)(2) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 755 ) is
amended by striking ``171'' and inserting ``153''.
(c) Modification of Limitation on Availability of Funds for
Destruction of A-10 Aircraft in Storage Status.--Section 135(a) of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat. 2039) is amended by striking ``the report required
under section 134(e)(2)'' and inserting ``a report that includes the
information described in section 134(e)(2)(C)''.
SEC. 142. INVENTORY AND OTHER REQUIREMENTS RELATING TO AIR REFUELING
TANKER AIRCRAFT.
(a) Minimum Inventory Requirement for Air Refueling Tanker
Aircraft.--Section 9062(j) of title 10, United States Code, is
amended--
(1) by striking ``effective October 1, 2019,''; and
(2) by striking ``479'' each place it appears and inserting
``466''.
(b) Repeal of Limitation on Retirement of KC-135 Aircraft.--Section
137 of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1576) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(c) Minimum Number of Air Refueling Tanker Aircraft in PMAI of the
Air Force.--Section 135(a) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134
Stat. 3431) is amended by striking ``412'' and inserting ``400''.
(d) Prohibition on Reduction of KC-135 Aircraft in PMAI of the
Reserve Components.--
(1) In general.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2023 for the Air Force may be obligated or expended to
reduce, by more than 12 aircraft, the number of KC-135 aircraft
designated as primary mission aircraft inventory within the
reserve components of the Air Force.
(2) Primary mission aircraft inventory defined.--In this
subsection, the term ``primary mission aircraft inventory'' has
the meaning given that term in section 9062(i)(2)(B) of title
10, United States Code.
SEC. 143. REQUIREMENTS RELATING TO F-22 AIRCRAFT.
(a) Limitations and Minimum Inventory Requirements.--Section 9062
of title 10, United States Code, is amended by adding at the end the
following new subsection:
``(k)(1) During the period beginning on the date of the enactment
of the National Defense Authorization Act for Fiscal Year 2023 and
ending on September 30, 2027, the Secretary of the Air Force may not--
``(A) retire an F-22 aircraft;
``(B) reduce funding for unit personnel or weapon system
sustainment activities for F-22 aircraft in a manner that
presumes future congressional authority to divest such
aircraft;
``(C) keep an F-22 aircraft in a status considered excess
to the requirements of the possessing command and awaiting
disposition instructions (commonly referred to as `XJ' status);
or
``(D) decrease the total aircraft inventory of F-22
aircraft below 184 aircraft.
``(2) The prohibition under paragraph (1) shall not apply to
individual F-22 aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be no longer mission capable
and uneconomical to repair because of aircraft accidents, mishaps, or
excessive material degradation and non-airworthiness status of certain
aircraft.''.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Air Force shall
submit to the congressional defense committees a report that
includes a strategy and execution plan, approved by the
Secretary, for conducting formal training for F-22 aircrews to
ensure that combat capability, capacity, and availability at
all F-22 operational units is not degraded.
(2) Elements.--The strategy and execution plan under
paragraph (1) shall--
(A) address how the Air Force will avoid--
(i) diminishing the combat effectiveness of
all block variants of F-22 aircraft;
(ii) exacerbating F-22 aircraft
availability concerns; and
(iii) complicating F-22 aircraft squadron
maintenance operations; and
(B) include the plan of the Secretary for--
(i) the basing of 184 F-22 aircraft; and
(ii) the reestablishment of one or more F-
22 formal training units, including--
(I) the planned location of such
units;
(II) the planned schedule for the
reestablishment of such units; and
(III) and the number of F-22
aircraft that are expected to be
assigned to such units.
(c) Comptroller General Audit.--
(1) Audit required.--The Comptroller General of the United
States shall conduct an audit to assess and validate data and
information relating to--
(A) the events and activities that would be
necessary to upgrade Block 20 F-22 aircraft to a
capability configuration comparable to or exceeding the
existing or planned configuration of Block 30/35 F-22
aircraft;
(B) the estimated costs of such upgrades; and
(C) a schedule of milestones for such upgrades.
(2) Availability of information.--At the request of the
Comptroller General, the Secretary of the Air Force shall
promptly provide to the Comptroller General any data or other
information that may be needed to conduct the audit under
paragraph (1), including any data or information it may be
necessary to obtain from the original equipment manufacturer of
the F-22 aircraft.
(3) Briefing.--Not later than April 15, 2023, the
Comptroller General shall provide to the congressional defense
committees a briefing on the progress and any preliminary
results of the audit conducted under paragraph (1).
(4) Report.--Following the briefing under paragraph (3), at
such time as is mutually agreed upon by the congressional
defense committees and the Comptroller General, the Comptroller
General shall submit to the congressional defense committees a
report on the final results of the audit conducted under
paragraph (1).
SEC. 144. MODIFICATION OF EXCEPTION TO PROHIBITION ON CERTAIN
REDUCTIONS TO B-1 BOMBER AIRCRAFT SQUADRONS.
Section 133(b) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1574) is amended by striking
``an individual unit'' and inserting ``a bomb wing''.
SEC. 145. REPEAL OF AIR FORCE E-8C FORCE PRESENTATION REQUIREMENT.
Section 147 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1669) is
amended by striking subsection (f).
SEC. 146. MINIMUM INVENTORY OF C-130 AIRCRAFT.
(a) Minimum Inventory Requirement.--
(1) In general.--During the covered period, the Secretary
of the Air Force shall maintain a total inventory of C-130
aircraft of not less than 271 aircraft.
(2) Exception.--The Secretary of the Air Force may reduce
the number of C-130 aircraft in the Air Force below the minimum
number specified in paragraph (1) if the Secretary determines,
on a case-by-case basis, that an aircraft is no longer mission
capable because of a mishap or other damage.
(3) Covered period defined.--In this subsection, the term
``covered period'' means the period--
(A) beginning at the close of the period described
in section 138(c) of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
1577); and
(B) ending on September 30, 2023.
(b) Prohibition on Reduction of C-130 Aircraft Assigned to National
Guard.--
(1) In general.--During fiscal year 2023, the Secretary of
the Air Force may not reduce the total number of C-130 aircraft
assigned to the National Guard below the number so assigned as
of the date of the enactment of this Act.
(2) Exception.--The prohibition under paragraph (1) shall
not apply to an individual C-130 aircraft that the Secretary of
the Air Force determines, on a case-by-case basis, to be no
longer mission capable because of a mishap or other damage.
SEC. 147. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF C-40
AIRCRAFT.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2023 for the
Air Force may be obligated or expended to retire, prepare to retire, or
place in storage or on backup aircraft inventory status any C-40
aircraft.
(b) Exception.--
(1) In general.--The limitation under subsection (a) shall
not apply to an individual C-40 aircraft that the Secretary of
the Air Force determines, on a case-by-case basis, to be no
longer mission capable because of a Class A mishap.
(2) Certification required.--If the Secretary determines
under paragraph (1) that an aircraft is no longer mission
capable, the Secretary shall submit to the congressional
defense committees a certification that the status of such
aircraft is due to a Class A mishap and not due to lack of
maintenance or repairs or other reasons.
SEC. 148. PROHIBITION ON AVAILABILITY OF FUNDS FOR TERMINATION OF
PRODUCTION LINES FOR HH-60W AIRCRAFT.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for the Air Force may be
obligated or expended to terminate the operations of, or to prepare to
terminate the operations of, a production line for HH-60W Combat Rescue
Helicopters.
SEC. 149. PROHIBITION ON CERTAIN REDUCTIONS TO INVENTORY OF E-3
AIRBORNE WARNING AND CONTROL SYSTEM AIRCRAFT.
(a) Prohibition.--Except as provided in subsections (b) and (c),
none of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for the Air Force may be
obligated or expended to retire, prepare to retire, or place in storage
or in backup aircraft inventory any E-3 aircraft if such actions would
reduce the total aircraft inventory for such aircraft below 26.
(b) Exception for Acquisition Strategy.--If the Secretary of the
Air Force submits to the congressional defense committees an
acquisition strategy for the E-7 Wedgetail aircraft approved by the
Service Acquisition Executive of the Air Force, the prohibition under
subsection (a) shall not apply to actions taken to reduce the total
aircraft inventory for E-3 aircraft to 21 after the date on which the
strategy is so submitted.
(c) Exception for Contract Award.--If the Secretary of the Air
Force awards a contract for the E-7 Wedgetail aircraft, the prohibition
under subsection (a) shall not apply to actions taken to reduce the
total aircraft inventory for E-3 aircraft to 18 after the date on which
such contact is so awarded.
(d) Designation as Primary Training Aircraft Inventory.--The
Secretary of the Air Force shall designate two E-3 aircraft as Primary
Training Aircraft Inventory.
SEC. 150. LIMITATION ON DIVESTMENT OF F-15 AIRCRAFT.
(a) Limitation.--Beginning on October 1, 2023, the Secretary of the
Air Force may not divest, or prepare to divest, any covered F-15
aircraft until a period of 180 days has elapsed following the date on
which the Secretary submits the report required under subsection (b).
(b) Report Required.--The Secretary of the Air Force shall submit
to the congressional defense committees a report on the following:
(1) Any plans of the Secretary to divest covered F-15
aircraft during the period covered by the most recent future-
years defense program submitted to Congress under section 221
of title 10, United States Code, including--
(A) a description of each proposed divestment by
fiscal year and location;
(B) an explanation of the anticipated effects of
such divestments on the missions, personnel, force
structure, and budgeting of the Air Force;
(C) a description of the actions the Secretary
intends to carry out--
(i) to mitigate any negative effects
identified under subparagraph (B); and
(ii) to modify or replace the missions and
capabilities of any units and military
installations affected by such divestments; and
(D) an assessment of how such divestments may
affect the ability of the Air Force to maintain minimum
tactical aircraft inventories.
(2) Any plans of the Secretary to procure covered F-15
aircraft.
(3) Any specific plans of the Secretary to deviate from
procurement of new F-15EX aircraft as articulated by the
validated requirements contained in Air Force Requirements
Decision Memorandum, dated February 1, 2019, regarding F-15EX
Rapid Fielding Requirements Document, dated January 16, 2019.
(c) Covered F-15 Aircraft Defined.--In this section, the term
``covered F-15 aircraft'' means the following:
(1) F-15C aircraft.
(2) F-15D aircraft.
(3) F-15E aircraft.
(4) F-15EX aircraft.
SEC. 151. AUTHORITY TO PROCURE UPGRADED EJECTION SEATS FOR CERTAIN T-
38A AIRCRAFT.
The Secretary of the Air Force is authorized to procure upgraded
ejection seats for--
(1) all T-38A aircraft of the Air Force Global Strike
Command that have not received an upgraded ejection seat under
the T-38 Ejection Seat Upgrade Program; and
(2) all T-38A aircraft of the Air Combat Command that have
not received an upgraded ejection seat as part of such Program.
SEC. 152. PROCUREMENT AUTHORITY FOR DIGITAL MISSION OPERATIONS PLATFORM
FOR THE SPACE FORCE.
(a) Procurement Authority.--The Secretary of the Air Force is
authorized to enter into one or more contracts for the procurement of a
digital mission operations platform for the Space Force.
(b) Required Capabilities.--A digital mission operations platform
procured under subsection (a) shall include the following capabilities:
(1) The platform shall be capable of providing systems
operators with the ability to analyze system performance in a
simulated mission environment.
(2) The platform shall enable collaboration among such
operators in an integrated, physics-based environment.
SEC. 153. DIGITAL TRANSFORMATION COMMERCIAL SOFTWARE ACQUISITION.
(a) Procurement Authority.--The Secretary of the Air Force may
enter into one or more contracts for the procurement of commercial
digital engineering and software tools to meet the digital
transformation goals and objectives of the Department of the Air Force.
(b) Inclusion of Program Element in Budget Materials.--In the
materials submitted by the Secretary of the Air Force in support of the
budget of the President for fiscal year 2024 (as submitted to Congress
pursuant to section 1105 of title 31, United States Code), the
Secretary shall include a program element dedicated to the procurement
and management of the commercial digital engineering and software tools
described in subsection (a).
(c) Review.--In carrying out subsection (a), the Secretary of the
Air Force shall--
(1) review the market for commercial digital engineering
and software tools; and
(2) conduct research on providers of commercial software
capabilities that have the potential to expedite the progress
of digital engineering initiatives across the weapon system
enterprise, with a particular focus on capabilities that have
the potential to generate significant life-cycle cost savings,
streamline and accelerate weapon system acquisition, and
provide data-driven approaches to inform investments by the
Department of the Air Force.
(d) Report.--Not later than March 1, 2023, the Secretary of the Air
Force shall submit to the congressional defense committees a report
that includes--
(1) an analysis of specific digital engineering and
software tool capability manufacturers that deliver high
mission impact with broad reach into the weapon system
enterprise of the Department of the Air Force; and
(2) a prioritized list of programs and offices of the
Department of the Air Force that could better utilize
commercial digital engineering and software tools and
opportunities for the implementation of such digital
engineering and software tool capabilities within the
Department.
SEC. 154. REQUIREMENTS STUDY AND STRATEGY FOR THE COMBAT SEARCH AND
RESCUE MISSION OF THE AIR FORCE.
(a) Requirements Study.--
(1) In general.--The Secretary of the Air Force shall
conduct a study to determine the requirements for the combat
search and rescue mission of the Air Force in support of the
objectives of the National Defense Strategy.
(2) Elements.--The study under paragraph (1) shall include
the following:
(A) Identification of anticipated combat search and
rescue mission requirements necessary to meet the
objectives of the most recent National Defense
Strategy, including--
(i) requirements for short-term, mid-term,
and long-term contingency and steady-state
operations against adversaries;
(ii) requirements under the Agile Combat
Employment operational scheme of the Air Force;
(iii) requirements relating to regions and
specific geographic areas that are expected to
have a need for combat search and rescue forces
based on the combat-relevant range and
penetration capability of United States air
assets and associated weapon systems; and
(iv) the level of operational risk
associated with each likely requirement and
scenario.
(B) An assessment of the rotary, tilt, and fixed
wing aircraft and key combat search and rescue enabling
capabilities that--
(i) are needed to meet the requirements
identified under subparagraph (A); and
(ii) have been accounted for in the budget
of the Air Force as of the date of the study.
(C) Identification of any combat search and rescue
capability gaps, including an assessment of--
(i) whether and to what extent such gaps
may affect the ability of the Air Force to
conduct combat search and rescue operations;
(ii) any capability gaps that may be
created by procuring fewer HH-60W aircraft than
planned under the program of record, including
any expected changes to the plan for fielding
such aircraft for active, reserve, and National
Guard units; and
(iii) any capability gaps attributable to
unfunded requirements.
(D) Identification and assessment of key current,
emerging, and future technologies with potential
application to the combat search and rescue mission,
including electric vertical takeoff and landing,
unmanned aerial systems, armed air launched effects or
similar armed capabilities, electric short take-off and
landing, or a combination of such technologies.
(E) An assessment of each technology identified
under subparagraph (D), including (as applicable) an
assessment of--
(i) technology maturity;
(ii) suitability to the combat search and
rescue mission;
(iii) range;
(iv) speed;
(v) payload capability and capacity;
(vi) radio frequency and infrared
signatures;
(vii) operational conditions required for
the use of such technology, such as runway
availability;
(viii) survivability;
(ix) lethality;
(x) potential to support combat missions
other than combat search and rescue; and
(xi) estimated cost.
(3) Submittal to congress.--
(A) In general.--Not later than April 30, 2023, the
Secretary of the Air Force shall submit to the
Committees on Armed Services of the Senate and the
House of Representatives a report on the results of the
study under paragraph (1).
(B) Form.--The report required under subparagraph
(A) shall be submitted in unclassified form, but may
include a classified annex.
(b) Strategy Required.--
(1) In general.--Based on the results of the study
conducted under subsection (a), the Secretary of the Air Force
shall develop a strategy to meet the requirements identified
under such study.
(2) Elements.--The strategy under paragraph (1) shall
include--
(A) A prioritized list of the capabilities needed
to meet the requirements identified under subsection
(a).
(B) The estimated costs of such capabilities,
including--
(i) any amounts already budgeted for such
capabilities as of the date of the strategy,
including amounts already budgeted for emerging
and future technologies; and
(ii) any amounts not already budgeted for
such capabilities as of such date.
(C) An estimate of the date by which the capability
is expected to become operational.
(D) A description of any requirements identified
under subsection (a) that the Secretary of the Air
Force does not expect to meet as part of the strategy
and an explanation of the reasons such requirements
cannot be met.
(3) Submittal to congress.--
(A) In general.--Not later than July 30, 2023, the
Secretary of the Air Force shall submit to the
Committees on Armed Services of the Senate and the
House of Representatives a report on the strategy
developed under paragraph (1).
(B) Form.--The report required under subparagraph
(A) shall be submitted in unclassified form, but may
include a classified annex.
SEC. 155. PLAN FOR TRANSFER OF KC-135 AIRCRAFT TO THE AIR NATIONAL
GUARD.
(a) Plan Required.--The Secretary of the Air Force shall develop a
plan to transfer covered KC-135 aircraft to air refueling wings of the
Air National Guard that are classic associations with active duty units
of the Air Force.
(b) Briefing.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Air Force shall provide to
the Committees on Armed Services of the Senate and the House of
Representatives a briefing on the plan developed under subsection (a).
The briefing shall include an explanation of--
(1) the effects the plan is expected to have on--
(A) the aerial refueling capability of the
Department of Defense; and
(B) personnel; and
(2) any costs associated with the plan.
(c) Definitions.--In this section:
(1) The term ``covered KC-135 aircraft'' means a KC-135
aircraft that the Secretary of the Air Force is in the process
of replacing with a KC-46A aircraft.
(2) The term ``classic association'' means a structure
under which a regular Air Force unit retains principal
responsibility for an aircraft and shares the aircraft with one
or more reserve component units.
SEC. 156. ANNUAL REPORTS ON T-7A ADVANCED PILOT TRAINING SYSTEM.
(a) Annual Report.--Not later than March 1, 2023, and annually
thereafter through 2028, the Assistant Secretary of the Air Force for
Acquisition, Technology, and Logistics shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a
report on the acquisition efforts of the Air Force with respect to the
T-7A Advanced Pilot Training System (including any associated aircraft
and ground training systems).
(b) Elements.--Each report under subsection (a) shall include the
following:
(1) An overview of the Assistant Secretary's acquisition
strategy for the T-7 Advanced Pilot Training System, including
the current status of the acquisition strategy as of the date
of the report.
(2) The cost and schedule estimates for the T-7 Advanced
Pilot Training System program.
(3) In the case of the initial report under this section,
the key performance parameters or the equivalent requirements
for the program. In the case of subsequent reports, any key
performance parameters or the equivalent requirements for the
program that have changed since the submission of the previous
report under this section.
(4) The test and evaluation master plan for the program.
(5) With respect to the testing program events completed in
the year covered by the report--
(A) the completion date of each event;
(B) a summary of the event, including
identification of--
(i) the quantity of data points evaluated
and subsequently considered complete and
validated; and
(ii) the quantity of data points evaluated
that remain incomplete or unvalidated and
requiring further testing.
(6) The logistics and sustainment strategy for the program
and a description of any activities carried out to implement
such strategy as of the date of the report.
(7) An explanation of--
(A) the causes of any engineering, manufacturing,
development, testing, production, delivery, acceptance,
and fielding delays incurred by the program as of the
date of the report;
(B) the effects of such delays; and
(C) any subsequent efforts to address such delays.
(8) The post-production aircraft basing and fielding
strategy for the program.
(9) Any other matters regarding the acquisition of the T-7
Advanced Pilot Training System that the Assistant Secretary
determines to be of critical importance to the long-term
viability of the program.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 161. INCREASE IN AIR FORCE AND NAVY USE OF USED COMMERCIAL DUAL-
USE PARTS IN CERTAIN AIRCRAFT AND ENGINES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Air Force, with respect to
the Air Force, and the Secretary of the Navy, with respect to the Navy,
shall develop and implement processes and procedures for--
(1) the acquisition of used, overhauled, reconditioned, and
remanufactured commercial dual-use parts; and
(2) the use of such commercial dual-use parts in all--
(A) commercial derivative aircraft and engines; and
(B) aircraft used by the Air Force or Navy that are
based on the design of commercial products.
(b) Procurement of Parts.--The processes and procedures implemented
under subsection (a) shall provide that commercial dual-use parts shall
be acquired--
(1) pursuant to competitive procedures (as defined in
section 3012 of title 10, United States Code); and
(2) only from suppliers that provide parts that possess an
Authorized Release Certificate Federal Aviation Administration
Form 8130-3 Airworthy Approval Tag from a certified repair
station pursuant to part 145 of title 14, Code of Federal
Regulations.
(c) Definitions.--In this section:
(1) Commercial derivative.--The term ``commercial
derivative'' means an item procured by the Department of
Defense that is or was produced using the same or similar
production facilities, a common supply chain, and the same or
similar production processes that are used for the production
of the item as predominantly used by the general public or by
nongovernmental entities for purposes other than governmental
purposes.
(2) Commercial dual-use part.--The term ``commercial dual-
use part'' means a product that is--
(A) a commercial product;
(B) dual-use;
(C) described in subsection (b)(2); and
(D) not a life-limited part.
(3) Commercial product.--The term ``commercial product''
has the meaning given such term in section 103 of title 41,
United States Code.
(4) Dual-use.--The term ``dual-use'' has the meaning given
such term in section 4801 of title 10, United States Code.
SEC. 162. ASSESSMENT AND STRATEGY FOR FIELDING CAPABILITIES TO COUNTER
THREATS POSED BY UNMANNED AERIAL SYSTEM SWARMS.
(a) Assessment, Analysis, and Review.--The Secretary of Defense
shall conduct--
(1) an assessment of the threats posed by unmanned aerial
system swarms and unmanned aerial systems with swarm
capabilities to installations and deployed Armed Forces;
(2) an analysis of the use or potential use of unmanned
aerial system swarms by adversaries, including the People's
Republic of China, the Russian Federation, the Islamic Republic
of Iran, the Democratic People's Republic of North Korea, and
non-state actors;
(3) an analysis of the national security implications of
swarming technologies such as autonomous intelligence and
machine learning;
(4) a review of the capabilities used by the Department of
Defense to counter threats posed by unmanned aerial systems and
an assessment of the effectiveness of such capabilities at
countering the threat of unmanned aerial system swarms; and
(5) an overview of the efforts of the Department of Defense
to develop and field test technologies that offer scalable,
modular, and rapidly deployable capabilities with the ability
to counter unmanned aerial system swarms.
(b) Strategy Development and Implementation Required.--
(1) In general.--The Secretary of Defense shall develop and
implement a strategy to field capabilities to counter threats
posed by unmanned aerial system swarms.
(2) Elements.--The strategy required by paragraph (1) shall
include the following:
(A) The development of a comprehensive definition
of ``unmanned aerial system swarm''.
(B) A plan to establish and incorporate
requirements for the development, testing, and fielding
of technologies and capabilities to counter unmanned
aerial system swarms.
(C) A plan to acquire and field adequate
capabilities to counter unmanned aerial system swarms
in defense of the Armed Forces, infrastructure, and
other assets of the United States across land, air, and
maritime domains.
(D) An estimate of the resources needed by each
Armed Force to implement the strategy.
(E) An analysis, determination, and prioritization
of legislative action required to ensure the Department
of Defense has the ability to counter the threats posed
by unmanned aerial system swarms.
(F) Such other matters as the Secretary determines
to be relevant to the strategy.
(3) Incorporation into existing strategy.--The Secretary of
Defense may incorporate the strategy required by paragraph (1)
into a comprehensive strategy of the Department of Defense to
counter the threat of unmanned aerial systems.
(c) Information to Congress.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on--
(1) the findings of the Secretary under subsection (a); and
(2) the strategy developed and implemented by the Secretary
under subsection (b).
SEC. 163. ASSESSMENT AND REPORT ON MILITARY ROTARY WING AIRCRAFT
INDUSTRIAL BASE.
(a) Assessment Required.--The Under Secretary of Defense for
Acquisition and Sustainment, in coordination with the Secretaries of
the Army, Navy, and Air Force, shall conduct an assessment of the
military rotary wing aircraft industrial base.
(b) Elements.--The assessment under subsection (a) shall include
the following:
(1)(A) Identification of each rotary wing aircraft program
of the Department of Defense that is in the research and
development or procurement phase.
(B) A description of any platform-specific or capability-
specific facility or workforce technical skill requirements
necessary for each program identified under subparagraph (A).
(2) Identification of--
(A) the rotary wing aircraft capabilities of each
Armed Force anticipated for programming beyond the
period covered by the most recent future-years defense
program submitted to Congress under section 221 of
title 10, United States Code (as of the date of the
assessment); and
(B) the technologies, facilities, and workforce
skills necessary for the development of such
capabilities.
(3) An assessment of the military industrial base capacity
and skills that are available (as of the date of the
assessment) to design and manufacture the platforms and
capabilities identified under paragraphs (1) and (2) and a list
of any gaps in such capacity and skills.
(4)(A) Identification of each component, subcomponent, or
equipment supplier in the military rotary wing aircraft
industrial base that is the sole source within such industrial
base from which that component, subcomponent, or equipment may
be obtained.
(B) An assessment of any risk resulting from the lack of
other suppliers for such components, subcomponents, or
equipment.
(5) Analysis of the likelihood of future consolidation,
contraction, or expansion, within the rotary wing aircraft
industrial base, including--
(A) identification of the most probable scenarios
with respect to such consolidation, contraction, or
expansion; and
(B) an assessment of how each such scenario may
affect the ability of the Armed Forces to acquire
military rotary wing aircraft in the future, including
any effects on the cost and schedule of such
acquisitions.
(6) Such other matters the Under Secretary of Defense for
Acquisition and Sustainment determines appropriate.
(c) Report.--Not later than June 1, 2023, the Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
congressional defense committees a report that includes--
(1) the results of the assessment conducted under
subsection (a); and
(2) based on such results, recommendations for reducing any
risks identified with respect to the military rotary wing
aircraft industrial base.
(d) Rotary Wing Aircraft Defined.--In this section, the term
``rotary wing aircraft'' includes rotary wing and tiltrotor aircraft.
SEC. 164. COMPTROLLER GENERAL AUDIT OF EFFORTS TO MODERNIZE THE
PROPULSION, POWER, AND THERMAL MANAGEMENT SYSTEMS OF F-35
AIRCRAFT.
(a) Audit Required.--The Comptroller General of the United States
shall conduct an audit of the efforts of the Department of Defense to
modernize the propulsion, power, and thermal management systems of F-35
aircraft.
(b) Elements.--The audit conducted under subsection (a) shall
include the following:
(1) An evaluation of the results of the business-case
analysis conducted by the Director of the F-35 Joint Program
Office, in which the Director assessed options to modernize the
propulsion, power, and thermal management systems of the F-35
aircraft.
(2) An assessment of the costs associated with each
modernization option assessed in the business-case analysis
described in paragraph (1), including any costs associated with
development, production, retrofit, integration, and
installation of the option (including any aircraft
modifications required to accommodate such option), and an
assessment of the sustainment infrastructure requirements
associated with that option for each variant of F-35 aircraft.
(3) An assessment of the progress made by the prototype
engines developed under the Adaptive Engine Transition Program
and the development and testing status of the other
modernization options assessed in the business-case analysis
described in paragraph (1).
(4) An assessment of the timeline associated with
modernizing the propulsion, power, and thermal management
systems of F-35 aircraft to meet the capability performance
requirements of the full Block 4 suite upgrade planned for each
variant of such aircraft.
(5) An assessment of the costs associated with modernizing
the propulsion, power, and thermal management systems of F-35
aircraft to meet the capability performance requirements of the
full Block 4 suite upgrade planned for each variant of such
aircraft.
(6) An assessment of the potential effects of each
modernization option assessed in the business-case analysis
described in paragraph (1) on life-cycle sustainment costs and
the costs of spare parts for F-35 aircraft, including any
participatory effects on international partners and foreign
military sales customers.
(c) Briefing.--Not later than February 28, 2023, the Comptroller
General shall provide to the congressional defense committees a
briefing on the preliminary results of the audit conducted under
subsection (a).
(d) Report.--Following the briefing under subsection (c), at such
time as is mutually agreed upon by the congressional defense committees
and the Comptroller General, the Comptroller General shall submit to
the congressional defense committees a report on the final results of
the audit conducted under subsection (a), including the findings of the
Comptroller General with respect to each element specified in
subsection (b).
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of cooperative research and development project
authority.
Sec. 212. Clarification of role of senior official with principal
responsibility for artificial intelligence
and machine learning.
Sec. 213. Inclusion of Office of Under Secretary of Defense for
Research and Engineering in personnel
management authority to attract experts in
science and engineering.
Sec. 214. Modification of limitation on cancellation of designation of
Executive Agent for a certain Defense
Production Act program.
Sec. 215. Support for research and development of bioindustrial
manufacturing processes.
Sec. 216. Air-breathing and rocket booster testing capacity upgrades to
support critical hypersonic weapons
development.
Sec. 217. Competitively awarded demonstrations and tests of
electromagnetic warfare technology.
Sec. 218. Administration of the Advanced Sensor Applications Program.
Sec. 219. Quantifiable assurance capability for security of
microelectronics.
Sec. 220. Government-Industry-Academia Working Group on
Microelectronics.
Sec. 221. Target date for deployment of 5G wireless broadband
infrastructure at all military
installations.
Sec. 222. Outreach to historically Black colleges and universities and
other minority-serving institutions
regarding National Security Innovation
Network programs that promote
entrepreneurship and innovation at
institutions of higher education.
Sec. 223. Report and pilot program based on recommendations regarding
defense research capacity at historically
Black colleges and universities and other
minority-serving institutions.
Sec. 224. Pilot program to support the development of patentable
inventions in the Department of the Navy.
Sec. 225. Pilot program to facilitate the development of battery
technologies for warfighters.
Subtitle C--Plans, Reports, and Other Matters
Sec. 231. Modification to annual reports of the Director of Operational
Test and Evaluation.
Sec. 232. Extension of requirement for quarterly briefings on strategy
for fifth generation information and
communications technologies.
Sec. 233. Plan for investments to support the development of novel
processing approaches for defense
applications.
Sec. 234. Plans to accelerate the transition to 5G information and
communications technology within the
military departments.
Sec. 235. Plan for Defense Advanced Research Projects Agency Innovation
Fellowship Program.
Sec. 236. Strategy and plan for fostering and strengthening the defense
innovation ecosystem.
Sec. 237. Assessment and strategy relating to hypersonic testing
capacity of the Department of Defense.
Sec. 238. Annual report on studies and reports of federally funded
research and development centers.
Sec. 239. Report on recommendations from Army Futures Command Research
Program Realignment Study.
Sec. 240. Report on potential for increased utilization of the
Electronic Proving Grounds testing range.
Sec. 241. Study on costs associated with underperforming software and
information technology.
Sec. 242. Study and report on sufficiency of operational test and
evaluation resources supporting certain
major defense acquisition programs.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2023
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section
4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. MODIFICATION OF COOPERATIVE RESEARCH AND DEVELOPMENT PROJECT
AUTHORITY.
(a) In General.--Section 2350a(a)(2) of title 10, United States
Code, is amended by adding at the end the following:
``(F) The European Union, including the European Defence
Agency, the European Commission, and the Council of the
European Union, and their suborganizations.''.
(c) Conforming Regulations.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall revise the
Department of Defense Supplement to the Federal Acquisition Regulation
to conform with section 2350a of title 10, United States Code, as
amended by subsection (a).
SEC. 212. CLARIFICATION OF ROLE OF SENIOR OFFICIAL WITH PRINCIPAL
RESPONSIBILITY FOR ARTIFICIAL INTELLIGENCE AND MACHINE
LEARNING.
(a) Personnel Management Authority to Attract Experts in Science
and Engineering.--Section 4092 of title 10, United States Code, is
amended--
(1) in subsection (a)(6)--
(A) by striking ``Director of the Joint Artificial
Intelligence Center'' and inserting ``official
designated under section 238(b) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232)'';
(B) by striking ``for the Center'' and inserting
``to support the activities of such official under
section 238 of such Act''; and
(C) in the paragraph heading, by striking
``Center'';
(2) in subsection (b)(1)(F)--
(A) by striking ``Joint Artificial Intelligence
Center'' and inserting ``office of the official
designated under section 238(b) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232)''; and
(B) by striking ``in the Center'' and inserting
``in support of the activities of such official under
section 238 of such Act''; and
(3) in subsection (c)(2), by striking ``Joint Artificial
Intelligence Center'' and inserting ``the activities under
section 238 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)''.
(b) Review of Artificial Intelligence Applications and
Establishment of Performance Metrics.--Section 226(b) of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10
U.S.C. 4001 note) is amended--
(1) in paragraph (3), by striking ``Director of the Joint
Artificial Intelligence Center'' and inserting ``official
designated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. note prec. 4061)'';
(2) in paragraph (4), by striking ``Director of the Joint
Artificial Intelligence Center'' and inserting ``official
designated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. note prec. 4061)''; and
(3) in paragraph (5), by striking ``Director of the Joint
Artificial Intelligence Center'' and inserting ``official
designated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. note prec. 4061)''.
(c) Modification of the Joint Common Foundation Program.--Section
227(a) of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 10 U.S.C. 4001 note) is amended by striking ``Joint
Artificial Intelligence Center'' and inserting ``the office of the
official designated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 10 U.S.C. note prec. 4061)''.
(d) Pilot Program on Data Repositories to Facilitate the
Development of Artificial Intelligence Capabilities for the Department
of Defense.--Section 232 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 4001 note) is amended--
(1) in the section heading, by striking ``pilot program on
data repositories'' and inserting ``data repositories'';
(2) by amending subsection (a) to read as follows:
``(a) Establishment of Data Repositories.--The Secretary of
Defense, acting through the official designated under subsection (b) of
section 238 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. note prec. 4061)
(and such other officials as the Secretary determines appropriate),
shall--
``(1) establish data repositories containing Department of
Defense data sets relevant to the development of artificial
intelligence software and technology; and
``(2) allow appropriate public and private sector
organizations to access such data repositories for the purpose
of developing improved artificial intelligence and machine
learning software capabilities that may, as determined
appropriate by the Secretary, be procured by the Department to
satisfy Department requirements and technology development
goals.'';
(3) in subsection (b), by striking ``If the Secretary of
Defense carries out the pilot program under subsection (a), the
data repositories established under the program'' and inserting
``The data repositories established under subsection (a)''; and
(4) by amending subsection (c) to read as follows:
``(c) Briefing.--Not later than July 1, 2023, the Secretary of
Defense shall provide to the congressional defense committees a
briefing on--
``(1) the types of information the Secretary determines are
feasible and advisable to include in the data repositories
established under subsection (a); and
``(2) the progress of the Secretary in establishing such
data repositories.''.
(e) Digital Development Infrastructure Plan and Working Group.--
Section 1531(d)(2)(C) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 2051) is amended by
striking ``The Joint Artificial Intelligence Center (JAIC)'' and
inserting ``The office of the official designated under subsection (b)
of section 238 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. note prec. 4061)''.
(f) Board of Advisors for the Office of the Senior Official With
Principal Responsibility for Artificial Intelligence and Machine
Learning.--Section 233 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10
U.S.C. 4001 note) is amended--
(1) in the section heading, by striking ``joint artificial
intelligence center'' and inserting ``office of the senior
official with principal responsibility for artificial
intelligence and machine learning'';
(2) in subsection (a), by striking ``Joint Artificial
Intelligence Center'' and inserting ``office of the official
designated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. note prec. 4061) (referred to in
this section as the `Official')'';
(3) in subsection (b), by striking ``Director'' each place
in appears and inserting ``Official'';
(4) in subsection (f), by striking ``September 30, 2024''
and inserting ``September 30, 2026''; and
(5) in subsection (g)--
(A) by striking paragraphs (2) and (3); and
(B) by redesignating paragraph (4) as paragraph
(2).
(g) Application of Artificial Intelligence to the Defense Reform
Pillar in the National Defense Strategy.--Section 234(b) 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 striking
``Director of the Joint Artificial Intelligence Center'' and inserting
``official designated under section 238(b) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 10 U.S.C. note prec. 4061)''.
(h) Pilot Program on the Use of Electronic Portfolios to Evaluate
Certain Applicants for Technical Positions.--Section 247(c) of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. note prec. 1580) is
amended--
(1) in paragraph (1), by striking ``the Joint Artificial
Intelligence Center'' and inserting ``the office of the
official designated under subsection (b) of section 238 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 10 U.S.C. note prec. 4061)'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(i) Acquisition Authority of the Director of the Joint Artificial
Intelligence Center.--Section 808 the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 10 U.S.C. 4001 note) is amended--
(1) in the section heading, by striking ``the director of
the joint artificial intelligence center'' and inserting ``the
senior official with principal responsibility for artificial
intelligence and machine learning'';
(2) in subsection (a)--
(A) by striking ``the Director of the Joint
Artificial Intelligence Center'' and inserting ``the
official designated under subsection (b) of section 238
of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C.
note prec. 4061) (referred to in this section as the
`Official')''; and
(B) by striking ``the Center'' and inserting ``the
office of such official (referred to in this section as
the `Office')'';
(3) in subsection (b)--
(A) in the subsection heading, by striking
``JAIC'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A),
(I) by striking ``staff of the
Director'' and inserting ``staff of the
Official''; and
(II) by striking ``the Director of
the Center'' and inserting ``such
Official'';
(ii) in subparagraph (A), by striking ``the
Center'' and inserting ``the Office'';
(iii) in subparagraph (B), by striking
``the Center'' and inserting ``the Office'';
(iv) in subparagraph (C), by striking ``the
Center'' each place it appears and inserting
``the Office''; and
(v) in subparagraph (D), by striking ``the
Center'' each place it appears and inserting
``the Office''; and
(C) in paragraph (2)--
(i) by striking ``the Center'' and
inserting ``the Office''; and
(ii) by striking ``the Director'' and
inserting ``the Official'';
(4) in subsection (c)(1)--
(A) by striking ``the Center'' and inserting ``the
Office''; and
(B) by striking ``the Director'' and inserting
``the Official'';
(5) in subsection (d), by striking ``the Director'' and
inserting ``the Official'';
(6) in subsection (e)--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking
``Center missions'' and inserting ``the
missions of the Office''; and
(ii) in subparagraph (D), by striking ``the
Center'' and inserting ``the Office''; and
(B) in paragraph (3), by striking ``the Center''
and inserting ``the Office'';
(7) in subsection (f), by striking ``the Director'' and
inserting ``the Official''; and
(8) in subsection (g)--
(A) by striking paragraphs (1) and (3); and
(B) by redesignating paragraphs (4) and (5) as
paragraphs (1) and (2), respectively.
(j) Biannual Report on Office of the Senior Official With Principal
Responsibility for Artificial Intelligence and Machine Learning.--
Section 260 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92) is amended--
(1) in the section heading, by striking ``joint artificial
intelligence center'' and inserting ``office of the senior
official with principal responsibility for artificial
intelligence and machine learning'';
(2) in subsection (a)--
(A) by striking ``2023'' and inserting ``2026'';
and
(B) by striking ``the Joint Artificial Intelligence
Center (referred to in this section as the `Center')''
and inserting ``the office of the official designated
under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 10 U.S.C. note prec.
4061) (referred to in this section as the `Office')'';
(3) in subsection (b)--
(A) by striking ``Center'' each place it appears
and inserting ``Office'';
(B) in paragraph (2), by striking ``the National
Mission Initiatives, Component Mission Initiatives, and
any other initiatives'' and inserting ``any
initiatives''; and
(C) in paragraph (7), by striking ``the Center's
investments in the National Mission Initiatives and
Component Mission Initiatives'' and inserting ``the
Office's investments in its initiatives and other
activities''; and
(4) by striking subsection (c).
(k) Chief Data Officer Responsibility for Department of Defense
Data Sets.--Section 903(b) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2223 note) is
amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
(l) Joint Artificial Intelligence Research, Development, and
Transition Activities.--Section 238 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. note prec. 4061) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Organization and Roles.--
``(1) In general.--In addition to designating an official
under subsection (b), the Secretary of Defense shall assign to
appropriate officials within the Department of Defense roles
and responsibilities relating to the research, development,
prototyping, testing, procurement of, requirements for, and
operational use of artificial intelligence technologies.
``(2) Appropriate officials.--The officials assigned roles
and responsibilities under paragraph (1) shall include--
``(A) the Under Secretary of Defense for Research
and Engineering;
``(B) the Under Secretary of Defense for
Acquisition and Sustainment;
``(C) one or more officials in each military
department;
``(D) officials of appropriate Defense Agencies;
and
``(E) such other officials as the Secretary of
Defense determines appropriate.'';
(2) in subsection (e), by striking ``Director of the Joint
Artificial Intelligence Center'' and inserting ``official
designated under subsection (b)''; and
(3) by striking subsection (h).
(m) References.--Any reference in any law, regulation, guidance,
instruction, or other document of the Federal Government to the
Director of the Joint Artificial Intelligence Center of the Department
of Defense or to the Joint Artificial Intelligence Center shall be
deemed to refer to the official designated under section 238(b) of the
John S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. note prec. 4061) or the office of such
official, as the case may be.
SEC. 213. INCLUSION OF OFFICE OF UNDER SECRETARY OF DEFENSE FOR
RESEARCH AND ENGINEERING IN PERSONNEL MANAGEMENT
AUTHORITY TO ATTRACT EXPERTS IN SCIENCE AND ENGINEERING.
Section 4092 of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(10) Office of the under secretary of defense for
research and engineering.--The Under Secretary of Defense for
Research and Engineering may carry out a program of personnel
management authority provided in subsection (b) in order to
facilitate recruitment of eminent experts in science or
engineering for the Office of the Under Secretary.''; and
(2) in subsection (b)(1)--
(A) in subparagraph (H), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (I), by striking the semicolon
and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(J) in the case of the Office of the Under
Secretary of Defense for Research and Engineering,
appoint scientists and engineers to a total of not more
than 10 scientific and engineering positions in the
Office;''.
SEC. 214. MODIFICATION OF LIMITATION ON CANCELLATION OF DESIGNATION OF
EXECUTIVE AGENT FOR A CERTAIN DEFENSE PRODUCTION ACT
PROGRAM.
Section 226 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1335) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Designation of Other Executive Agents.--Notwithstanding the
requirements of this section or section 1792 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (50 U.S.C. 4531
note), the Secretary of Defense may designate one or more Executive
Agents within the Department of Defense (other than the Executive Agent
described in subsection (a)) to implement Defense Production Act
transactions entered into under the authority of sections 4021, 4022,
and 4023 of title 10, United States Code.''.
SEC. 215. SUPPORT FOR RESEARCH AND DEVELOPMENT OF BIOINDUSTRIAL
MANUFACTURING PROCESSES.
(a) Authorization.--Subject to the availability of appropriations,
the Secretary of Defense shall provide support for the development of a
network of bioindustrial manufacturing facilities to conduct research
and development to improve the ability of the industrial base to
assess, validate, and scale new, innovative bioindustrial manufacturing
processes for the production of chemicals, materials, and other
products necessary to support national security or secure fragile
supply chains.
(b) Form of Support.--The support provided under subsection (a) may
consist of--
(1) providing funding to one or more existing facilities or
the establishment of new facilities--
(A) to support the research and development of
bioindustrial manufacturing processes; or
(B) to otherwise expand the bioindustrial
manufacturing capabilities of such facilities;
(2) the establishment of dedicated facilities within one or
more bioindustrial manufacturing facilities to serve as
regional hubs for the research, development, and the scaling of
bioindustrial manufacturing processes and products to higher
levels of production; or
(3) designating a bioindustrial manufacturing facility to
serve as the lead entity responsible for integrating a network
of pilot and intermediate scale bioindustrial manufacturing
facilities.
(c) Activities.--A facility that receives support under subsection
(a) shall carry out activities relating to the research, development,
test, and evaluation of innovative bioindustrial manufacturing
processes and the scaling of bioindustrial manufacturing products to
higher levels of production, which may include--
(1) research on the use of bioindustrial manufacturing to
create materials such as polymers, coatings, resins, commodity
chemicals, and other materials with fragile supply chains;
(2) demonstration projects to evaluate bioindustrial
manufacturing processes and technologies;
(3) activities to scale bioindustrial manufacuring
processes and products to higher levels of production;
(4) strategic planning for infrastructure and equipment
investments for bioindustrial manufacturing of defense-related
materials;
(5) analyses of bioindustrial manufactured products and
validation of the application of biological material used as
input to new and existing processes to aid in future investment
strategies and the security of critical supply chains;
(6) the selection, construction, and operation of pilot and
intermediate scale bioindustrial manufacturing facilities;
(7) development and management of a network of facilities
to scale production of bioindustrial products;
(8) activities to address workforce needs in bioindustrial
manufacturing;
(9) establishing an interoperable, secure, digital
infrastructure for collaborative data exchange across entities
in the bioindustrial manufacturing community, including
government agencies, industry, and academia;
(10) developing and implementing digital tools, process
security and assurance capabilities, cybersecurity protocols,
and best practices for data storage, sharing and analysis; and
(11) such other activities as the Secretary of Defense
determines appropriate.
(d) Considerations.--In determining the number, type, and location
of facilities to support under subsection (a), the Secretary of Defense
shall consider--
(1) how the facilities may complement each other or
increase production levels by functioning together as a
network;
(2) how to geographically distribute support to such
facilities--
(A) to maximize access to biological material
needed as an input to bioindustrial manufacturing
processes;
(B) to leverage available industrial and academic
expertise, including workforce and human capital;
(C) to leverage relevant domestic infrastructure
required to secure supply chains for chemicals and
other materials;
(D) to leverage access to venture capital and
private sector finance expertise and funding
instruments; and
(E) to complement the capabilities of similar
facilities; and
(3) how the activities supported under this section can be
coordinated with relevant activities of other departments and
agencies of the Federal Government.
(e) Initial Concept Plan Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees and the National
Security Commission on Emerging Biotechnology an initial
concept plan for the implementation of this section that
includes--
(A) an assessment of capacity scaling needs to
determine if, and what type of, additional
bioindustrial manufacturing facilities may be needed to
meet the needs of the Department of Defense;
(B) a description of types, relative sizes, and
locations of the facilities the Secretary intends to
establish or support under this section;
(C) a general description of the focus of each
facility, including the types of bioindustrial
manufacturing equipment, if any, that are expected to
be procured for each such facility;
(D) a general description of how the facilities
will work as a network to maximize the diversity of
bioindustrial products available to be produced by the
network;
(E) an explanation of how the network will support
the establishment and maintenance of the bioindustrial
manufacturing industrial base; and
(F) an explanation of how the Secretary intends to
ensure that bioindustrial manufacturing activities
conducted under this section are modernized digitally,
including through--
(i) the use of data automation to represent
processes and products as models and
simulations; and
(ii) the implementation of measures to
address cybersecurity and process assurance
concerns.
(2) Briefings.--Not later than 180 days after the date of
the submittal of the plan under paragraph (1), and annually
thereafter for five years, the Secretary of Defense shall
provide to the congressional defense committees a briefing on
the Secretary's progress in implementing the plan.
(f) Bioindustrial Manufacturing Defined.--In this section, the term
``bioindustrial manufacturing'' means the use of living organisms,
cells, tissues, enzymes, or cell-free systems to produce materials and
products for non-pharmaceutical applications.
SEC. 216. AIR-BREATHING AND ROCKET BOOSTER TESTING CAPACITY UPGRADES TO
SUPPORT CRITICAL HYPERSONIC WEAPONS DEVELOPMENT.
(a) In General.--Subject to the availability of appropriations for
such purpose, the Secretary of the Air Force shall carry out activities
to upgrade testing facilities of the Department of the Air Force that
support the development of critical hypersonic weapons that--
(1) use air-breathing or rocket booster capabilities; and
(2) are expected to operate in sea-level or high-altitude
operational domains.
(b) Timeline for Completion.--The Secretary of the Air Force shall
seek to complete any upgrade under subsection (a), subject to
availability of appropriations for such upgrade, not later than 24
months after the upgrade is commenced.
SEC. 217. COMPETITIVELY AWARDED DEMONSTRATIONS AND TESTS OF
ELECTROMAGNETIC WARFARE TECHNOLOGY.
(a) Demonstrations and Tests Required.--Not later than 270 days
after the date of the enactment of this Act, the Director of the Air
Force Rapid Capabilities Office, in coordination with the Air Force
Life Cycle Management Center, shall select one or more qualified
entities under competitive processes to conduct demonstrations and
tests of commercial electronics technology to determine whether
technology currently exists that could enable the following
electromagnetic warfare capabilities:
(1) The operation of multiple emitters and receivers in the
same frequency at the same time and in the same location
without mutual interference and without using adaptive beam
forming or nulling.
(2) Protecting the reception of Global Positioning System
and other vulnerable low-power signals from multiple high-power
jammers at a level that is significantly better than the
protection afforded by controlled reception pattern antennas.
(3) Simultaneous transmission from and reception of
separate signals on the same platform wherein the signals lie
in the same frequency and are transmitted and received at the
same time without interference.
(4) Capabilities similar those described in paragraphs (1)
through (3) in a live, virtual constructive simulation
environment.
(5) Other capabilities that might satisfy or support needs
set forth in the Electromagnetic Spectrum Superiority Strategy
Implementation Plan released on August 5, 2021.
(b) Oversight of Tests.--The Director of Operational Test and
Evaluation shall--
(1) provide oversight of the demonstrations and tests
required by subsection (a);
(2) review other applicable government or commercial
demonstrations and tests; and
(3) not later than 30 days after the completion of the
demonstrations and tests under subsection (a), advise the Chief
Information Officer of the Department of Defense, the Under
Secretary of Defense for Research and Engineering, and the
Under Secretary of Defense for Acquisition and Sustainment of
the outcomes of the demonstrations and tests.
(c) Outcome-based Actions Required.--If the Director of Operational
Test and Evaluation and the Director of the Air Force Rapid
Capabilities Office affirm that the demonstrations and tests under
subsection (a) confirm that certain commercial electronics technology
could enable one or more of the capabilities described in such
subsection--
(1) not later than 45 days after the conclusion of the
tests under subsection (a), the Director of the Air Force Rapid
Capabilities Office and the Director of Operational Test and
Evaluation shall jointly provide to the congressional defense
committees a briefing on the outcomes of the tests;
(2) the Director of the Air Force Rapid Capabilities Office
may begin engineering form, fit, and function development and
integration to incorporate technologies demonstrated and tested
under subsection (a) into specific Department of Defense
platforms and applications; and
(3) not later than 90 days after the conclusion of the
tests under subsection (a), the Director of the Air Force Rapid
Capabilities Office, the Chief Information Officer, the Under
Secretary of Defense for Research and Engineering, and the
Under Secretary of Defense for Acquisition and Sustainment
shall jointly provide to the congressional defense committees a
briefing on any plans of the Department of Defense to further
develop and deploy the technologies demonstrated and tested
under subsection (a) to support the Electromagnetic Spectrum
Superiority Strategy Implementation Plan released on August 5,
2021.
(d) Competitiveness Requirements.--A decision to commit, obligate,
or expend funds for the purposes outlined in this section shall be
based on merit-based selection procedures in accordance with the
requirements of sections 3201(e) and 4024 of title 10, United States
Code, or on competitive procedures.
(e) Commercial Electronics Technology Defined.--The term
``commercial electronics technology'' means electronics technology that
is--
(1) a commercial component (as defined in section 102 of
title 41, United States Code);
(2) a commercial product (as defined in section 103 such
title);
(3) a commercial service (as defined in section 103a of
such title); or
(4) a commercially available off-the-shelf item (as defined
in section 104 of such title).
SEC. 218. ADMINISTRATION OF THE ADVANCED SENSOR APPLICATIONS PROGRAM.
(a) Resource Sponsors.--
(1) In general.--The Commander of Naval Air Systems Command
and the Director of Air Warfare shall jointly serve as the
resource sponsors for the Advanced Sensor Applications Program
(commonly known as ``ASAP'' and in this section referred to as
the ``Program'').
(2) Responsibilities.--The resource sponsors of the Program
shall be responsible for the following:
(A) Developing budget requests relating to the
Program.
(B) Establishing priorities for the Program.
(C) Approving the execution of funding and projects
for the Program.
(D) Coordination and joint planning with external
stakeholders in matters relating to the Program.
(b) Limitations.--Only the Secretary of the Navy, the Under
Secretary of the Navy, and the Commander of Naval Air Systems Command
may--
(1) provide direction and management for the Program;
(2) set priorities for the Program;
(3) regulate or limit the information available or
accessible to the Program;
(4) edit reports or findings generated under the Program;
or
(5) coordinate and manage interactions of the Program with
external stakeholders.
(c) Authority for Program Manager.--The program manager for the
Program may access, consider, act on, and apply information, at all
levels of classification and from all sources and organizations, that
is pertinent to the projects and activities that the Program is
executing, or considering proposing for the future.
(d) Quarterly Briefings.--Not less frequently than once every three
months, the program manager for the Program shall provide to the
congressional defense committees and congressional intelligence
committees (as defined in section 3 of the National Security Act of
1947 (50 U.S.C. 3003)) a briefing on all aspects of the Program,
including on the status of--
(1) the implementation of this section;
(2) the implementation of other congressional directives
relating to the Program; and
(3) any direction and oversight of the Program exercised by
the Commander of Naval Air Systems Command, the Secretary of
the Navy, or the Under Secretary of the Navy.
(e) Strategic Relationship.--The program manager for the Program
shall evaluate the feasibility and advisability of establishing a
strategic relationship with the Naval Research Laboratory pursuant to
which the Laboratory provides scientific and technical assistance and
support for the Program.
(f) Use of Assets.--The Commander of Naval Air Systems Command
shall take all actions the Commander considers reasonable--
(1) to enable the Program to use assets controlled within
the Naval Air Systems Command enterprise, including sensor
systems and platforms; and
(2) to pursue the use of other assets that may further the
mission of the Program.
(g) Termination.--This section shall have no force or effect after
September 30, 2027.
SEC. 219. QUANTIFIABLE ASSURANCE CAPABILITY FOR SECURITY OF
MICROELECTRONICS.
(a) Development and Implementation of Capability.--The Secretary of
Defense shall develop and implement a capability for quantifiable
assurance to achieve practical, affordable, and risk-based objectives
for security of microelectronics to enable the Department of Defense to
access and apply state-of-the-art microelectronics for military
purposes.
(b) Establishment of Requirements and Schedule of Support for
Development, Test, and Assessment.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Deputy Secretary of Defense
shall, in consultation with the Under Secretary of Defense for
Research and Engineering, establish requirements and a schedule
for support from the National Security Agency to develop, test,
assess, implement, and improve the capability required by
subsection (a).
(2) National security agency.--The Director of the National
Security Agency shall take such actions as may be necessary to
satisfy the requirements established under paragraph (1).
(3) Briefing.--Not later than 120 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Research and Engineering and the Director of the National
Security Agency shall jointly provide the congressional defense
committees a briefing on the requirements and the schedule for
support established under paragraph (1).
(c) Assessment.--
(1) In general.--The Secretary of Defense shall assess
whether the Department of Defense, to enable expanded use of
unprogrammed application specific integrated circuits or other
custom-designed integrated circuits manufactured by a supplier
that is not using processes accredited by the Defense
Microelectronics Activity for the purpose of enabling the
Department to access commercial state-of-the-art
microelectronics technology using risk-based quantifiable
assurance security methodology, should--
(A) seek changes to the International Traffic in
Arms Regulations under subchapter M of chapter I of
title 22, Code of Federal Regulations, and Department
of Defense Instruction 5200.44 (relating to protection
of mission critical functions to achieve trusted
systems and networks); and
(B) expand the use of unprogrammed custom-designed
integrated circuits that are not controlled by such
regulations.
(2) Briefing.--Not later than April 1, 2023, the Secretary
of Defense shall provide the congressional defense committees a
briefing on the findings of the Secretary with respect to the
assessment conducted under paragraph (1).
SEC. 220. GOVERNMENT-INDUSTRY-ACADEMIA WORKING GROUP ON
MICROELECTRONICS.
(a) Establishment and Designation.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish a working group to facilitate coordination among
industry, academia, and the Department of Defense on issues of
mutual interest relating to microelectronics as described in
subsection (c).
(2) Designation.--The working group established under
paragraph (1) shall be known as the ``Government-Industry-
Academia Working Group on Microelectronics'' (referred to in
this section as the ``Working Group'').
(b) Composition.--The Working Group shall be composed of
representatives of organizations and elements of the Department of
Defense, industry, and academia.
(c) Scope.--The Secretary shall ensure that the Working Group
supports dialogue and coordination among industry, academia, and the
Department of Defense on the following issues relating to
microelectronics:
(1) Research needs.
(2) Infrastructure needs and shortfalls.
(3) Technical and process standards.
(4) Training and certification needs for the workforce.
(5) Supply chain issues.
(6) Supply chain, manufacturing, and packaging security.
(7) Technology transition issues and opportunities.
(d) Charter and Policies.--Not later than March 1, 2023, the
Secretary of Defense shall develop a charter and issue policies for the
functioning of the Working Group.
(e) Administrative Support.--The joint federation of capabilities
established under section 937 of the National Defense Authorization Act
for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2224 note) shall
provide administrative support to the Working Group.
(f) Rule of Construction.--Nothing in this section shall be
construed to allow the Department of Defense to provide any competitive
advantage to any participant in the Working Group.
(g) Sunset.--The provisions of this section shall terminate on
December 31, 2030.
SEC. 221. TARGET DATE FOR DEPLOYMENT OF 5G WIRELESS BROADBAND
INFRASTRUCTURE AT ALL MILITARY INSTALLATIONS.
(a) Target Required.--Not later than July 30, 2023, the Secretary
of Defense shall--
(1) establish a target date by which the Secretary plans to
deploy 5G wireless broadband infrastructure at all military
installations; and
(2) establish metrics, which shall be identical for each of
the military departments, to measure progress toward reaching
the target required by paragraph (1).
(b) Annual Report.--Not later than December 31, 2023, and on an
annual basis thereafter until the date specified in subsection (c), the
Secretary of Defense shall submit to the congressional defense
committees a report that includes--
(1) the metrics in use pursuant to subsection (a)(2); and
(2) the progress of the Secretary in reaching the target
required by subsection (a)(1).
(c) Termination.--The requirement to submit annual reports under
subsection (b) shall terminate on the date that is five years after the
date of the enactment of this Act.
SEC. 222. OUTREACH TO HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND
OTHER MINORITY-SERVING INSTITUTIONS REGARDING NATIONAL
SECURITY INNOVATION NETWORK PROGRAMS THAT PROMOTE
ENTREPRENEURSHIP AND INNOVATION AT INSTITUTIONS OF HIGHER
EDUCATION.
(a) Pilot Program.--The Under Secretary of Defense for Research and
Engineering, acting through the National Security Innovation Network,
may carry out a pilot program under which the Under Secretary conducts
activities, including outreach and technical assistance, to better
connect historically Black colleges and universities and other
minority-serving institutions to the commercialization, innovation, and
entrepreneurial activities of the Department of Defense.
(b) Briefing.--Not later than one year after commencing a pilot
program under subsection (a), the Under Secretary of Defense for
Research and Engineering shall provide to the congressional defense
committees a briefing on the program, including--
(1) an explanation of--
(A) the results of any outreach efforts conducted
under the pilot program;
(B) the success of the pilot program in expanding
National Security Innovation Network programs to
historically Black colleges and universities and other
minority-serving institutions; and
(C) any potential barriers to the expansion of the
pilot program; and
(2) recommendations for how the Department of Defense can
support historically Black colleges and universities and other
minority-serving institutions to enable such institutions to
successfully participate in Department of Defense
commercialization, innovation, and entrepreneurship programs.
(c) Termination.--The authority to carry out the pilot program
under subsection (a) shall terminate on the date that is five years
after the date of the enactment of this Act.
(d) Definitions.--In this section:
(1) The term ``historically Black college or university''
means a part B institution (as defined in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061)).
(2) The term ``other minority-serving institution'' means
an institution of higher education specified in paragraphs (2)
through (7) of section 371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)).
SEC. 223. REPORT AND PILOT PROGRAM BASED ON RECOMMENDATIONS REGARDING
DEFENSE RESEARCH CAPACITY AT HISTORICALLY BLACK COLLEGES
AND UNIVERSITIES AND OTHER MINORITY-SERVING INSTITUTIONS.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on the
recommendations set forth in the publication of the National
Academies of Sciences, Engineering, and Medicine titled
``Defense Research Capacity at Historically Black Colleges and
Universities and Other Minority Institutions: Transitioning
from Good Intentions to Measurable Outcomes'' and dated April
28, 2022.
(2) Contents.--The report required under paragraph (1)
shall include the following:
(A) With respect to the recommendations and
subrecommendations set forth in the publication
described in paragraph (1)--
(i) a description of each recommendation
and subrecommendation the Secretary has
implemented as of the date of the report;
(ii) a description of each recommendation
and subrecommendation the Secretary has
commenced implementing as of the date of the
report, including a justification for
determining to commence implementing the
recommendation; and
(iii) a description of each recommendation
and subrecommendation the Secretary has not
implemented or commenced implementing as of the
date of the report and a determination as to
whether or not to implement the recommendation.
(B) For each recommendation or subrecommendation
the Secretary determines to implement under
subparagraph (A)(iii)--
(i) a timeline for implementation;
(ii) a description of any additional
resources or authorities required for
implementation; and
(iii) the plan for implementation.
(C) For each recommendation or subrecommendation
the Secretary determines not to implement under
subparagraph (A)(iii), a justification for the
determination not to implement the recommendation.
(3) Format.--The report required under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(b) Program to Implement Report Recommendations and
Subrecommendations.--
(1) Program required.--The Secretary of Defense shall
establish and carry out a program (referred to in this
subsection as the ``Program'') under which the Secretary
carries out activities to increase the capacity of eligible
institutions to achieve very high research activity status.
(2) Considerations.--In establishing the Program the
Secretary shall consider--
(A) the recommendations and subrecommendations to
be implemented under subsection (a);
(B) the extent of nascent research capabilities and
planned research capabilities at eligible institutions
and the relevance of those capabilities to research
areas of interest to the Department of Defense;
(C) recommendations from previous studies for
increasing the level of research activity at eligible
institutions to very high research activity status,
including measurable milestones such as growth in very
high research activity status indicators and other
relevant factors;
(D) how institutions participating in the Program
will evaluate and assess progress toward achieving very
high research activity status;
(E) how such institutions will sustain an increased
level of research activity after the Program
terminates; and
(F) reporting requirements for institutions
participating in the Program.
(3) Consultation.--In designing the Program, the Secretary
may consult with the President's Board of Advisors on
historically Black colleges and universities.
(4) Program activities.--
(A) Activities.--Under the Program, the Secretary
shall carry out activities to build the capacity of
eligible institutions to achieve very high research
activity status, which may include--
(i) activities to support--
(I) faculty professional
development;
(II) stipends for undergraduate and
graduate students and post-doctoral
scholars;
(III) recruitment and retention of
faculty and graduate students;
(IV) the provision of laboratory
equipment and instrumentation;
(V) communication and dissemination
of research products produced during
the Program;
(VI) construction, modernization,
rehabilitation, or retrofitting of
facilities for research purposes; and
(ii) such other activities as the Secretary
determines appropriate.
(B) Identification of priority areas.--The
Secretary shall establish and update, on an annual
basis, a list of research priorities for STEM and
critical technologies appropriate for the Program to
assist eligible institutions in identifying appropriate
areas for research and related activities.
(5) Termination.--The Program shall terminate 10 years
after the date on which the Secretary commences the Program.
(6) Evaluation.--Not later than two years after the date of
the enactment of this Act and every two years thereafter until
the date on which the Program terminates under paragraph (5),
the Secretary shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report
providing an update on the Program, including--
(A) a description of the activities carried out
under the Program;
(B) an analysis of any growth in very high research
activity status indicators of eligible institutions
that participated in the Program; and
(C) emerging research areas of interest to the
Department of Defense that are being pursued by such
institutions.
(7) Report to congress.--Not later than 180 days after the
date on which the program terminates under paragraph (5), the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
Program that includes the following:
(A) An analysis of the growth in very high research
activity status indicators of eligible institutions
that participated in the Program.
(B) An evaluation on the effectiveness of the
Program in increasing the research capacity of such
institutions.
(C) An explanation of how institutions that
achieved very high research activity status plan to
sustain that status after the termination of the
Program.
(D) An evaluation of the maintenance of very high
research status by eligible institutions that
participated in the Program.
(E) An evaluation of the effectiveness of the
Program in increasing the diversity of students
conducting high quality research in unique areas.
(F) Recommendations with respect to further
activities and investments necessary to elevate the
research status of historically Black colleges and
universities and other minority-serving institutions.
(G) Recommendations as to whether the Program
should be renewed or expanded.
(c) Definitions.--In this section:
(1) The term ``eligible institution'' means a historically
Black college or university or other minority-serving
institution that is classified as a high research activity
status institution at the time of participation in the program
under subsection (b).
(2) The term ``high research activity status'' means R2
status, as classified by the Carnegie Classification of
Institutions of Higher Education.
(3) The term ``historically Black college or university''
has the meaning given the term ``part B institution'' under
section 322 of the Higher Education Act of 1965 (20 U.S.C.
1061).
(4) The term ``other minority-serving institution'' means
an institution of higher education specified in paragraphs (2)
through (7) of section 371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)).
(5) The term ``Secretary'' means the Secretary of Defense.
(6) The term ``very high research activity status'' means
R1 status, as classified by the Carnegie Classification of
Institutions of Higher Education.
(7) The term ``very high research activity status
indicators'' means the categories used by the Carnegie
Classification of Institutions of Higher Education to delineate
which institutions have very high activity status, including--
(A) annual expenditures in science and engineering;
(B) per-capita (faculty member) expenditures in
science and engineering;
(C) annual expenditures in non-science and
engineering fields;
(D) per-capita (faculty member) expenditures in
non-science and engineering fields;
(E) doctorates awarded in science, technology,
engineering, and mathematics fields;
(F) doctorates awarded in social science fields;
(G) doctorates awarded in the humanities;
(H) doctorates awarded in other fields with a
research emphasis;
(I) total number of research staff including
postdoctoral researchers;
(J) other doctorate-holding non-faculty researchers
in science and engineering and per-capita (faculty)
number of doctorate-level research staff including
post-doctoral researchers; and
(K) other categories utilized to determine
classification.
SEC. 224. PILOT PROGRAM TO SUPPORT THE DEVELOPMENT OF PATENTABLE
INVENTIONS IN THE DEPARTMENT OF THE NAVY.
(a) In General.--The Secretary of the Navy may carry out a pilot
program to expand the support available to covered personnel who seek
to engage in the development of patentable inventions that--
(1) have applicablity to the job-related functions of such
personnel; and
(2) may have applicability in the civilian sector.
(b) Activities.--As part of the pilot program under subsection (a),
the Secretary of the Navy may--
(1) expand outreach to covered personnel regarding the
availability of patent-related training, legal assistance, and
other support for personnel interested in developing patentable
inventions;
(2) expand the availability of patent-related training to
covered personnel, including by making such training available
online;
(3) clarify and issue guidance detailing how covered
personnel, including personnel outside of the laboratories and
other research organizations of the Department of the Navy,
may--
(A) seek and receive support for the development of
patentable inventions; and
(B) receive a portion of any royalty or other
payment as an inventor or coinventor such as may be due
under section 14(a)(1)(A)(i) of the Stevension-Wylder
Technology Innovation Act of 1980 (15 U.S.C.
3710c(a)(1)(A)(i)); and
(4) carry out other such activities as the Secretary
determines appropriate in accordance with the purposes of the
pilot program.
(c) Termination.--The authority to carry out the pilot program
under subsection (a) shall terminate three years after the date of the
enactment of this Act.
(d) Definitions.--In this section:
(1) The term ``covered personnel'' means members of the
Navy and Marine Corps and civilian employees of the Department
of the Navy, including members and employees whose primary
duties do not involve research and development.
(2) The term ``patentable invention'' means an invention
that is patentable under title 35, United States Code.
SEC. 225. PILOT PROGRAM TO FACILITATE THE DEVELOPMENT OF BATTERY
TECHNOLOGIES FOR WARFIGHTERS.
(a) Establishment.--
(1) In general.--The Secretary of Defense may establish and
carry out a pilot program to assess the feasibility and
advisability of providing support to battery producers--
(A) to facilitate the research and development of
safe and secure battery technologies for existing and
new or novel battery chemistry configurations,
including through the research and development of new
or updated manufacturing processes and technologies;
(B) to assess commercial battery offerings within
the marketplace for viability and utility for
warfighter applications; and
(C) to transition battery technologies, including
technologies developed under other pilot programs,
prototype projects, or other research and development
programs, from the prototyping phase to manufacturing
production.
(2) Designation.--The pilot program established under
paragraph (1) shall be known as the ``Warfighter Electric
Battery Transition Project'' (referred to in this section as
the ``Project'').
(3) Administration.--The Under Secretary of Defense for
Research and Engineering shall administer the Project.
(b) Grants, Contracts, and Other Agreements.--The Secretary of
Defense may carry out the Project through the award of support, as
described in subsection (a)(1), in the form of grants to, or contracts
or other agreements with, battery producers.
(c) Coordination.--The Secretary of Defense shall ensure that
activities under the Project are coordinated with the Strategic
Environmental Research and Development Program under section 2901 of
title 10, United States Code.
(d) Use of Grant and Contract Amounts.--A battery producer who
receives a grant, contract, or other agreement under the Project may
use the amount of the grant, contract, or other agreement to carry out
one or more of the following activities:
(1) Conducting research and development to validate new or
novel battery chemistry configurations, including through--
(A) experimentation;
(B) prototyping;
(C) testing;
(D) adapting battery technology to integrate with
other technologies and systems; or
(E) addressing manufacturing or other production
challenges.
(2) Providing commercially available battery technologies
to each Secretary of a military department and the commanders
of the combatant commands to support utility assessments or
other testing by warfighters.
(3) Expanding, validating, or assessing battery recycling
capabilities that may provide operational utility to the
Department of Defense.
(4) Building and strengthening relationships of the
Department of Defense with nontraditional defense contractors
in the technology industry that may have unused or underused
solutions to specific operational challenges of the Department
relating to battery technology.
(e) Priority of Awards.--In awarding grants, contracts, or other
agreements under the Project, the Secretary shall give preference to
battery producers that meet one or more of the following criteria:
(1) The producer manufactures, designs, or develops battery
cells, packs, modules, or other related capabilities in the
United States.
(2) The producer manufactures, designs, or develops battery
cells, packs, modules, or other related capabilities in the
national technology and industrial base (as defined in section
4801 of title 10, United States Code).
(3) The technology made available by the producer provides
modularity to support diverse applications.
(4) The technology made available by the producer
facilitates safety in tactical and combat applications by using
battery chemistries and configurations that reduce thermal
runaway and minimize oxygen liberation.
(5) The producer demonstrates new or novel battery
chemistry configurations, safety characteristics, or form-
factor configurations.
(6) The producer facilitates the domestic supply chain for
raw materials needed for battery production.
(7) The producer offers battery-related commercial products
or commercial services.
(f) Planning, Reporting and Data Collection.--
(1) Plan required before implementation.--
(A) In general.--The Secretary of Defense may not
commence the Project until the Secretary has completed
a plan for the implementation of the Project.
(B) Elements.--The plan under subparagraph (A)
shall provide for--
(i) collecting, analyzing, and retaining
Project data;
(ii) developing and sharing best practices
for achieving the objectives of the Project;
(iii) identification of any policy or
regulatory impediments inhibiting the execution
of the Project; and
(iv) sharing results from the Project
across the Department of Defense and with other
departments and agencies of the Federal
Government and Congress.
(C) Submittal to congress.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional
defense committees the implementation plan developed
under subparagraph (A).
(2) Final report.--Not later than one year after the date
on which the Project terminates under subsection (g), the
Secretary of Defense shall submit to the congressional defense
committees a final report on the results of the Project. Such
report shall include--
(A) a summary of the objectives achieved by the
Project; and
(B) recommendations regarding the steps that may be
taken to promote battery technologies that are not
dependent on foreign competitors to meet the needs of
the Armed Forces.
(g) Termination.--The authority to carry out the Project shall
terminate on December 31, 2028.
Subtitle C--Plans, Reports, and Other Matters
SEC. 231. MODIFICATION TO ANNUAL REPORTS OF THE DIRECTOR OF OPERATIONAL
TEST AND EVALUATION.
Section 139(h)(3) of title 10, United States Code, is amended--
(1) by inserting ``or controlled unclassified'' after
``classified''; and
(2) by striking ``submit an unclassified version of the
report to Congress'' and inserting ``submit to Congress a
version of the report that is unclassified and does not require
safeguarding or dissemination controls''.
SEC. 232. EXTENSION OF REQUIREMENT FOR QUARTERLY BRIEFINGS ON STRATEGY
FOR FIFTH GENERATION INFORMATION AND COMMUNICATIONS
TECHNOLOGIES.
Section 254(d)(1) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 4571 note) is amended,
in the matter preceding subparagraph (A), by striking ``March 15,
2022'' and inserting ``December 1, 2026''.
SEC. 233. PLAN FOR INVESTMENTS TO SUPPORT THE DEVELOPMENT OF NOVEL
PROCESSING APPROACHES FOR DEFENSE APPLICATIONS.
(a) Investment Plans Required.--Not later than November 1, 2023,
and not less frequently than once every three years thereafter until
December 31, 2035, the Secretary of Defense shall submit to the
congressional defense committees a plan for making investments to
support the development of novel processing approaches for defense
applications.
(b) Elements.--Each investment plan required by subsection (a)
shall--
(1) identify any investments the Secretary has made, and
any future investments the Secretary intends to make, in
research and technology development to support the use and
fielding of novel processing approaches for defense
applications;
(2) identify any investments the Secretary has made, and
any future investments the Secretary intends to make, to
accelerate the development of novel processing approaches for
defense applications, including investments in--
(A) personnel and workforce capabilities;
(B) facilities and infrastructure to host systems
utilizing novel processing approaches;
(C) algorithm developments necessary to expand the
functionality of each novel processing approach;
(D) other Federal agencies and federally funded
laboratories; and
(E) appropriate international and commercial sector
organizations and activities;
(3) describe mechanisms to coordinate and leverage
investments in novel processing approaches within the
Department and with non-Federal partners;
(4) describe the technical goals to be achieved and
capabilities to be developed under the plan; and
(5) include recommendations for such legislative or
administration actions as may support the effective execution
of the investment plan.
(c) Form.--Each plan submitted under subsection (a) shall be
submitted in such form as the Secretary considers appropriate, which
may include classified, unclassified, and publicly releasable formats.
(d) Novel Processing Approaches Defined.--In this section, the term
``novel processing approaches'' means--
(1) emerging techniques in computation, such as
biocomputing, exascale computing, utility scale quantum
computing; and
(2) associated algorithm and hardware development needed to
implement such techniques.
SEC. 234. PLANS TO ACCELERATE THE TRANSITION TO 5G INFORMATION AND
COMMUNICATIONS TECHNOLOGY WITHIN THE MILITARY
DEPARTMENTS.
(a) Three-year Transition Plan Required.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, each Assistant Secretary concerned
shall develop and submit to the congressional defense
committees a plan that specifies--
(A) the extent to which fifth generation
information and communications technology (5G)
infrastructure is expected to be implemented in the
military department of the Assistant Secretary by the
end of the three-year period following the date of the
enactment of this Act; and
(B) how the implementation of such technology is
expected to be achieved during such period.
(2) Elements.--Each plan required under paragraph (1) shall
include--
(A) an operational needs assessment that identifies
the highest priority areas in which the Assistant
Secretary intends to implement fifth generation
information and communications technologies during the
three-year period described in paragraph (1);
(B) an explanation of--
(i) whether and to what extent the
Assistant Secretary intends to use an open
radio access network approach in implementing
fifth generation information and communications
technologies in the areas identified under
subparagraph (A); and
(ii) if the Assistant Secretary does not
intend to use such an open radio access network
approach, an explanation of the reasons for
such determination;
(C) an investment plan that includes funding
estimates, by fiscal year and appropriation account, to
accelerate--
(i) the maturation and acquisition of fifth
generation information and communications
capabilities that use the open radio access
network approach; and
(ii) the deployment of such capabilities in
the facilities and systems of the military
department concerned;
(D) metrics and reporting mechanisms to ensure
progress in achieving the objectives of the plan within
the three-year period described in paragraph (1);
(E) identification and designation of a single
point of contact at each military installation and
within each armed force under the jurisdiction of the
military department concerned to facilitate the
deployment of fifth generation information and
communications technologies;
(F) actions the Assistant Secretary intends to
carry out to streamline the process for establishing
fifth generation wireless coverage at military
installations, including actions to reduce delays
caused by policies and processes relating to
contracting, communications, and the use of real
property;
(G) identification of investments that are required
to support the transition to fifth generation
information and communications technology that uses an
open radio access network approach; and
(H) such other matters as the Assistant Secretary
considers appropriate.
(3) Coordination.--In developing the plans required under
paragraph (1), each Assistant Secretary concerned shall
coordinate with--
(A) the Chief Information Officer of the Department
of Defense;
(B) and the Under Secretary of Defense for
Acquisition and Sustainment; and
(C) the Under Secretary of Defense for Research and
Engineering.
(4) Form of plan.--Each plan required under paragraph (1)
shall be submitted in unclassified form.
(b) Cross-functional Team Assessment.--
(1) Assessment and briefing required.--After all of the
plans required by subsection (a)(1) have been submitted in
accordance with such subsection and not later than 150 days
after the date of the enactment of this Act, the cross-
functional team established pursuant to section 224(c)(1) of
the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 4571
note) shall assess such plans and provide to the congressional
defense committees a briefing on the findings of the team with
respect to such assessment.
(2) Elements.--The briefing provided under paragraph (1)
shall include the following:
(A) Recommendations to further accelerate the
deployment of fifth-generation information and
communications technologies that use the open radio
access network approach across the Department of
Defense.
(B) Recommendations to standardize and streamline
the process for establishing fifth generation wireless
coverage at military installations, including
recommendations for reducing delays caused by policies
and processes relating to contracting, communications,
and the use of real property.
(C) A plan for the inclusion of representatives of
the Department of Defense in international wireless
standards-setting bodies.
(D) Such other matters as the cross-functional team
described in paragraph (1) considers appropriate.
(c) Definitions.--In this section:
(1) The term ``Assistant Secretary concerned'' means--
(A) the Assistant Secretary of the Army for
Acquisition, Logistics, and Technology, with respect to
matters concerning the Department of the Army;
(B) the Assistant Secretary of the Navy for
Research, Development, and Acquisition, with respect to
matters concerning the Department of the Navy; and
(C) the Assistant Secretary of the Air Force for
Acquisition, Technology, and Logistics, with respect to
matters concerning the Department of the Air Force.
(2) The term ``open radio access network approach'' means
an approach to networking, such as the Open Radio Access
Network (commonly known as ``Open RAN''), that uses open
protocols and interfaces within a network so that components
provided by different vendors can be interoperable.
SEC. 235. PLAN FOR DEFENSE ADVANCED RESEARCH PROJECTS AGENCY INNOVATION
FELLOWSHIP PROGRAM.
(a) In General.--The Director of the Defense Advanced Research
Projects Agency shall develop a plan for the establishment of a
fellowship program (to be known as the ``Innovation Fellowship
Program'') to expand opportunities for early career scientists to
participate in the programs, projects, and other activities of the
Agency.
(b) Elements.--In developing the plan under subsection (a), the
Director of the Defense Advanced Research Projects Agency shall--
(1) review the types of programs, projects, and other
activities of the Agency that may be open to participation from
early career scientists to identify opportunities for the
expansion of such participation;
(2) identify criteria for evaluating applicants to the
fellowship program described in subsection (a);
(3) establish detailed plans for the implementation of the
fellowship program;
(4) conduct an assessment of the potential costs of the
fellowship program;
(5) define eligibility requirements for participants in the
fellowship program; and
(6) address such other matters as the Director determines
appropriate.
(c) Submittal to Congress.--Not later than 180 days after the date
of the enactment of this Act, the Director of the Defense Advanced
Research Projects Agency shall submit to the congressional defense
committee a report that includes--
(1) the plan developed under subsection (a); and
(2) recommendations for expanding opportunities for early
career scientists to participate in the programs, projects, and
other activities of the Agency.
(d) Early Career Scientist Defined.--The term ``early career
scientist'' means a scientist who is in an early stage of career
development according to criteria determined by the Director of the
Defense Advanced Research Projects Agency for purposes of this section.
SEC. 236. STRATEGY AND PLAN FOR FOSTERING AND STRENGTHENING THE DEFENSE
INNOVATION ECOSYSTEM.
(a) Strategy and Implementation Plan Required.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Defense, acting through the Under Secretary of Defense for Research and
Engineering, shall develop--
(1) a strategy fostering and strengthening the defense
innovation ecosystem; and
(2) a plan for implementing such strategy.
(b) Purposes.--
(1) Strategy.--The purpose of the strategy required by
subsection (a)(1) is to provide a framework for identifying,
assessing, and tracking innovation ecosystems that are
beneficial to advancing the defense, national security, and
warfighting missions of the Department of Defense.
(2) Implementation plan.--The purpose of the implementation
plan required by subsection (a)(2) is to provide--
(A) concrete steps and measures of effectiveness to
gauge the effect of the innovation ecosystems described
in paragraph (1) on the Department; and
(B) a means for assessing the effectiveness of the
strategy developed under subsection (a)(1), including
the approaches taken by the Department to grow, foster,
and sustain such innovation ecosystems.
(c) Elements.--The strategy and the implementation plan required by
subsection (a) shall include the following elements:
(1) A process for defining, assessing, and selecting
innovation ecosystems with potential to provide benefit to the
Department of Defense.
(2) Metrics for measuring the performance and health of
innovation ecosystems being supported by the Department,
including identification of criteria to determine when to
support or cease supporting identified ecosystems.
(3) Identification of the authorities and Department of
Defense research, development, test, and evaluation assets that
can be used to identify, establish, sustain, and expand
innovation ecosystems.
(4) For each innovation ecosystem supported by the
Department--
(A) a description of the core competencies or focus
areas of the ecosystem;
(B) identification of any organizations or elements
of the Department that engage with the ecosystem;
(C) identification of the private sector assets
that are being used to support, sustain, and expand the
identified innovation ecosystem; and
(D) a description of any challenges and successes
associated with such ecosystem.
(5) Such other elements as the Secretary considers
appropriate.
(d) Interim Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
congressional defense committees a briefing on the strategy and
implementation plan developed under subsection (a).
(e) Submittal of Strategy and Plan.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees the strategy and
implementation plan developed under subsection (a).
(f) Quadrennial Updates.--Not later than March 1, 2027, and not
less frequently than once ever four years thereafter until December 31,
2039, the Secretary shall--
(1) update the strategy and plan developed under subsection
(a); and
(2) submit the updated strategy and plan to the
congressional defense committees.
(g) Definitions.--In this section:
(1) The term ``Department of Defense research, development,
test, and evaluation assets'' includes the following:
(A) The Department of Defense science and
technology reinvention laboratories designated under
section 4121 of title 10, United States Code.
(B) The Major Range and Test Facility Base (as
defined in section 4173(i) of such title).
(C) Department of Defense sponsored manufacturing
innovation institutes.
(D) The organic industrial base.
(E) Defense Agencies and Department of Defense
Field Activities (as defined in section 101(a) of title
10, United States Code) that carry out activities using
funds appropriated for research, development, test, and
evaluation.
(F) Any other organization or element of the
Department of Defense that carries out activities using
funds appropriated for research, development, test, and
evaluation.
(2) The term ``innovation ecosystem'' refers to a
regionally based network of private sector, academic, and
government institutions in a network of formal and informal
institutional relationships that contribute to technological
and economic development in a defined technology sector or
sectors.
SEC. 237. ASSESSMENT AND STRATEGY RELATING TO HYPERSONIC TESTING
CAPACITY OF THE DEPARTMENT OF DEFENSE.
(a) Assessment.--The Secretary of Defense shall assess the capacity
of the Department of Defense to test, evaluate, and qualify the
hypersonic capabilities and related technologies of the Department.
(b) Elements.--The assessment under subsection (a) shall include
the following:
(1) An assumption, for purposes of evaluating the capacity
described in subsection (a), that the Department of Defense
will conduct at least one full-scale, operationally relevant,
live-fire, hypersonic weapon test of each hypersonic weapon
system that is under development each year by each of the Air
Force, the Army, and the Navy, once such system reaches initial
operational capability.
(2) An identification of test facilities outside the
Department of Defense that have potential to be used to expand
the capacity described in subsection (a), including test
facilities of other departments and agencies of the Federal
Government, academia, and commercial test facilities.
(3) An analysis of the capability of each test facility
identified under paragraph (2) to simulate various individual
and coupled hypersonic conditions to accurately simulate a
realistic flight-like environment with all relevant aero-
thermochemical conditions.
(4) An identification of the coordination, scheduling,
reimbursement processes, and requirements needed for the
potential use of test facilities of other departments and
agencies of the Federal Government, as available.
(5) An analysis of the test frequency, scheduling lead
time, test cost, and capacity of each test facility identified
under paragraph (2).
(6) A review of test facilities identified under paragraph
(2) that could enhance efforts to test flight vehicles of the
Department in all phases of hypersonic flight, and other
technologies, including sensors, communications, thermal
protective shields and materials, optical windows, navigation,
and environmental sensors.
(7) An assessment of any cost savings and time savings that
could result from using technologies identified in the strategy
under subsection (c).
(c) Strategy.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a strategy
to coordinate the potential use of test facilities and ranges
identified under subsection (b)(2) to evaluate hypersonic
technologies.
(2) Elements.--The strategy under paragraph (1) shall--
(A) be based on the assessment under subsection
(a);
(B) address how the Secretary will coordinate with
other departments and agencies of the Federal
Government, including the National Aeronautics and
Space Administration, to plan for and schedule the
potential use of other Federal Government-owned test
facilities and ranges, as available, to evaluate the
hypersonic technologies of the Department of Defense;
(C) to the extent practicable, address in what
cases the Secretary can use test facilities identified
under subsection (b)(2) to fill any existing testing
requirement gaps to enhance and accelerate flight
qualification of critical hypersonic technologies of
the Department;
(D) identify--
(i) the resources needed to improve the
frequency and capacity for testing hypersonic
technologies of the Department at ground-based
test facilities and flight test ranges,
including estimated costs for conducting at
least one full-scale, operationally relevant,
live-fire, hypersonic weapon test of each
hypersonic weapon system that is under
development each year by each of the Air Force,
the Army, and the Navy, once such system
reaches initial operational capability;
(ii) the resources needed to reimburse
other departments and agencies of the Federal
Government for the use of the test facilities
and ranges of those departments or agencies to
test the hypersonics technologies of the
Department;
(iii) the requirements, approval processes,
and resources needed to enhance, as
appropriate, the testing capabilities and
capacity of other Federal Government-owned test
facilities and flight ranges, in coordination
with the heads of the relevant departments and
agencies;
(iv) investments that the Secretary can
make to incorporate test facilities identified
under subsection (b)(2) into the overall
hypersonic test infrastructure of the
Department of Defense; and
(v) the environmental conditions, testing
sizes, and duration required for flight
qualification of both hypersonic cruise and
hypersonic boost-glide technologies of the
Department; and
(E) address all advanced or emerging technologies
that could shorten timelines and reduce costs for
hypersonic missile testing, including with respect to--
(i) 3D printing of hypersonic test missile
components including the frame, warhead, and
propulsion systems;
(ii) reusable hypersonic test beds,
including air-launched, sea-launched, and
ground-launched options;
(iii) additive manufacturing solutions;
(iv) the potential use of airborne
platforms other than the B-52 aircraft to
improve flight schedules for such testing; and
(v) other relevant technologies.
(3) Coordination.--The Secretary of Defense shall develop
the strategy under paragraph (1) in coordination with the
Program Director of the Joint Hypersonics Transition Office,
the Administrator of the National Aeronautics and Space
Administration, the research laboratories of the military
departments, and the Department of Defense Test Resource
Management Center.
(d) Report on Estimated Costs of Conducting a Minimum Frequency of
Hypersonic Weapons Testing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report that includes an estimate
of the costs of conducting at least one full-scale, operationally
relevant, live-fire, hypersonic weapon test of each hypersonic weapon
system that is under development each year by each of the Air Force,
the Army, and the Navy, once such system reaches initial operational
capability.
(e) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
SEC. 238. ANNUAL REPORT ON STUDIES AND REPORTS OF FEDERALLY FUNDED
RESEARCH AND DEVELOPMENT CENTERS.
(a) Annual Report Required.--On an annual basis, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report that identifies and provides
information about the studies and reports undertaken for the Department
of Defense by federally funded research and development centers.
(b) Elements.--Each report submitted under subsection (a) shall set
forth the following:
(1) A list identifying each study and report undertaken by
a federally funded research center for the Department of
Defense--
(A) that has been completed during the period
covered by the report under subsection (a); or
(B) that is in progress as of the date of the
report under subsection (a).
(2) For each study and report listed under paragraph (1),
the following:
(A) The title of the study or report.
(B) The federally funded research and development
center undertaking the study or report.
(C) The amount of funding provided to the federally
funded research and development center under the
contract or other agreement pursuant to which the study
or report is being produced or conducted.
(D) The completion date or anticipated completion
date of the study or report.
(c) Exceptions.--The report required by subsection (a) shall not
apply to the following:
(1) Classified reports or studies.
(2) Technical reports associated with scientific research
or technical development activities.
(3) Any report or study undertaken pursuant to a contract
or other agreement between a federally funded research and
development center and an entity outside the Department of
Defense.
(4) Reports or studies that are in draft form or that have
not undergone a peer-review or prepublication security review
process established by the federally funded research and
development center concerned.
(d) Special Rule.--Each report under subsection (a) shall be
generated using the products and processes generated pursuant to
section 908 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C.
111 note).
(e) Termination.--The requirement to submit annual reports under
subsection (a) shall terminate on the date that is three years after
the date of the enactment of this Act.
SEC. 239. REPORT ON RECOMMENDATIONS FROM ARMY FUTURES COMMAND RESEARCH
PROGRAM REALIGNMENT STUDY.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army shall submit to the
congressional defense committees a report on the recommendations set
forth in the publication of the National Academies of Sciences,
Engineering, and Medicine titled ``Consensus Study Report: U.S. Army
Futures Command Research Program Realignment'' and dated April 23,
2022.
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) A description of each recommendation described in such
subsection that has already been implemented.
(2) A description of each recommendation described in such
subsection that the Secretary has commenced implementing,
including a justification for determining to commence
implementing the recommendation.
(3) A description of each recommendation described in such
subsection that the Secretary has not implemented or commenced
implementing and a determination as to whether or not to
implement the recommendation.
(4) For each recommendation under paragraph (3) the
Secretary determines to implement, the following:
(A) A timeline for implementation.
(B) A description of any additional resources or
authorities required for implementation.
(C) The plan for implementation.
(5) For each recommendation under paragraph (3) the
Secretary determines not to implement, a justification for the
determination not to implement.
(c) Format.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 240. REPORT ON POTENTIAL FOR INCREASED UTILIZATION OF THE
ELECTRONIC PROVING GROUNDS TESTING RANGE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Chair of the Electronic Warfare Executive Committee of the Department
of Defense, shall submit to the congressional defense committees a
report on the Electronic Proving Grounds testing range located at Fort
Huachuca, Arizona.
(b) Elements.--The report under subsection (a) shall address--
(1) the amount and types of testing activities conducted at
the Electronic Proving Grounds testing range;
(2) any shortfalls in the facilities and equipment of the
range;
(3) the capacity of the range to be used for additional
testing activities;
(4) the possibility of using the range for the testing
activities of other Armed Forces, Federal agencies, and
private-sector entities in the United States;
(5) the capacity of the range to be used for realistic
electronic warfare training;
(6) electronic warfare training shortfalls at domestic
military installations generally; and
(7) the feasibility and advisability of providing a
dedicated training area for electronic warfare capabilities.
(c) Consultation.--In preparing the report under subsection (a),
the Chair of the Electronic Warfare Executive Committee shall consult
with the following:
(1) The Under Secretary of Defense for Research and
Engineering.
(2) The Chief Information Officer of the Department of
Defense.
(3) The Director of Operational Test and Evaluation of the
Department of Defense.
(4) The Commander of the United States Strategic Command.
(5) The Secretary of the Army.
(6) The Electromagnetic Spectrum Operations Cross-
Functional Team established pursuant to section 911(c) of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 10 U.S.C. 111 note).
(7) The governments of Cochise County and Sierra Vista,
Arizona.
SEC. 241. STUDY ON COSTS ASSOCIATED WITH UNDERPERFORMING SOFTWARE AND
INFORMATION TECHNOLOGY.
(a) Study Required.--The Secretary of Defense shall seek to enter
into a contract or other agreement with an eligible entity to conduct
an independent study on the challenges associated with the use of
software and information technology in the Department of Defense, the
effects of such challenges, and potential solutions to such challenges.
(b) Elements.--The independent study conducted under subsection (a)
shall include the following:
(1) A survey of members of each Armed Force under the
jurisdiction of a Secretary of a military department to
identify the most important software and information technology
challenges that result in lost working hours, including--
(A) an estimate of the number of working hours lost
due to each challenge and the cost of such lost working
hours;
(B) the effects of each challenge on servicemember
and employee retention; and
(C) any negative effects of each challenge on a
mission of the Armed Force or military department
concerned.
(2) A summary of the policy or technical challenges that
limit the ability of each Secretary of a military department to
implement needed software and information technology reforms,
which shall be determined based on interviews conducted with
individuals who serve as a chief information officer (or an
equivalent position) in a military department.
(3) Development of a framework for assessing
underperforming software and information technology, with an
emphasis on foundational information technology to standardize
the measurement and comparison of programs across the
Department of Defense and its component organizations. Such a
framework shall enable the assessment of underperforming
software and information technology based on--
(A) designs, interfaces, and functionality which
prioritize user experience and efficacy;
(B) costs due to lost productivity;
(C) reliability and sustainability;
(D) comparisons between--
(i) outdated or outmoded information
technologies, software, and applications; and
(ii) modern information technologies,
software, and applications;
(E) overhead costs for software and information
technology in the Department compared to the overhead
costs for comparable software and information
technology in the private sector;
(F) comparison of the amounts the Department
planned to expend on software and information
technology services versus the amounts actually spent
for such software and services;
(G) the mean amount of time it takes to resolve
technical problems reported by users;
(H) the average rate, expressed in time, for
remediating or patching weaknesses or flaws in
information technologies, software, and applications;
(I) workforce training time; and
(J) customer satisfaction.
(4) The development of recommendations--
(A) to address the challenges identified under
paragraph (1); and
(B) to improve the processes through which the
Secretary provides software and information technology
throughout the Department, including through--
(i) business processes reengineering;
(ii) improvement of procurement or
sustainment processes;
(iii) remediation of hardware and software
technology gaps; and
(iv) the development of more detailed and
effective cost estimates.
(c) Report Required.--Not later than one year after the date of the
enactment of this Act, the eligible entity that conducts the study
under subsection (a) shall submit to the Secretary of Defense and the
congressional defense committees a report on the results of such study.
(d) Definitions.--In this section:
(1) The term ``eligible entity'' means an independent
entity not under the direction or control of the Secretary of
Defense, which may include a department or agency of the
Federal Government outside the Department of Defense.
(2) The term ``software and information technology'' does
not include embedded software and information technology used
for weapon systems.
SEC. 242. STUDY AND REPORT ON SUFFICIENCY OF OPERATIONAL TEST AND
EVALUATION RESOURCES SUPPORTING CERTAIN MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Study.--The Director of Operational Test and Evaluation of the
Department of Defense shall conduct a study of at least one major
defense acquisition program within each covered Armed Force to
determine the sufficiency of the operational test and evaluation
resources supporting such program.
(b) Elements.--The study under subsection (a) shall include, with
respect to each major defense acquisition program evaluated as part of
the study, the following:
(1) Identification and assessment of the operational test
and evaluation resources supporting the program--
(A) as of the date of the study;
(B) during the five-year period preceding the date
of the study; and
(C) over the period covered by the most recent
future-years defense program submitted to Congress
under section 221 of title 10, United States Code.
(2) For any operational test and evaluation resources
determined to be insufficient to meet the needs of the program,
an evaluation of the amount of additional funding and any other
support that may be required to ensure the sufficiency of such
resources.
(3) The amount of Government-funded, contractor-provided
operational test and evaluation resources--
(A) provided for the program as of the date of the
study; and
(B) that are planned to be provided for the program
after such date.
(4) Such other matters as the Director of Operational Test
and Evaluation determines to be relevant to the study.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Director of Operational Test and Evaluation
shall submit to the congressional defense committees a report on the
results of the study conducted under subsection (a).
(d) Definitions.--In this section:
(1) The term ``covered Armed Force'' means the Army, the
Navy, the Marine Corps, the Air Force, and the Space Force.
(2) The term ``major defense acquisition program'' has the
meaning given that term in section 4201 of title 10, United
States Code.
(3) The term ``operational test and evaluation resources''
means the facilities, specialized test assets, schedule,
workforce, and any other resources supporting operational test
and evaluation activities under a major defense acquisition
program.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Center for Excellence in Environmental Security.
Sec. 312. Participation in pollutant banks and water quality trading.
Sec. 313. Consideration under Defense Environmental Restoration Program
for State-owned facilities of the National
Guard with proven exposure of hazardous
substances and waste.
Sec. 314. Renewal of annual environmental and energy reports of
Department of Defense.
Sec. 315. Aggregation of energy conservation measures and funding.
Sec. 316. Additional special considerations for energy performance
goals and energy performance master plan.
Sec. 317. Purchase or lease of electric, zero emission, advanced-
biofuel-powered, or hydrogen-powered
vehicles for the Department of Defense.
Sec. 318. Clarification and requirement for Department of Defense
relating to renewable biomass and biogas.
Sec. 319. Programs of military departments on reduction of fuel
reliance and promotion of energy-aware
behaviors.
Sec. 320. Establishment of joint working group to determine joint
requirements for future operational energy
needs of Department of Defense.
Sec. 321. Amendment to budgeting of Department of Defense relating to
extreme weather.
Sec. 322. Prototype and demonstration projects for energy resilience at
certain military installations.
Sec. 323. Pilot program for development of electric vehicle charging
solutions to mitigate grid stress.
Sec. 324. Pilot program on use of sustainable aviation fuel.
Sec. 325. Policy to increase disposition of spent advanced batteries
through recycling.
Sec. 326. Guidance and target goal relating to formerly used defense
sites programs.
Sec. 327. Analysis and plan for addressing heat island effect on
military installations.
Sec. 328. Limitation on replacement of non-tactical vehicle fleet of
Department of Defense with electric
vehicles, advanced-biofuel-powered
vehicles, or hydrogen-powered vehicles.
Subtitle C--Red Hill Bulk Fuel Storage Facility
Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility.
Sec. 332. Authorization of closure of underground storage tank system
at Red Hill Bulk Fuel Storage Facility.
Sec. 333. Report on bulk fuel requirements applicable to United States
Indo-Pacific Command.
Sec. 334. Placement of sentinel or monitoring wells in proximity to Red
Hill Bulk Fuel Storage Facility.
Sec. 335. Studies relating to water needs of the Armed Forces on Oahu.
Sec. 336. Study on alternative uses for Red Hill Bulk Fuel Storage
Facility.
Sec. 337. Briefing on Department of Defense efforts to track health
implications of fuel leaks at Red Hill Bulk
Fuel Storage Facility.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 341. Department of Defense research relating to perfluoroalkyl or
polyfluoroalkyl substances.
Sec. 342. Increase of transfer authority for funding of study and
assessment on health implications of per-
and polyfluoroalkyl substances
contamination in drinking water by Agency
for Toxic Substances and Disease Registry.
Sec. 343. Prizes for development of non-PFAS-containing turnout gear.
Sec. 344. Modification of limitation on disclosure of results of
testing for perfluoroalkyl or
polyfluoroalkyl substances on private
property.
Sec. 345. Restriction on procurement or purchasing by Department of
Defense of turnout gear for firefighters
containing perfluoroalkyl substances or
polyfluoroalkyl substances.
Sec. 346. Annual report on PFAS contamination at certain military
installations from sources other than
aqueous film-forming foam.
Sec. 347. Report on critical PFAS uses; briefings on Department of
Defense procurement of certain items
containing PFOS or PFOA.
Subtitle E--Logistics and Sustainment
Sec. 351. Resources required for achieving materiel readiness metrics
and objectives for major defense
acquisition programs.
Sec. 352. Annual plan for maintenance and modernization of naval
vessels.
Sec. 353. Inclusion of information regarding joint medical estimates in
readiness reports.
Sec. 354. Inapplicability of advance billing dollar limitation for
relief efforts following major disasters or
emergencies.
Sec. 355. Repeal of Comptroller General review on time limitations on
duration of public-private competitions.
Sec. 356. Implementation of Comptroller General recommendations
regarding Shipyard Infrastructure
Optimization Plan of the Navy.
Sec. 357. Limitation on availability of funds for military information
support operations.
Sec. 358. Notification of modification to policy regarding retention
rates for Navy ship repair contracts.
Sec. 359. Research and analysis on capacity of private shipyards in
United States and effect of those shipyards
on Naval fleet readiness.
Sec. 360. Independent study relating to fuel distribution logistics
across United States Indo-Pacific Command.
Sec. 361. Quarterly briefings on expenditures for establishment of fuel
distribution points in United States Indo-
Pacific Command area of responsibility.
Subtitle F--Matters Relating to Depots and Ammunition Production
Facilities
Sec. 371. Budgeting for depot and ammunition production facility
maintenance and repair: annual report.
Sec. 372. Extension of authorization of depot working capital funds for
unspecified minor military construction.
Sec. 373. Five-year plans for improvements to depot and ammunition
production facility infrastructure.
Sec. 374. Modification to minimum capital investment for certain
depots.
Sec. 375. Continuation of requirement for biennial report on core
depot-level maintenance and repair.
Sec. 376. Continuation of requirement for annual report on funds
expended for performance of depot-level
maintenance and repair workloads.
Sec. 377. Clarification of calculation for certain workload carryover
of Department of the Army.
Subtitle G--Other Matters
Sec. 381. Annual reports by Deputy Secretary of Defense on activities
of Joint Safety Council.
Sec. 382. Accountability for Department of Defense contractors using
military working dogs.
Sec. 383. Membership of Coast Guard on Joint Safety Council.
Sec. 384. Inclusion in report on unfunded priorities National Guard
responsibilities in connection with natural
and man-made disasters.
Sec. 385. Support for training of National Guard personnel on wildfire
prevention and response.
Sec. 386. Interagency collaboration and extension of pilot program on
military working dogs and explosives
detection.
Sec. 387. Amendment to the Sikes Act.
Sec. 388. National standards for Federal fire protection at military
installations.
Sec. 389. Pilot programs for tactical vehicle safety data collection.
Sec. 390. Requirements relating to reduction of out-of-pocket costs of
members of the Armed Forces for uniform
items.
Sec. 391. Implementation of recommendations relating to animal facility
sanitation and plan for housing and care of
horses.
Sec. 392. Continued designation of Secretary of the Navy as executive
agent for Naval Small Craft Instruction and
Technical Training School.
Sec. 393. Prohibition on use of funds for retirement of legacy maritime
mine countermeasures platforms.
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2023
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4301.
Subtitle B--Energy and Environment
SEC. 311. CENTER FOR EXCELLENCE IN ENVIRONMENTAL SECURITY.
Chapter 7 of title 10, United States Code, is amended by inserting
after section 182 the following new section (and conforming the table
of sections at the beginning of such chapter accordingly):
``Sec. 182a. Center for Excellence in Environmental Security
``(a) Establishment.--The Secretary of Defense may operate a Center
for Excellence in Environmental Security (in this section referred to
as the `Center').
``(b) Missions.--(1) The Center shall be used to provide and
facilitate education, training, and research in civil-military
operations, particularly operations that require international
assistance and operations that require coordination between the
Department of Defense and other Federal agencies.
``(2) The Center shall be used to provide and facilitate education,
training, interagency coordination, and research on the following
additional matters:
``(A) Management of the consequences of environmental
insecurity with respect to--
``(i) access to water, food, and energy;
``(ii) related health matters; and
``(iii) matters relating to when, how, and why
environmental stresses to human safety, health, water,
energy, and food will cascade to economic, social,
political, or national security events.
``(B) Appropriate roles for the reserve components in
response to environmental insecurity resulting from natural
disasters.
``(C) Meeting requirements for information in connection
with regional and global disasters, including through the use
of advanced communications technology as a virtual library.
``(3) The Center shall perform such other missions as the Secretary
of Defense may specify.
``(4) To assist the Center in carrying out the missions under this
subsection, upon request of the Center, the head of any Federal agency
may grant to the Center access to the data, archives, and other
physical resources (including facilities) of that agency, and may
detail any personnel of that agency to the Center, for the purpose of
enabling the development of global environmental indicators.
``(c) Joint Operation With Educational Institution Authorized.--The
Secretary of Defense may enter into an agreement with appropriate
officials of an institution of higher education to provide for the
operation of the Center. Any such agreement shall provide for the
institution to furnish necessary administrative services for the
Center, including by directly providing such services or providing the
funds for such services.
``(d) Acceptance of Donations.--(1) Except as provided in paragraph
(2), the Secretary of Defense may accept, on behalf of the Center,
donations to be used to defray the costs of the Center or to enhance
the operation of the Center. Such donations may be accepted from any
agency of the Federal Government, any State or local government, any
foreign government, any foundation or other charitable organization
(including any that is organized or operates under the laws of a
foreign country), or any other private source in the United States or a
foreign country.
``(2) The Secretary may not accept a donation under paragraph (1)
if the acceptance of the donation would compromise or appear to
compromise--
``(A) the ability of the Department of Defense, any
employee of the Department, or any member of the armed forces,
to carry out any responsibility or duty of the Department or
the armed forces in a fair and objective manner; or
``(B) the integrity of any program of the Department of
Defense or of any person involved in such a program.
``(3) The Secretary shall prescribe written guidance setting forth
the criteria to be used in determining whether or not the acceptance of
a foreign donation under paragraph (1) would have a result described in
paragraph (2).
``(4) Funds accepted by the Secretary under paragraph (1) as a
donation on behalf of the Center shall be credited to appropriations
available to the Department of Defense for the Center. Funds so
credited shall be merged with the appropriations to which credited and
shall be available for the Center for the same purposes and the same
period as the appropriations with which merged.''.
SEC. 312. PARTICIPATION IN POLLUTANT BANKS AND WATER QUALITY TRADING.
(a) In General.--Chapter 159 of title 10, United States Code, is
amended by inserting after section 2694c the following new section:
``Sec. 2694d. Participation in pollutant banks and water quality
trading
``(a) Authority to Participate.--The Secretary of a military
department, and the Secretary of Defense with respect to matters
concerning a Defense Agency, when engaged in an authorized activity
that may or will result in the discharge of pollutants, may make
payments to a pollutant banking program or water quality trading
program approved in accordance with the Water Quality Trading Policy
dated January 13, 2003, set forth by the Office of Water of the
Environmental Protection Agency, or any successor administrative
guidance or regulation.
``(b) Treatment of Payments.--Payments made under subsection (a) to
a pollutant banking program or water quality trading program may be
treated as eligible project costs for military construction.
``(c) Discharge of Pollutants Defined.--In this section, the term
`discharge of pollutants' has the meaning given that term in section
502(12) of the Federal Water Pollution Control Act (33 U.S.C. 1362(12))
(commonly referred to as the `Clean Water Act').''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2694c following new item:
``2694d. Participation in pollutant banks and water quality trading.''.
SEC. 313. CONSIDERATION UNDER DEFENSE ENVIRONMENTAL RESTORATION PROGRAM
FOR STATE-OWNED FACILITIES OF THE NATIONAL GUARD WITH
PROVEN EXPOSURE OF HAZARDOUS SUBSTANCES AND WASTE.
(a) Definition of State-owned National Guard Facility.--Section
2700 of title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(4) The term `State-owned National Guard facility'
includes land owned and operated by a State when such land is
used for training the National Guard pursuant to chapter 5 of
title 32 with funds provided by the Secretary of Defense or the
Secretary of a military department, even though such land is
not under the jurisdiction of the Department of Defense.''.
(b) Authority for Defense Environmental Restoration Program.--
Section 2701(a)(1) of such title is amended, in the first sentence, by
inserting ``and at State-owned National Guard facilities'' before the
period.
(c) Responsibility for Response Actions.--Section 2701(c)(1) of
such title is amended by adding at the end the following new
subparagraph:
``(D) Each State-owned National Guard facility
being used for training the National Guard pursuant to
chapter 5 of title 32 with funds provided by the
Secretary of Defense or the Secretary of a military
department at the time of actions leading to
contamination by hazardous substances or pollutants or
contaminants.''.
SEC. 314. RENEWAL OF ANNUAL ENVIRONMENTAL AND ENERGY REPORTS OF
DEPARTMENT OF DEFENSE.
(a) Environmental Report.--Section 2711 of title 10, United States
Code, is amended by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) Report Required.--Not later than March 31 of each year, the
Secretary of Defense shall submit to Congress a report on progress made
by environmental programs of the Department of Defense during the
preceding fiscal year.
``(b) Elements.--Each report under subsection (a) shall include,
for the year covered by the report, the following:
``(1) With respect to environmental restoration activities
of the Department of Defense, and for each of the military
departments, information on the Defense Environmental
Restoration Program under section 2701 of this title,
including--
``(A) the total number of sites at which such
program was carried out;
``(B) the progress of remediation for sites that
have not yet completed cleanup;
``(C) the remaining cost to complete cleanup of
known sites; and
``(D) an assessment by the Secretary of Defense of
the overall progress of such program.
``(2) An assessment by the Secretary of achievements for
environmental conservation and planning by the Department.
``(3) An assessment by the Secretary of achievements for
environmental compliance by the Department.
``(4) An assessment by the Secretary of achievements for
climate resiliency by the Department.
``(5) An assessment by the Secretary of the progress made
by the Department in achieving the objectives and goals of the
Environmental Technology Program of the Department.
``(c) Consolidation.--The Secretary of Defense may consolidate,
attach with, or otherwise include in any report required under
subsection (a) any annual report or other requirement that is aligned
or associated with, or would be better understood if presented as part
of a consolidated report addressing environmental restoration,
compliance, and resilience.''.
(b) Energy Report.--
(1) In general.--Section 2925 of such title is amended--
(A) by amending the section heading to read as
follows: ``Annual report on energy performance,
resilience, and readiness of Department of Defense'';
and
(B) by striking subsections (a) and (b) and
inserting the following new subsections:
``(a) Report Required.--Not later than 240 days after the end of
each fiscal year, the Secretary of Defense shall submit to the
congressional defense committees a report detailing the fulfillment
during that fiscal year of the authorities and requirements under
sections 2688, 2911, 2912, 2920, and 2926 of this title, including
progress on energy resilience at military installations and the use of
operational energy in combat platforms and at contingency locations.
``(b) Elements.--Each report under subsection (a) shall include the
following:
``(1) For the year covered by the report, the following:
``(A) A description of the progress made to achieve
the goals of the Energy Policy Act of 2005 (Public Law
109-58), section 2911(g) of this title, and the Energy
Independence and Security Act of 2007 (Public Law 110-
140).
``(B) A description of the energy savings, return
on investment, and enhancements to installation mission
assurance realized by the fulfillment of the goals
described in subparagraph (A).
``(C) A description of and progress toward the
energy security, resilience, and performance goals and
master planning for the Department of Defense,
including associated metrics pursuant to subsections
(c) and (d) of section 2911 of this title and
requirements under section 2688(g) of this title.
``(D) An evaluation of progress made by the
Department in implementing the operational energy
strategy of the Department, including the progress of
key initiatives and technology investments related to
operational energy demand and management.
``(E) Details of the amounts of any funds
transferred by the Secretary of Defense pursuant to
section 2912 of this title, including a detailed
description of the purpose for which such amounts have
been used.
``(2) Statistical information on operational energy demands
of the Department, in terms of expenditures and consumption,
for the preceding five fiscal years, including information on
funding made available in regular defense appropriations Acts
and any supplemental appropriations Acts.
``(3) A description of each initiative related to the
operational energy strategy of the Department and a summary of
funds appropriated for each initiative in the previous fiscal
year and current fiscal year and requested for each initiative
for the next five fiscal years.
``(4) Such recommendations as the Secretary considers
appropriate for additional changes in organization or authority
within the Department to enable further implementation of the
energy strategy and such other comments and recommendations as
the Secretary considers appropriate.
``(c) Classified Form.--If a report under subsection (a) is
submitted in classified form, the Secretary of Defense shall,
concurrently with such report, submit to the congressional defense
committees an unclassified version of the report.
``(d) Consolidation.--The Secretary of Defense may consolidate,
attach with, or otherwise include in any report required under
subsection (a) any annual report or other requirement that is aligned
or associated with, or would be better understood if presented as part
of a consolidated report addressing energy performance, resilience, and
readiness.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter III of chapter 173 of such title is
amended by striking the item relating to section 2925 and
inserting the following new item:
``2925. Annual report on energy performance, resilience, and readiness
of Department of Defense.''.
(c) Continuation of Reporting Requirements.--
(1) In general.--Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1000; 10 U.S.C. 111 note) does not apply to the following
reports:
(A) The report required to be submitted to Congress
under section 2711 of title 10, United States Code.
(B) The report required to be submitted to Congress
under section 2925 of title 10, United States Code.
(2) Conforming repeal.--Section 1061(c) of National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 111 note) is amended by striking paragraphs (51) and
(54).
SEC. 315. AGGREGATION OF ENERGY CONSERVATION MEASURES AND FUNDING.
Section 2911 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(j) Aggregate Energy Conservation Measures and Funding.--(1) To
the maximum extent practicable, the Secretary concerned shall take a
holistic view of the energy project opportunities on installations
under the jurisdiction of such Secretary and shall consider aggregate
energy conservation measures, including energy conservation measures
with quick payback, with energy resilience enhancement projects and
other projects that may have a longer payback period.
``(2) In considering aggregate energy conservation measures under
paragraph (1), the Secretary concerned shall incorporate all funding
available to such Secretary for such measures, including--
``(A) appropriated funds, such as--
``(i) funds appropriated for the Energy Resilience
and Conservation Investment Program of the Department;
and
``(ii) funds appropriated for the Facilities
Sustainment, Restoration, and Modernization program of
the Department; and
``(B) funding available under performance contracts, such
as energy savings performance contracts and utility energy
service contracts.''.
SEC. 316. ADDITIONAL SPECIAL CONSIDERATIONS FOR ENERGY PERFORMANCE
GOALS AND ENERGY PERFORMANCE MASTER PLAN.
Section 2911(e) of title 10, United States Code, is amended by
adding at the end the following new paragraphs:
``(14) The reliability and security of energy resources in
the event of a military conflict.
``(15) The value of resourcing energy from partners and
allies of the United States.''.
SEC. 317. PURCHASE OR LEASE OF ELECTRIC, ZERO EMISSION, ADVANCED-
BIOFUEL-POWERED, OR HYDROGEN-POWERED VEHICLES FOR THE
DEPARTMENT OF DEFENSE.
(a) Requirement.--Section 2922g of title 10, United States Code, is
amended--
(1) in the heading, by striking ``systems'' and inserting
``systems; purchase or lease of certain electric and other
vehicles'';
(2) in subsection (a), by striking ``In leasing'' and
inserting ``During the period preceding October 1, 2035, in
leasing'';
(3) in subsection (c), by inserting ``, during the period
specified in subsection (a),'' after ``from authorizing''; and
(4) by adding at the end the following new subsections:
``(d) Requirement.--Except as provided in subsection (e), beginning
on October 1, 2035, each covered nontactical vehicle purchased or
leased by or for the use of the Department of Defense shall be--
``(1) an electric or zero emission vehicle that uses a
charging connector type (or other means to transmit electricity
to the vehicle) that meets applicable industry accepted
standards for interoperability and safety;
``(2) an advanced-biofuel-powered vehicle; or
``(3) a hydrogen-powered vehicle.
``(e) Relation to Other Vehicle Technologies That Reduce
Consumption of Fossil Fuels.--Notwithstanding the requirement under
subsection (d), beginning on October 1, 2035, the Secretary of Defense
may authorize the purchase or lease of a covered nontactical vehicle
that is not described in such subsection if the Secretary determines,
on a case-by-case basis, that--
``(1) the technology used in the vehicle to be purchased or
leased reduces the consumption of fossil fuels compared to
vehicles that use conventional internal combustion technology;
``(2) the purchase or lease of such vehicle is consistent
with the energy performance goals and plan of the Department of
Defense required by section 2911 of this title; and
``(3) the purchase or lease of a vehicle described in
subsection (d) is impracticable under the circumstances.
``(f) Waiver.--(1) The Secretary of Defense may waive the
requirement under subsection (d).
``(2) The Secretary of Defense may not delegate the waiver
authority under paragraph (1).
``(g) Definitions.--In this section:
``(1) The term `advanced-biofuel-powered vehicle' includes
a vehicle that uses a fuel described in section 9001(3)(A) of
the Farm Security and Rural Investment Act of 2202 (7 U.S.C.
8101(3)(A)).
``(2) The term `covered nontactical vehicle' means any
vehicle--
``(A) that is not a tactical vehicle designed for
use in combat; and
``(B) that is purchased or leased by the Department
of Defense pursuant to a contract entered into,
renewed, modified, or amended on or after October 1,
2035.
``(3) The term `hydrogen-powered vehicle' means a vehicle
that uses hydrogen as the main source of motive power, either
through a fuel cell or internal combustion.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of chapter 173 of such title is amended by striking the
item relating to section 2922g and inserting the following new item:
``2922g. Preference for motor vehicles using electric or hybrid
propulsion systems; purchase or lease of
certain electric and other vehicles.''.
SEC. 318. CLARIFICATION AND REQUIREMENT FOR DEPARTMENT OF DEFENSE
RELATING TO RENEWABLE BIOMASS AND BIOGAS.
Section 2924 of title 10, United States Code, is amended--
(1) in paragraph (6)--
(A) by redesignating subparagraphs (D) through (I)
as subparagraphs (E) through (J), respectively; and
(B) by inserting after subparagraph (C) the
following new subparagraph (D):
``(D) Biogas.''; and
(2) by adding at the end the following new paragraphs:
``(7) The term `biomass' has the meaning given the term
`renewable biomass' in section 211(o)(1) of the Clean Air Act
(42 U.S.C. 7545(o)(1)).
``(8) The term `biogas' means biogas as such term is used
in section 211(o)(1)(B)(ii)(V) of the Clean Air Act (42 U.S.C.
7545(o)(1)(B)(ii)(V)).''.
SEC. 319. PROGRAMS OF MILITARY DEPARTMENTS ON REDUCTION OF FUEL
RELIANCE AND PROMOTION OF ENERGY-AWARE BEHAVIORS.
(a) Establishment.--Subchapter III of chapter 173 of title 10,
United States Code, is amended by adding at the end the following new
section (and conforming the table of sections at the beginning of such
subchapter accordingly):
``Sec. 2928. Programs on reduction of fuel reliance and promotion of
energy-aware behaviors
``(a) Establishment.--Each Secretary of a military department shall
establish a program for the promotion of energy-aware behaviors and the
reduction of unnecessary fuel consumption within that military
department.
``(b) Goals.--The goals of the programs established under
subsection (a) shall be as follows:
``(1) To increase operational energy resiliency.
``(2) To decrease energy-related strategic vulnerabilities
and enhance military readiness.
``(3) To integrate sustainability features for new and
existing military installations and other facilities of the
Department.
``(c) Minimum Required Elements.--Under the program of a military
department under subsection (a), the Secretary of the military
department shall carry out, with respect to the military department,
and at a minimum, the following:
``(1) The development and implementation of a strategy for
the collection and analysis of data on fuel consumption, to
identify operational inefficiencies and enable data-driven
decision making with respect to fuel logistics and the
reduction of fuel consumption.
``(2) The fostering of an energy-aware culture across the
military department to reduce fuel consumption, including
through--
``(A) the incorporation of energy conservation and
resiliency principles into training curricula and other
training materials of the military department,
including by updating such materials to include
information on the effect of energy-aware behaviors on
improving readiness and combat capability; and
``(B) the review of standard operating procedures,
and other operational manuals and procedures, of the
military department, to identify procedures that
increase fuel consumption with no operational benefit.
``(3) The integration of operational energy factors into
the wargaming of the military department and related training
activities that involve the modeling of scenarios, in
accordance with subsection (d), to provide to participants in
such activities realistic data on the risks and challenges
relating to operational energy and fuel logistics.
``(4) The implementation of data-driven procedures,
operations planning, and logistics, to optimize cargo transport
and refueling operations within the military department.
``(d) Wargaming Elements.--In integrating operational energy
factors into the wargaming and related training activities of a
military department under subsection (c)(3), the Secretary of the
military department shall seek to ensure that the planning, design, and
execution of such activities include--
``(1) coordination with the elements of the military
department responsible for fuel and logistics matters, to
ensure the modeling of energy demand and network risk during
such activities are accurate, taking into account potential
shortfalls and the direct and indirect effects of the efforts
of foreign adversaries to target fuel supply chains; and
``(2) a focus on improving integrated life-cycle management
processes and fuel supply logistics.''.
(b) Deadline for Establishment.--The programs required under
section 2928 of title 10, United States Code, as added by subsection
(a), shall be established by not later than 180 days after the date of
the enactment of this Act.
(c) Briefing.--Not later than 180 days after the date of enactment
of this Act, each Secretary of a military department shall provide to
the congressional defense committees a briefing on the establishment of
the program of the military department required under such section
2928.
SEC. 320. ESTABLISHMENT OF JOINT WORKING GROUP TO DETERMINE JOINT
REQUIREMENTS FOR FUTURE OPERATIONAL ENERGY NEEDS OF
DEPARTMENT OF DEFENSE.
Section 352 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1653) is amended by adding at
the end the following new subsection:
``(e) Establishment of Joint Working Group to Determine Joint
Requirements for Future Operational Energy Needs of Department of
Defense.--
``(1) Establishment.--The Secretary of Defense shall
establish a joint working group (in this subsection referred to
as the `working group') to determine joint requirements for
future operational energy needs of the Department of Defense.
``(2) Executive agent.--The Secretary of the Air Force
shall serve as the executive agent of the working group.
``(3) Requirements specified.--
``(A) In general.--In determining joint
requirements under paragraph (1), the working group
shall address the operational energy needs of each
military department and combatant command to meet
energy needs in all domains of warfare, including land,
air, sea, space, cyberspace, subsea, and subterranean
environments.
``(B) Priority for certain systems.--Priority for
joint requirements under paragraph (1) shall be given
to independent operational energy systems that--
``(i) are capable of operating in austere
and isolated environments with quick deployment
capabilities; and
``(ii) may reduce conventional air
pollution and greenhouse gas emissions
comparable to systems already in use.
``(4) Existing or new programs.--The working group shall
address the feasibility of meeting joint requirements
determined under paragraph (1) through the existing energy
programs of the Department and make recommendations for new
programs to meet such requirements.
``(5) Focus areas.--In carrying out the requirements under
this subsection, the working group shall focus the efforts of
the working group on operational energy, including--
``(A) micro-reactors and small modular reactors;
``(B) hydrogen-based fuel systems, including
hydrogen fuel cells and hydrogen-based combustion
engines;
``(C) battery storage;
``(D) renewable energy sources;
``(E) retrofits to existing platforms that shall
increase efficiencies; and
``(F) other technologies and resources that meet
joint requirements determined under paragraph (1).
``(6) Recommended plan of action.--
``(A) In general.--Not later than 180 days after
the date of the enactment of this subsection, the
Secretary shall submit to the congressional defense
committees a report, and provide to the congressional
defense committees a classified briefing, outlining
recommendations for programs to meet joint requirements
for future operational energy needs of the Department
of Defense by 2025, 2030, and 2040.
``(B) Focus on readiness and flexibility.--In
submitting the report and providing the briefing under
subparagraph (A), the Secretary shall--
``(i) address each element of the report or
briefing, as the case may be, in the context of
maintaining or increasing the readiness levels
of the Armed Forces and the flexibility of
operational elements within the Department; and
``(ii) disregard energy sources that do not
increase such readiness and flexibility, with
an explanation for the reason such sources were
disregarded.
``(C) Form.--The report under subparagraph (A)
shall be submitted in unclassified form, but may
include a classified annex.
``(7) Definitions.--In this subsection:
``(A) The term `advanced nuclear reactor' has the
meaning given that term in section 951(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16271(b)).
``(B) The term `micro-reactor' means an advanced
nuclear reactor that has an electric power production
capacity that is not greater than 50 megawatts that can
be transported via land, air, or sea transport and can
be redeployed.
``(C) The term `small modular reactor' means an
advanced nuclear reactor--
``(i) with a rated capacity of less than
300 electrical megawatts; or
``(ii) that can be constructed and operated
in combination with similar reactors at a
single site.''.
SEC. 321. AMENDMENT TO BUDGETING OF DEPARTMENT OF DEFENSE RELATING TO
EXTREME WEATHER.
Section 328(a) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 221 note) is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) a calculation of the annual costs to the Department
for--
``(A) assistance that is--
``(i) provided to the Federal Emergency
Management Agency or any Federal land
management agency (as such term is defined in
section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801)) pursuant to a
request for such assistance and in consultation
with the National Interagency Fire Center; or
``(ii) provided under title 10 or title 32,
United States Code, to any State, territory, or
possession of the United States, regarding
extreme weather; and
``(B) resourcing required to support--
``(i) wildfire response, recovery, or
restoration efforts occurring within military
installations or other facilities of the
Department; or
``(ii) any Federal agency other than the
Department (including the Federal Emergency
Management Agency and the National Interagency
Fire Center) with respect to wildfire response,
recovery, or restoration efforts, where such
resourcing is not reimbursed.''.
SEC. 322. PROTOTYPE AND DEMONSTRATION PROJECTS FOR ENERGY RESILIENCE AT
CERTAIN MILITARY INSTALLATIONS.
(a) In General.--Subject to the availability of appropriations for
such purpose, each Secretary of a military department shall ensure that
covered prototype and demonstration projects are conducted at each
military installation under the jurisdiction of that Secretary that is
designated by the Secretary of Defense as an ``Energy Resilience
Testbed'' pursuant to subsection (b).
(b) Selection of Military Installations.--
(1) Nomination.--Each Secretary of a military department
shall nominate military installations under the jurisdiction of
that Secretary for selection under paragraph (2), and submit to
the Secretary of Defense a list of such nominations.
(2) Selection.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
select, from among the lists of nominated military
installations provided by the Secretaries of the military
departments under paragraph (1), at least one such nominated
military installation per military department for designation
pursuant to paragraph (4).
(3) Considerations.--In selecting military installations
under paragraph (2), the Secretary of Defense shall, to the
extent practicable, take into consideration the following:
(A) The mission of the installation.
(B) The geographic terrain of the installation and
of the community surrounding the installation.
(C) The energy resources available to support the
installation.
(D) An assessment of any extreme weather risks or
vulnerabilities at the installation and the community
surrounding the installation.
(4) Designation as energy resilience testbed.--Each
military installation selected under paragraph (2) shall be
known as an ``Energy Resilience Testbed''.
(c) Covered Technologies.--Covered prototype and demonstration
projects conducted at military installations designated pursuant to
subsection (b) shall include the prototype and demonstration of
technologies in the following areas:
(1) Energy storage technologies, including long-duration
energy storage systems.
(2) Technologies to improve building energy efficiency in a
cyber-secure manner, such as advanced lighting controls, high-
performance cooling systems, and technologies for waste heat
recovery.
(3) Technologies to improve building energy management and
control in a cyber-secure manner.
(4) Tools and processes for design, assessment, and
decision making on the installation with respect to all hazards
resilience and hazard analysis, energy use, management, and the
construction of resilient buildings and infrastructure.
(5) Carbon sequestration technologies.
(6) Technologies relating to on-site resilient energy
generation, including the following:
(A) Advanced geothermal technologies.
(B) Advanced nuclear technologies, including small
modular reactors.
(7) Port electrification and surrounding defense community
infrastructure.
(8) Tidal and wave power technologies.
(9) Distributed ledger technologies.
(d) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretaries of the military departments, shall provide to the
appropriate congressional committees a briefing on the conduct of
covered prototype and demonstration projects at each military
installation designated pursuant to subsection (b). Such briefing shall
include the following:
(1) An identification of each military installation so
designated.
(2) A justification as to why each military installation so
designated was selected for such designation.
(3) A strategy for commencing the conduct of such projects
at each military installation so designated by not later than
one year after the date of the enactment of this Act.
(e) Deadline for Commencement of Projects.--Beginning not later
than one year after the date of the enactment of this Act, covered
prototype and demonstration projects shall be conducted at, and such
conduct shall be incorporated into the mission of, each military
installation designated pursuant to subsection (b).
(f) Responsibility for Administration and Oversight.--
Notwithstanding the responsibility of the Secretary of Defense to
select each military installation for designation pursuant to
subsection (b)(2), the administration and oversight of the conduct of
covered prototype and demonstration projects at a military installation
so designated, as required under subsection (a), shall be the
responsibility of the Secretary of the military department with
jurisdiction over that military installation.
(g) Consortiums.--
(1) In general.--Each Secretary of a military department
may enter into a partnership with, or seek to establish, a
consortium of industry, academia, and other entities described
in paragraph (2) to conduct covered prototype and demonstration
projects at a military installation that is under the
jurisdiction of that Secretary and designated by the Secretary
of Defense pursuant to subsection (b).
(2) Consortium entities.--The entities described in this
paragraph are as follows:
(A) National laboratories.
(B) Industry entities the primary work of which
relates to technologies and business models relating to
energy resilience and all hazards resilience.
(h) Authorities.--
(1) In general.--Covered prototype and demonstration
projects required under this section may be conducted as part
of the program for operational energy prototyping established
under section 324(c) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283; 134 Stat. 3523; 10 U.S.C. 2911 note) (including by
using funds available under the Operational Energy Prototyping
Fund established pursuant to such section), using the other
transactions authority under section 4021 or 4022 of title 10,
United States Code, or using any other available authority or
funding source the Secretary of Defense determines appropriate.
(2) Follow-on production contracts or transactions.--Each
Secretary of a military department shall ensure that, to the
extent practicable, any transaction entered into under the
other transactions authority under section 4022 of title 10,
United States Code, for the conduct of a covered prototype and
demonstration project under this section shall provide for the
award of a follow-on production contract or transaction
pursuant to subsection (f) of such section 4022.
(i) Interagency Collaboration.--In carrying out this section, to
the extent practicable, the Secretary of Defense shall collaborate with
the Secretary of Energy and the heads of such other Federal departments
and agencies as the Secretary of Defense may determine appropriate,
including by entering into relevant memoranda of understanding.
(j) Rule of Construction.--Nothing in this section shall be
construed as precluding any Secretary of a military department from
carrying out any activity, including conducting a project or making an
investment, relating to the improvement of energy resilience or all
hazards resilience under an authority other than this section.
(k) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Energy and Commerce of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on Energy and Natural Resources of the
Senate.
(2) The term ``community infrastructure'' has the meaning
given that term in section 2391(e) of title 10, United States
Code.
(3) The term ``covered prototype and demonstration
project'' means a project to prototype and demonstrate advanced
technologies to enhance energy resilience, including with
respect to energy supply disruptions, and all hazards
resilience at a military installation.
(4) The term ``military installation'' has the meaning
given that term in section 2867 of title 10, United States
Code.
SEC. 323. PILOT PROGRAM FOR DEVELOPMENT OF ELECTRIC VEHICLE CHARGING
SOLUTIONS TO MITIGATE GRID STRESS.
(a) In General.--The Secretary of Defense, in coordination with the
Secretaries of the military departments, and in consultation with the
Secretary of Energy, shall carry out a pilot program to develop and
test covered infrastructure to mitigate grid stress caused by electric
vehicles through the implementation and maintenance on certain military
installations of charging stations, microgrids, and other covered
infrastructure sufficient to cover the energy demand at such
installations.
(b) Selection of Military Installations.--
(1) Selection.--Not later than 180 days after the date of
the enactment of this Act, each Secretary of a military
department shall--
(A) select at least one military installation of
each Armed Force under the jurisdiction of that
Secretary at which to carry out the pilot program under
subsection (a); and
(B) submit to the Committees on Armed Services of
the House of Representatives and the Senate a
notification containing an identification of each such
selected installation.
(2) Considerations.--In choosing a military installation
for selection pursuant to paragraph (1), each Secretary of a
military department shall take into account the following:
(A) A calculation of existing loads at the
installation and the existing capacity of the
installation for the charging of electric vehicles,
including (as applicable) light duty trucks.
(B) Any required upgrades to covered infrastructure
on the installation, including electrical wiring,
anticipated by the Secretary.
(C) The ownership, financing, operation, and
maintenance models of existing and planned covered
infrastructure on the installation.
(D) An assessment of local grid needs, and any
required updates relating to such needs anticipated by
the Secretary.
(c) Report.--
(1) In general.--Not later than one year after the date on
which a Secretary of a military department submits a
notification identifying a selected military installation under
subsection (b), that Secretary shall submit to the Committee on
Armed Services and the Committee on Energy and Commerce of the
House of Representatives and the Committee on Armed Services of
the Senate a report on--
(A) the covered infrastructure to be implemented
under the pilot program at the installation;
(B) the methodology by which each type of covered
infrastructure so implemented shall be assessed for
efficacy and efficiency at providing sufficient energy
to cover the anticipated energy demand of the electric
vehicle fleet at the installation and mitigating grid
stress; and
(C) the maintenance on the military installation of
charging stations and other covered infrastructure,
including a microgrid, that will be sufficient to--
(i) cover the anticipated electricity
demand of such fleet; and
(ii) improve installation energy
resilience.
(2) Elements.--Each report under paragraph (1) shall
include, with respect to the selected military installation for
which the report is submitted, the following:
(A) A determination of the type and number of
charging stations to implement on the installation,
taking into account the interoperability of chargers
and the potential future needs or applications for
chargers, such as vehicle-to-grid or vehicle-to-
building applications.
(B) A determination of the optimal ownership model
to provide charging stations on the installation,
taking into account the following:
(i) Use of Government-owned (purchased,
installed, and maintained) charging stations.
(ii) Use of third-party financed,
installed, operated, and maintained charging
stations.
(iii) Use of financing models in which
energy and charging infrastructure operations
and maintenance are treated as a service.
(iv) Cyber and physical security
considerations and best practices associated
with different ownership, network, and control
models.
(C) A determination of the optimal power source to
provide charging stations at the installation, taking
into account the following:
(i) Transformer and substation
requirements.
(ii) Microgrids and distributed energy to
support both charging requirements and energy
storage.
(3) Source of services.--Each Secretary of a military
department may use expertise within the military department or
enter into a contract with a non-Department of Defense entity
to make the determinations specified in paragraph (2).
(d) Final Report.--Not later than January 1, 2025, the Secretary of
Defense shall submit to the congressional committees specified in
subsection (c)(1) a final report on the pilot program under subsection
(a). Such report shall include the observations and findings of the
Department relating to the charging stations and other covered
infrastructure implemented and maintained under such pilot program,
including with respect to the elements specified in subsection (c)(2).
(e) Definitions.--In this section:
(1) The terms ``Armed Forces'' and ``military departments''
have the meanings given those terms in section 101 of title 10,
United States Code.
(2) The term ``charging station'' means a collection of one
or more electric vehicle supply equipment units serving the
purpose of charging an electric vehicle battery.
(3) The term ``covered infrastructure''--
(A) means infrastructure that the Secretary of
Defense determines may be used to--
(i) charge electric vehicles, including by
transmitting electricity to such vehicles
directly; or
(ii) support the charging of electric
vehicles, including by supporting the
resilience of grids or other systems for
delivering energy to such vehicles (such as
through the mitigation of grid stress); and
(B) includes--
(i) charging stations;
(ii) batteries;
(iii) battery-swapping systems;
(iv) microgrids;
(v) off-grid charging systems; and
(vi) other apparatuses installed for the
specific purpose of delivering energy to an
electric vehicle or to a battery intended to be
used in an electric vehicle, including wireless
charging technologies.
(4) The term ``electric vehicle'' includes--
(A) a plug-in hybrid electric vehicle that uses a
combination of electric and gas powered engine that can
use either gasoline or electricity as a fuel source;
and
(B) a plug-in electric vehicle that runs solely on
electricity and does not contain an internal combustion
engine or gas tank.
(5) The term ``electric vehicle supply equipment unit''
means the port that supplies electricity to one vehicle at a
time.
(6) The term ``microgrid'' means a group of interconnected
loads and distributed energy resources within clearly defined
electrical boundaries that acts as a single controllable entity
with respect to the grid.
(7) The term ``military installation'' has the meaning
given that term in section 2801 of title 10, United States
Code.
(8) The term ``wireless charging'' means the charging of a
battery by inductive charging or by any means in which a
battery is charged without a wire, or plug-in wire, connecting
the power source and battery.
SEC. 324. PILOT PROGRAM ON USE OF SUSTAINABLE AVIATION FUEL.
(a) Pilot Program Required.--
(1) In general.--Subject to the availability of
appropriations for such purpose, the Secretary of Defense shall
conduct a pilot program on the use of sustainable aviation fuel
by the Department of Defense (in this section referred to as
the ``pilot program'').
(2) Design of program.--The pilot program shall be designed
to--
(A) identify any logistical challenges with respect
to the use of sustainable aviation fuel by the
Department;
(B) promote understanding of the technical and
performance characteristics of sustainable aviation
fuel when used in a military setting; and
(C) engage nearby commercial airports to explore
opportunities and challenges to partner on the
increased use of sustainable aviation fuel.
(b) Selection of Facilities.--
(1) Selection.--
(A) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of
Defense shall select not fewer than two geographically
diverse facilities of the Department at which to carry
out the pilot program.
(B) Onsite refinery.--Not fewer than one facility
selected under subparagraph (A) shall be a facility
with an onsite refinery that is located in proximity to
not fewer than one major commercial airport that is
also actively seeking to increase the use of
sustainable aviation fuel.
(2) Notice to congress.--Upon the selection of each
facility under paragraph (1), the Secretary shall submit to the
appropriate congressional committees notice of the selection,
including an identification of the facility selected.
(c) Use of Sustainable Aviation Fuel.--
(1) Plans.--For each facility selected under subsection
(b), not later than one year after the selection of the
facility, the Secretary shall--
(A) develop a plan on how to implement, by
September 30, 2028, a target of exclusively using at
the facility aviation fuel that is blended to contain
not less than 10 percent sustainable aviation fuel;
(B) submit the plan developed under subparagraph
(A) to the appropriate congressional committees; and
(C) provide to the appropriate congressional
committees a briefing on such plan that includes, at a
minimum--
(i) a description of any operational,
infrastructure, or logistical requirements, and
recommendations, for the blending and use of
sustainable aviation fuel; and
(ii) a description of any stakeholder
engagement in the development of the plan,
including any consultations with nearby
commercial airport owners or operators.
(2) Implementation of plans.--For each facility selected
under subsection (b), during the period beginning on a date
that is not later than September 30, 2028, and for five years
thereafter, the Secretary shall require, in accordance with the
respective plan developed under paragraph (1), the exclusive
use at the facility of aviation fuel that is blended to contain
not less than 10 percent sustainable aviation fuel.
(d) Criteria for Sustainable Aviation Fuel.--Sustainable aviation
fuel used under the pilot program shall meet the following criteria:
(1) Such fuel shall be produced in the United States from
domestic feedstock sources.
(2) Such fuel shall constitute drop-in fuel that meets all
specifications and performance requirements of the Department
of Defense and the Armed Forces.
(e) Waiver.--The Secretary may waive the use of sustainable
aviation fuel at a facility under the pilot program if the Secretary--
(1) determines such use is not feasible due to a lack of
domestic availability of sustainable aviation fuel or a
national security contingency; and
(2) submits to the congressional defense committees notice
of such waiver and the reasons for such waiver.
(f) Final Report.--
(1) In general.--At the conclusion of the pilot program,
the Assistant Secretary of Defense for Energy, Installations,
and Environment shall submit to the appropriate congressional
committees a final report on the pilot program.
(2) Elements.--The report under paragraph (1) shall include
each of the following:
(A) An assessment of the effect of using
sustainable aviation fuel on the overall fuel costs of
blended fuel.
(B) A description of any operational,
infrastructure, or logistical requirements, and
recommendations, for the blending and use of
sustainable aviation fuel, with a focus on scaling up
adoption of such fuel throughout the Armed Forces.
(C) Recommendations with respect to how military
installations can leverage proximity to commercial
airports and other jet fuel consumers to increase the
rate of use of sustainable aviation fuel, for both
military and non-military use, including potential
collaboration on innovative financing or purchasing and
shared supply chain infrastructure.
(D) A description of the effects on performance and
operation of aircraft using sustainable aviation fuel,
including--
(i) if used, considerations of various
blending ratios and the associated benefits
thereof;
(ii) efficiency and distance improvements
of flights using sustainable aviation fuel;
(iii) weight savings on large
transportation aircraft and other types of
aircraft by using blended fuel with higher
concentrations of sustainable aviation fuel;
(iv) maintenance benefits of using
sustainable aviation fuel, including with
respect to engine longevity;
(v) the effect of the use of sustainable
aviation fuel on emissions and air quality;
(vi) the effect of the use of sustainable
aviation fuel on the environment and on
surrounding communities, including
environmental justice factors that are created
by the demand for and use of sustainable
aviation fuel by the Department of Defense; and
(vii) benefits with respect to job creation
in the sustainable aviation fuel production and
supply chain.
(g) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The Committee on Armed Services and the
Committee on Transportation and Infrastructure of the
House of Representatives.
(B) The Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of
the Senate.
(2) The term ``sustainable aviation fuel'' has the meaning
given such term in section 40007(e) of the Act titled `An Act
to provide for reconciliation pursuant to title II of S. Con.
Res. 14' (Public Law 117-169).
SEC. 325. POLICY TO INCREASE DISPOSITION OF SPENT ADVANCED BATTERIES
THROUGH RECYCLING.
(a) Policy Required.--Not later than one year after the date of the
enactment of this Act, the Assistant Secretary of Defense for Energy,
Installations, and Environment, in coordination with the Director of
the Defense Logistics Agency, shall establish a policy to increase the
disposition of spent advanced batteries of the Department of Defense
through recycling (including by updating the Department of Defense
Manual 4160.21, titled ``Defense Material Disposition: Disposal
Guidance and Procedures'', or such successor document, accordingly),
for the purpose of supporting the reclamation and return of precious
metals, rare earth metals, and elements of strategic importance (such
as cobalt and lithium) into the supply chain or strategic reserves of
the United States.
(b) Considerations.--In developing the policy under subsection (a),
the Assistant Secretary shall consider, at a minimum, the following
recycling methods:
(1) Pyroprocessing.
(2) Hydroprocessing.
(3) Direct cathode recycling, relithiation, and upcycling.
SEC. 326. GUIDANCE AND TARGET GOAL RELATING TO FORMERLY USED DEFENSE
SITES PROGRAMS.
(a) Guidance Relating to Site Prioritization.--The Assistant
Secretary of Defense for Energy, Installations, and Environment shall
issue guidance setting forth how, in prioritizing sites for activities
funded under the ``Environmental Restoration Account, Formerly Used
Defense Sites'' account established under section 2703(a)(5) of title
10, United States Code, the Assistant Secretary shall weigh the
relative risk or other factors between Installation Restoration Program
sites and Military Munitions Response Program sites.
(b) Target Goal for Military Munitions Response Program.--The
Assistant Secretary of Defense for Energy, Installations, and
Environment shall establish a target goal for the completion of the
cleanup of all Military Munitions Response Program sites.
SEC. 327. ANALYSIS AND PLAN FOR ADDRESSING HEAT ISLAND EFFECT ON
MILITARY INSTALLATIONS.
(a) Installation Analysis.--Each Secretary of a military department
shall conduct an analysis of the military installations under the
jurisdiction of that Secretary to assess the extent to which heat
islands affect readiness, infrastructure service life, and utilities
costs. Each such analysis shall contain each of the following:
(1) An analysis of how heat islands exacerbate summer heat
conditions and necessitate the increased use of air
conditioning on the installations, including an estimate of the
cost of such increased usage with respect to both utilities
costs and shortened service life of air conditioning units.
(2) An assessment of any readiness effects related to heat
islands, including the loss of training hours due to black flag
conditions, and the corresponding cost of such effects.
(b) Plan.--Based on the results of the analyses conducted under
subsection (a), the Secretaries of the military departments shall
jointly--
(1) develop a plan for mitigating the effects of heat
islands at the most severely affected installations, including
by increasing tree coverage, installing cool roofs or green
roofs, and painting asphalt; and
(2) promulgate best practices enterprise-wide for cost
avoidance and reduction of the effects of heat islands.
(c) Briefing.--Not later than September 30, 2024, the Secretaries
of the military departments shall jointly provide to the congressional
defense committees a briefing on--
(1) the findings of each analysis conducted under
subsection (a);
(2) the plan developed under subsection (b); and
(3) such other matters as the Secretaries determine
appropriate.
(d) Heat Island Defined.--The term ``heat island'' means an area
with a high concentration of structures (such as building, roads, and
other infrastructure) that absorb and re-emit the sun's heat more than
natural landscapes such as forests or bodies of water.
SEC. 328. LIMITATION ON REPLACEMENT OF NON-TACTICAL VEHICLE FLEET OF
DEPARTMENT OF DEFENSE WITH ELECTRIC VEHICLES, ADVANCED-
BIOFUEL-POWERED VEHICLES, OR HYDROGEN-POWERED VEHICLES.
(a) In General.--Until the date on which the Secretary of Defense
submits to the Committees on Armed Services of the House of
Representatives and the Senate the report described in subsection (b),
the Secretary may not enter into an indefinite delivery-indefinite
quantity delivery order contract to procure and replace the existing
non-tactical vehicle fleet of the Department of Defense with electric
vehicles, advanced-biofuel-powered vehicles, or hydrogen-powered
vehicles.
(b) Elements.--The report described in this subsection shall
include the following:
(1) A cost estimate for the procurement by the Secretary of
Defense, or through contract mechanisms used by the Department
(such as energy savings performance contracts), of electric
non-tactical vehicles to replace the existing non-tactical
vehicle fleet of the Department, which shall include--
(A) an estimated cost per unit and number of units
to be procured of each type of electric non-tactical
vehicle (such as trucks, buses, and vans);
(B) the cost associated with building the required
infrastructure to support electric non-tactical
vehicles, including charging stations and electric grid
requirements;
(C) a lifecycle cost comparison between electric
vehicles and combustion engine vehicles of each type
(such as an electric truck versus a conventional
truck);
(D) maintenance requirements of electric vehicles
compared to combustion engine vehicles; and
(E) for each military department, a cost comparison
over periods of three, five, and 10 years of pursuing
an electric non-tactical vehicle fleet versus
continuing with combustion engine non-tactical
vehicles.
(2) An assessment of the current and projected supply chain
shortfalls, including critical minerals, for electric vehicles
and combustion engine vehicles.
(3) An assessment of the security risks associated with
data collection conducted with respect to electric vehicles,
combustion engine vehicles, and the related computer systems
for each.
(4) An assessment of the current range requirements for
electric vehicles compared to combustion engine vehicles and
the average life of vehicles of the Department necessary to
maintain current readiness requirements of the Department.
(5) An identification of components for electric non-
tactical vehicles, advanced-biofuel-powered vehicles, hydrogen-
powered vehicles, and combustion engine vehicles that are
currently being sourced from the People's Republic of China.
(6) An assessment of the mid- and long-term costs and
benefits to the Department of falling behind industry trends
related to the adoption of alternative fuel vehicles including
electric vehicles, hydrogen-powered vehicles, and advanced-
biofuel-powered vehicles.
(7) An assessment of the long-term availability to the
Department of internal combustion engines and spare parts for
such engines, including whether or not such engines and spare
parts will be manufactured in the United States or repairable
with parts made in the United States and labor in the United
States.
(8) An assessment of the relative risks associated with
parking and storing electric vehicles, hydrogen-powered
vehicles, advanced-biofuel-powered vehicles, and combustion
engine vehicles inside parking structures, including fire risk
and water damage.
(c) Additional Prohibition.--None of the funds authorized to be
appropriated by this Act or otherwise made available for the Department
of Defense may be obligated or expended to procure non-tactical
vehicles that are electric vehicles, advanced-biofuel-powered vehicles,
or hydrogen-powered vehicles, or any components or spare parts
associated with such vehicles, that are not in compliance with subpart
22.15 of the Federal Acquisition Regulation (or any successor
regulations).
(d) Definitions.--In this section:
(1) The term ``advanced-biofuel-powered vehicle'' includes
a vehicle that uses a fuel described in section 9001(3)(A) of
the Farm Security and Rural Investment Act of 2202 (7 U.S.C.
8101(3)(A)).
(2) The term ``charging station'' means a parking space
with electric vehicle supply equipment that supplies electric
energy for the recharging of electric vehicles with at least a
level two charger.
(3) The term ``electric grid requirements'' means the power
grid and infrastructure requirements needed to support plug-in
electric vehicles and vehicle-to-grid requirements.
(4) The term ``electric non-tactical vehicle'' means a non-
tactical vehicle that is an electric vehicle.
(5) The terms ``electric vehicle'' includes--
(A) a plug-in hybrid electric vehicle that uses a
combination of electric and gas powered engine that can
use either gasoline or electricity as a fuel source;
and
(B) a plug-in electric vehicle that runs solely on
electricity and does not contain an internal combustion
engine or gas tank.
(6) The term ``hydrogen-powered vehicle'' means a vehicle
that uses hydrogen as the main source of motive power, either
through a fuel cell or internal combustion.
(7) The term ``non-tactical vehicle'' means a vehicle other
than a tactical vehicle.
(8) The term ``tactical vehicle'' means a motor vehicle
designed to military specification, or a commercial design
motor vehicle modified to military specification, to provide
direct transportation support of combat or tactical operations,
or for the training of personnel for such operations.
Subtitle C--Red Hill Bulk Fuel Storage Facility
SEC. 331. DEFUELING OF RED HILL BULK FUEL STORAGE FACILITY.
(a) Deadline for Completion of Defueling.--
(1) In general.--The Secretary of Defense shall complete
the defueling of the Red Hill Bulk Fuel Storage Facility in a
safe and expeditious manner by a deadline that is approved by
the State of Hawaii Department of Health.
(2) Report.--Not later than 30 days after the date of the
enactment of this Act, and quarterly thereafter until the
completion of the defueling of the Red Hill Bulk Fuel Storage
Facility, the Secretary of Defense shall submit to the
congressional defense committees, and make publicly available
on an appropriate website of the Department of Defense, a
report on the status of such defueling.
(b) Planning and Implementation of Defueling.--The Secretary of
Defense shall plan for and implement the defueling of the Red Hill Bulk
Fuel Storage Facility in consultation with the Administrator of the
Environmental Protection Agency and the State of Hawaii Department of
Health.
(c) Notification Requirement.--The Secretary of Defense may not
begin the process of defueling the Red Hill Bulk Storage Facility until
the date on which the Secretary submits to the congressional defense
committees a notification that such defueling would not adversely
affect the ability of the Department of Defense to provide fuel to
support military operations in the area of responsibility of the United
States Indo-Pacific Command.
SEC. 332. AUTHORIZATION OF CLOSURE OF UNDERGROUND STORAGE TANK SYSTEM
AT RED HILL BULK FUEL STORAGE FACILITY.
(a) Authorization.--The Secretary of Defense may close the
underground storage tank system at the Red Hill Bulk Fuel Storage
Facility of the Department of Defense located in Hawaii (in this
section referred to as the ``Facility'').
(b) Plan for Facility Closure and Post-closure Care.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of the Navy shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a plan for--
(A) the closure of the Facility, along with a
report on the cost projections for such closure;
(B) monitoring of the Facility following closure;
(C) corrective actions to mitigate fuel releases of
groundwater at the Facility, including resources
necessary for the Secretary of the Navy to conduct such
actions at the Facility;
(D) coordination and communication with applicable
Federal and State regulatory authorities, and
surrounding communities, on release response and
remediation activities conducted by the Secretary of
the Navy at the Facility;
(E) improvements to processes, procedures,
organization, training, leadership, education,
facilities, and policy of the Department of Defense
related to best practices for the remediation and
closure of the Facility; and
(F) measures to ensure that future strategic level
assets of the Department of Defense are properly
maintained and critical environmental assets are
protected.
(2) Preparation of plan.--The Secretary of the Navy shall
prepare the plan required under paragraph (1) in consultation
with the following:
(A) The Environmental Protection Agency.
(B) The Hawaii Department of Health.
(C) The United States Geological Survey.
(D) Any other relevant Federal or State agencies
the Secretary considers appropriate.
(c) Identification of Point of Contact at Department of Defense.--
Not later than 60 days after the date of the enactment of this Act, to
ensure clear and consistent communication relating to defueling,
closure, and release response, the Secretary of Defense shall identify
a single point of contact within the Office of the Secretary of Defense
to oversee and communicate with the public and Members of Congress
regarding the status of the Facility.
(d) Water Monitoring Briefing.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of the Navy shall
provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the status of the ground
water monitoring program--
(1) to monitor movement of the fuel plume in the aquifer
surrounding the Facility;
(2) to monitor long-term impacts to such aquifer and local
water bodies resulting from fuel releases from the Facility;
and
(3) to coordinate with the Agency for Toxic Substances and
Disease Registry of the Department of Health and Human Services
as the Agency conducts a follow up to the previously conducted
voluntary survey of individuals and entities potentially
impacted by fuel releases from the Facility.
SEC. 333. REPORT ON BULK FUEL REQUIREMENTS APPLICABLE TO UNITED STATES
INDO-PACIFIC COMMAND.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2023 for the Office of
the Secretary of Defense for administration and service-wide
activities, not more than 90 percent may be obligated or expended until
the Secretary of Defense submits to the congressional defense
committees a report that includes the following elements:
(1) The bulk fuel requirements of the United States Indo-
Pacific Command associated with the operational plans of the
command that involve the most stress on bulk fuel,
disaggregated by theater component commander, as such term is
defined in section 1513 of title 10, United States Code,
implementing the requirement.
(2) The hardening requirements of the United States Indo-
Pacific Command associated with the distribution of bulk fuel
to support the proposed force laydown in the area of
responsibility of such command.
(3) A bulk fuels connector strategy to reposition fuels
within the area of responsibility of such command, which shall
include a specific assessment of the following:
(A) The overall bulk fuel requirements for the
force structure of the surface fleet tankers of the
Navy and any specific requirements associated with the
proposed force laydown specified in paragraph (2).
(B) The intra-theater connector strategy of the
Department of Defense to logistically support theater-
specific bulk fuel requirements.
(C) The bulk fuel requirements for light amphibious
warfare ships.
(4) An identification of the funding mechanisms used, or
proposed to be used, to meet each of the requirements specified
in paragraphs (1) through (3), including programmed and
unfunded requirements, and a description of any additional
staffing or resources necessary to meet such requirements.
(5) A risk assessment of the potential risk associated with
the denial of access to bulk fuel storage facilities located in
foreign countries, including a specific assessment of clauses
in contracts entered into by the Director of the Defense
Logistics Agency that provide for surety of access to such
storage facilities, taking into account the insurance sought
with respect to such surety and the anticipated penalties for
failing to provide such surety.
(b) Inclusion in Separate Reports.--An element listed in paragraphs
(1) through (5) of subsection (a) shall be deemed to be included in the
report under subsection (a) if included in a separate report submitted
to the congressional defense committees on or before the date of the
submission of the report under such subsection.
(c) Form.--The report under subsection (a) shall be submitted in an
unclassified and publicly releasable form, but may contain a classified
annex.
SEC. 334. PLACEMENT OF SENTINEL OR MONITORING WELLS IN PROXIMITY TO RED
HILL BULK FUEL STORAGE FACILITY.
(a) In General.--Not later than April 1, 2023, the Secretary of the
Navy, in coordination with the Director of the United States Geological
Survey and the Administrator of the Environmental Protection Agency,
shall submit to the congressional defense committees a report on the
placement of sentinel or monitoring wells in proximity to the Red Hill
Bulk Fuel Storage Facility for the purpose of monitoring and tracking
the movement of fuel that has escaped the Facility. Such report shall
include--
(1) the number and location of new wells that have been
established during the 12-month period preceding the date of
the submission of the report;
(2) an identification of any new wells proposed to be
established;
(3) an analysis of the need for any other wells;
(4) the proposed number and location of any such additional
wells; and
(5) the priority level of each proposed well based on--
(A) the optimal locations for new wells; and
(B) the capability of a proposed well to assist in
monitoring and tracking the movement of fuel toward the
Halawa shaft, the Halawa Well, and the Aiea Well.
(b) Quarterly Briefings.--Not later than 30 days after the
submission of the report under subsection (a), and every 90 days
thereafter for 12 months, the Secretary of the Navy shall provide to
the congressional defense committees a briefing on the progress of the
Department of the Navy toward installing the wells described in
paragraphs (2) and (3) of subsection (a).
SEC. 335. STUDIES RELATING TO WATER NEEDS OF THE ARMED FORCES ON OAHU.
(a) Study on Future Water Needs of Oahu.--
(1) In general.--Not later than July 31, 2023, the
Secretary of Defense shall conduct a study on how the
Department of Defense may best address the future water needs
of the Armed Forces on the island of Oahu. Such study shall
include consideration of--
(A) the construction of a new water treatment plant
or plants;
(B) the construction of a new well for use by
members of the Armed Forces and the civilian
population;
(C) the construction of a new well for the
exclusive use of members of the Armed Forces;
(D) transferring ownership and operation of
existing Department of Defense utilities to a
municipality or existing publicly owned utility;
(E) conveying certain Navy utilities to the
Honolulu Board of Water Supply; and
(F) any other water solutions the Secretary of
Defense determines appropriate.
(2) Consultation.--In carrying out the study under
paragraph (1), the Secretary of Defense shall consult with the
Administrator of the Environmental Protection Agency, the State
of Hawaii, the Honolulu Board of Water Supply, and any other
entity the Secretary of Defense determines appropriate.
(3) Report; briefing.--Upon completion of the study under
paragraph (1), the Secretary of Defense shall--
(A) submit to the appropriate congressional
committees a report on the findings of the study; and
(B) provide to the appropriate congressional
committees a briefing on such findings.
(b) Hydrological Studies.--
(1) Groundwater flow model study.--Not later than July 31,
2023, the Secretary of the Navy, in consultation with the
Administrator of the Environmental Protection Agency, the
Director of the United States Geological Survey, and the State
of Hawaii, shall commence the conduct of a new study, or
continue an existing study, to further refine the modeling of
groundwater flow in the area surrounding the Red Hill Bulk Fuel
Storage Facility. Such study shall be designed to--
(A) seek to improve the understanding of the
direction and rate of groundwater flow and dissolved
fuel migration within the aquifers in the area
surrounding the facility;
(B) reflect site-specific data, including available
data of the heterogeneous subsurface geologic system of
such area; and
(C) address previously identified deficiencies in
existing groundwater flow models.
(2) Deadlines for completion.--
(A) Groundwater flow model study.--The study under
paragraph (1) shall be completed by not later than one
year after the date of the enactment of this Act.
(B) Subsequent study.--Not later than one year
after the date on which the study under paragraph (1)
is completed, the Secretary of the Navy shall complete
a subsequent study to model contaminant fate and
transport in the area surrounding the Red Hill Bulk
Fuel Storage Facility.
(3) Reports; briefings.--Upon completion of a study under
this subsection, the Secretary of the Navy shall--
(A) submit to the congressional defense committees
a report on the findings of the study; and
(B) provide to the congressional defense committees
a briefing on such findings.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Energy and Commerce of the House of
Representatives.
(3) The Committee on Environment and Public Works of the
Senate.
SEC. 336. STUDY ON ALTERNATIVE USES FOR RED HILL BULK FUEL STORAGE
FACILITY.
(a) Study Required.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall seek
to enter into an agreement with a federally funded research and
development center that meets the criteria specified in
paragraph (2) under which such center will conduct a study to
determine the range of feasible alternative Department of
Defense uses for the Red Hill Bulk Fuel Storage Facility and
provide to the Secretary a report on the findings of the study.
The conduct of such study shall include--
(A) engagement with stakeholders;
(B) a review of historical alternative uses of
facilities with similar characteristics; and
(C) such other modalities as determined necessary
to appropriately identify alternative use options,
including data and information collected from various
stakeholders and through site visits to physically
inspect the facility.
(2) Criteria for ffrdc.--The federally funded research and
development center with which the Secretary seeks to enter into
an agreement under paragraph (1) shall meet the following
criteria:
(A) A primary focus on studies and analysis.
(B) A record of conducting research and analysis
using a multidisciplinary approach.
(C) Demonstrated specific competencies in--
(i) life cycle cost-benefit analysis;
(ii) military facilities and how such
facilities support missions; and
(iii) the measurement of environmental
impacts.
(D) A strong reputation for publishing publicly
releasable analysis to inform public debate.
(b) Cost-benefit Analysis.--An agreement entered into pursuant to
subsection (a) shall specify that the study conducted under the
agreement will include a cost-benefit analysis of the feasible
Department of Defense alternative uses considered under the study. Such
cost-benefit analysis shall cover each of the following for each such
alternative use:
(1) The design and construction costs.
(2) Life-cycle costs, including the operation and
maintenance costs of operating the facility, such as annual
operating costs, predicted maintenance costs, and any disposal
costs at the end of the useful life of the facility.
(3) Any potential military benefits.
(4) Any potential benefits for the local economy, including
any potential employment opportunities for members of the
community.
(5) A determination of environmental impact analysis
requirements.
(6) The effects of the use on future mitigation efforts.
(7) Any additional factors determined to be relevant by the
federally funded research and development center in
consultation with the Secretary.
(c) Deadline for Completion.--An agreement entered into pursuant to
subsection (a) shall specify that the study conducted under the
agreement shall be completed by not later than February 1, 2024.
(d) Briefing.--Upon completion of a study conducted under an
agreement entered into pursuant to subsection (a), the Secretary shall
provide to the Committees on Armed Services of the Senate and House of
Representatives a briefing on the findings of the study.
(e) Public Availability.--
(1) FFRDC.--An agreement entered into pursuant to
subsection (a) shall specify that the federally funded research
and development center shall make an unclassified version of
the report provided to the Secretary publicly available on an
appropriate website of the center.
(2) Department of defense.--Upon receipt of such report,
the Secretary shall make an unclassified version of the report
publicly available on an appropriate website of the Department
of Defense.
SEC. 337. BRIEFING ON DEPARTMENT OF DEFENSE EFFORTS TO TRACK HEALTH
IMPLICATIONS OF FUEL LEAKS AT RED HILL BULK FUEL STORAGE
FACILITY.
(a) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of Health and Human Services, shall provide to the
congressional defense committees a briefing on the efforts of the
Secretary of Defense to appropriately track the health implications of
fuel leaks at the Red Hill Bulk Fuel Storage Facility for members of
the Armed Forces and dependents thereof, including members of each
Armed Force and dependents thereof. The briefing shall include each of
the following:
(1) A plan to coordinate with the Director of the Centers
for Disease Control and Prevention to align such efforts with
the public health assessment and monitoring efforts of the
Director.
(2) A description of any potential benefits of coordinating
and sharing data with the State of Hawaii Department of Health.
(3) An analysis of the extent to which data from the State
of Hawaii Department of Health and data from other non-
Department of Defense sources can and should be used in any
long-term health study relating to fuel leaks at the Red Hill
Bulk Fuel Storage Facility.
(4) A description of the potential health implications of
contaminants, including fuel, detected in the drinking water
distribution system at the Red Hill Bulk Fuel Storage Facility
during testing after the fuel leaks at such facility that
occurred in May and November 2021, respectively.
(5) A description of any contaminants, including fuel,
detected in the water supply at the Red Hill Bulk Fuel Storage
Facility during the 12-month period preceding the fuel leak at
such facility that occurred in November 2021.
(6) A description of any potential benefits of broadening
the tracing window to include indications of contaminants,
including fuel, in the drinking water supply at the Red Hill
Bulk Fuel Storage Facility prior to May 2021.
(b) Armed Forces Defined.--In this section, the term ``Armed
Forces'' has the meaning given that term in section 101 of title 10,
United States Code.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
SEC. 341. DEPARTMENT OF DEFENSE RESEARCH RELATING TO PERFLUOROALKYL OR
POLYFLUOROALKYL SUBSTANCES.
(a) Publication of Information.--
(1) In general.--Beginning not later than 180 days after
the date of the enactment of this Act, Secretary of Defense
shall publish on the publicly available website established
under section 331(b) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2701 note)
timely and regularly updated information on the research
efforts of the Department of Defense relating to perfluoroalkyl
substances or polyfluoroalkyl substances, which shall include
the following:
(A) A description of any research collaboration or
data sharing by the Department with the Department of
Veterans Affairs, the Agency for Toxic Substances and
Disease Registry, or any other agency (as defined in
section 551 of title 5, United States Code), State,
academic institution, nongovernmental organization, or
other entity.
(B) Regularly updated information on research
projects supported or conducted by the Department of
Defense pertaining to the development, testing, and
evaluation of a fluorine-free firefighting foam or any
other alternative to aqueous film forming foam that
contains perfluoroalkyl substances or polyfluoroalkyl
substances, excluding any proprietary information that
is business confidential.
(C) Regularly updated information on research
projects supported or conducted by the Department
pertaining to the health effects of perfluoroalkyl
substances or polyfluoroalkyl substances, including
information relating to the impact of such substances
on firefighters, veterans, and military families, and
excluding any personally identifiable information.
(D) Regularly updated information on research
projects supported or conducted by the Department
pertaining to treatment options for drinking water,
surface water, ground water, and the safe disposal of
perfluoroalkyl substances or polyfluoroalkyl
substances.
(E) Budget information, including specific spending
information for the research projects relating to
perfluoroalkyl substances or polyfluoroalkyl substances
that are supported or conducted by the Department.
(F) Such other matters as may be relevant to
ongoing research projects supported or conducted by the
Department to address the use of perfluoroalkyl
substances or polyfluoroalkyl substances and the health
effects of the use of such substances.
(2) Format.--The information published under paragraph (1)
shall be made available in a downloadable, machine-readable,
open, and user-friendly format.
(3) Definitions.--In this subsection:
(A) The term ``military installation'' includes
active, inactive, and former military installations.
(B) The term ``perfluoroalkyl substance'' means a
man-made chemical of which all of the carbon atoms are
fully fluorinated carbon atoms.
(C) The term ``polyfluoroalkyl substance'' means a
man-made chemical containing a mix of fully fluorinated
carbon atoms, partially fluorinated carbon atoms, and
nonfluorinated carbon atoms.
(b) Inclusion of Research Duties in Perfluoroalkyl Substances and
Polyfluoroalkyl Substances Task Force.--Section 2714(e) of title 10,
United States Code, is amended by adding at the end the following new
paragraphs:
``(5) Supporting research efforts relating to
perfluoroalkyl substances or polyfluoroalkyl substances.
``(6) Establishing practices to ensure the timely and
complete dissemination of research findings and related data
relating to perfluoroalkyl substances or polyfluoroalkyl
substances to the general public.''.
SEC. 342. INCREASE OF TRANSFER AUTHORITY FOR FUNDING OF STUDY AND
ASSESSMENT ON HEALTH IMPLICATIONS OF PER- AND
POLYFLUOROALKYL SUBSTANCES CONTAMINATION IN DRINKING
WATER BY AGENCY FOR TOXIC SUBSTANCES AND DISEASE
REGISTRY.
Section 316(a)(2)(B) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350), as amended by
section 315(a) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1713), section 321
of the National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1307), section 337 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 134 Stat. 3533), and section 342 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1643), is further amended--
(1) in clause (ii), by striking ``2023'' and inserting
``2022''; and
(2) by adding at the end the following new clause:
``(iii) Without regard to section 2215 of title 10,
United States Code, the Secretary of Defense may
transfer not more than $20,000,000 during fiscal year
2023 to the Secretary of Health and Human Services to
pay for the study and assessment required by this
section.''.
SEC. 343. PRIZES FOR DEVELOPMENT OF NON-PFAS-CONTAINING TURNOUT GEAR.
Section 330 of the National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283; 134 Stat. 3528; 10 U.S.C. 2661 note
prec.) is amended--
(1) in subsection (a)--
(A) by striking ``of a non-PFAS-containing'' and
inserting ``of the following:''
``(1) A non-PFAS-containing''; and
(B) by adding at the end the following new
paragraph:
``(2) Covered personal protective firefighting equipment
that does not contain an intentionally added perfluoroalkyl
substance or polyfluoroalkyl substance.''; and
(2) by amending subsection (f) to read as follows:
``(f) Definitions.--In this section:
``(1) The term `perfluoroalkyl substance' means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
``(2) The term `polyfluoroalkyl substance' means a man-made
chemical containing at least one fully fluorinated carbon atom
and at least one non-fully fluorinated carbon atom.
``(3) The term `covered personal protective firefighting
equipment'' means the following:
``(A) Turnout gear jacket or coat.
``(B) Turnout gear pants.
``(C) Turnout coveralls.
``(D) Any other personal protective firefighting
equipment, as determined by the Secretary of Defense,
in consultation with the Administrator of the United
States Fire Administration.''.
SEC. 344. MODIFICATION OF LIMITATION ON DISCLOSURE OF RESULTS OF
TESTING FOR PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES
ON PRIVATE PROPERTY.
Section 345(a)(2) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 2715 note) is amended by
inserting ``personally identifiable information in connection with''
after ``publicly disclose''.
SEC. 345. RESTRICTION ON PROCUREMENT OR PURCHASING BY DEPARTMENT OF
DEFENSE OF TURNOUT GEAR FOR FIREFIGHTERS CONTAINING
PERFLUOROALKYL SUBSTANCES OR POLYFLUOROALKYL SUBSTANCES.
(a) Prohibition on Procurement and Purchasing.--Subject to
subsection (d), beginning on October 1, 2026, the Secretary of Defense
may not enter into a contract to procure or purchase covered personal
protective firefighting equipment for use by Federal or civilian
firefighters if such equipment contains an intentionally added
perfluoroalkyl substance or polyfluoroalkyl substance.
(b) Implementation.--
(1) Inclusion in contracts.--The Secretary of Defense shall
include the prohibition under subsection (a) in any contract
entered into by the Department of Defense to procure covered
personal protective firefighting equipment for use by Federal
or civilian firefighters.
(2) No obligation to test.--In carrying out the prohibition
under subsection (a), the Secretary shall not have an
obligation to test covered personal protective firefighting
equipment to confirm the absence of perfluoroalkyl substances
or polyfluoroalkyl substances.
(c) Existing Inventory.--Nothing in this section shall impact
existing inventories of covered personal protective firefighting
equipment.
(d) Availability of Alternatives.--
(1) In general.--The requirement under subsection (a) shall
be subject to the availability of sufficiently protective
covered personal protective firefighting equipment that does
not contain intentionally added perfluoroalkyl substances or
polyfluoroalkyl substances.
(2) Extension of effective date.--If the Secretary of
Defense determines that no sufficiently protective covered
personal protective firefighting equipment that does not
contain intentionally added perfluoroalkyl substances or
polyfluoroalkyl substances is available, the deadline under
subsection (a) shall be extended until the Secretary determines
that such covered personal protective firefighting equipment is
available.
(e) Definitions.--In this section:
(1) The term ``covered personal protective firefighting
equipment'' means--
(A) any product that provides protection to the
upper and lower torso, arms, legs, head, hands, and
feet; or
(B) any other personal protective firefighting
equipment, as determined by the Secretary of Defense.
(2) The term ``perfluoroalkyl substance'' means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
(3) The term ``polyfluoroalkyl substance'' means a man-made
chemical containing at least one fully fluorinated carbon atom
and at least one non-fully fluorinated carbon atom.
SEC. 346. ANNUAL REPORT ON PFAS CONTAMINATION AT CERTAIN MILITARY
INSTALLATIONS FROM SOURCES OTHER THAN AQUEOUS FILM-
FORMING FOAM.
Not later than one year after the date of the enactment of this
Act, and annually thereafter for the following four years, the Under
Secretary of Defense for Acquisition and Sustainment shall submit to
the congressional defense committees a report on any known or suspected
contamination on or around military installations located in the United
States resulting from the release of any perfluoroalkyl substance or
polyfluoroalkyl substance originating from a source other than aqueous
film-forming foam.
SEC. 347. REPORT ON CRITICAL PFAS USES; BRIEFINGS ON DEPARTMENT OF
DEFENSE PROCUREMENT OF CERTAIN ITEMS CONTAINING PFOS OR
PFOA.
(a) Identification of Critical Uses.--Not later than June 1, 2023,
the Secretary of Defense, in consultation with the Defense Critical
Supply Chain Task Force and the Chemical and Material Risk Management
Program of the Department of Defense, shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a report
outlining the uses of perfluoroalkyl substances and polyfluoroalkyl
substances that are critical to the national security of the United
States, with a focus on such critical uses in--
(1) the sectors outlined in the February 2022 report of the
Department of Defense titled ``Securing Defense-Critical Supply
Chains''; and
(2) sectors of strategic importance for domestic production
and investment to build supply chain resilience, including
kinetic capabilities, energy storage and batteries, and
microelectronics and semiconductors.
(b) Annual Briefings.--Not later than 270 days after the date of
the enactment of this Act, and annually thereafter, the Secretary of
Defense shall provide to the Committees on Armed Services of the House
of Representatives and the Senate a briefing that includes a
description of each of the following:
(1) Steps taken to identify covered items procured by the
Department of Defense that contain perfluorooctane sulfonate
(PFOS) or perfluorooctanoic acid (PFOA).
(2) Steps taken to identify products and vendors of covered
items that do not contain PFOS or PFOA.
(3) Steps taken to limit the procurement by the Department
of covered items that contain PFOS or PFOA.
(4) Steps the Secretary intends to take to limit the
procurement of covered items that contain PFOS or PFOA.
(c) Covered Item Defined.--In this section, the term ``covered
item'' means--
(1) nonstick cookware or cooking utensils for use in
galleys or dining facilities; and
(2) upholstered furniture, carpets, and rugs that have been
treated with stain-resistant coatings.
Subtitle E--Logistics and Sustainment
SEC. 351. RESOURCES REQUIRED FOR ACHIEVING MATERIEL READINESS METRICS
AND OBJECTIVES FOR MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) In General.--Section 118 of title 10, United States Code, is
amended:
(1) in subsection (d)(2), by striking ``objectives'' and
inserting ``objectives, such as infrastructure, workforce, or
supply chain considerations'';
(2) redesignating subsection (e) as subsection (f); and
(3) inserting after subsection (d) the following new
subsection (e):
``(e) Funding Estimates.--Not later than five days after the date
on which the Secretary of Defense submits to Congress the materials in
support of the budget of the President for a fiscal year, the Director
of Cost Assessment and Performance Evaluation shall submit to the
congressional defense committees a comprehensive estimate of the funds
necessary to meet the materiel readiness objectives required by
subsection (c) through the period covered by the most recent future-
years defense program. At a minimum, the Director shall provide, for
each major weapon system, by designated mission design series, variant,
or class, a comprehensive estimate of the funds necessary to meet such
objectives that--
``(1) have been obligated by subactivity group within the
operation and maintenance accounts for the second fiscal year
preceding the budget year;
``(2) the Director estimates will have been obligated by
subactivity group within the operation and maintenance accounts
by the end of the fiscal year preceding the budget year; and
``(3) have been budgeted and programmed across the future
years defense program within the operation and maintenance
accounts by subactivity group.''.
(b) Phased Implementation.--The Director of Cost Assessment and
Performance Evaluation may meet the requirements of subsection (e) of
section 118 of title 10, United States Code, as added by subsection
(a), through a phased submission of the funding estimates required
under such subsection. In conducting a phased implementation, the
Director shall ensure that--
(1) for the budget request for fiscal year 2024, funding
estimates are provided for a representative sample by military
department of at least one-third of the major weapon systems;
(2) for the budget request for fiscal year 2025, funding
estimates are provided for an additional one-third of the major
weapon systems; and
(3) full implementation for all major weapons systems is
completed not later than five days after the date on which the
Secretary of Defense submits to Congress the materials in
support of the budget of the President for fiscal year 2026.
SEC. 352. ANNUAL PLAN FOR MAINTENANCE AND MODERNIZATION OF NAVAL
VESSELS.
(a) Annual Plan.--Section 231 of title 10, United States Code, is
amended--
(1) in the heading, by inserting ``, maintenance, and
modernization'' after ``construction'';
(2) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively;
(3) by inserting after subsection (c) the following new
subsection:
``(d) Annual Plan for Maintenance and Modernization of Naval
Vessels.--In addition to the plan included under subsection (a)(1), the
Secretary of Defense shall include with the defense budget materials
for a fiscal year each of the following:
``(1) A plan for the maintenance and modernization of naval
vessels that includes the following:
``(A) A forecast of the maintenance and
modernization requirements for both the naval vessels
in the inventory of the Navy and the vessels required
to be delivered under the naval vessel construction
plan under subsection (a)(1).
``(B) A description of the initiatives of the
Secretary of the Navy to ensure that activities key to
facilitating the maintenance and modernization of naval
vessels (including with respect to increasing workforce
and industrial base capability and capacity, shipyard
level-loading, and facility improvements) receive
sufficient resourcing, and are including in appropriate
planning, to facilitate the requirements specified in
subparagraph (A).
``(2) A certification by the Secretary that both the budget
for that fiscal year and the future-years defense program
submitted to Congress in relation to such budget under section
221 of this title provide for funding for the maintenance and
modernization of naval vessels at a level that is sufficient
for such maintenance and modernization in accordance with the
plan under paragraph (1).''; and
(4) in subsection (f), as redesignated by paragraph (2), by
inserting `` and the plan and certification under subsection
(d)'' after ``subsection (a)''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 9 of title 10, United States Code, is amended by striking the
item relating to section 231 and inserting the following new item:
``231. Budgeting for construction, maintenance, and modernization of
naval vessels: annual plan and
certification.''.
SEC. 353. INCLUSION OF INFORMATION REGARDING JOINT MEDICAL ESTIMATES IN
READINESS REPORTS.
Section 482(b) of title 10, United States Code, is amended--
(1) by redesignating paragraph (11) as paragraph (12); and
(2) by inserting after paragraph (10) the following new
paragraph:
``(11) A summary of the joint medical estimate under
section 732(b)(1) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1817) prepared by the Joint Staff Surgeon, with a
mitigation plan to correct any readiness problem or deficiency
and the timeline, cost, and any legislative action required to
correct any such problem or deficiency.''.
SEC. 354. INAPPLICABILITY OF ADVANCE BILLING DOLLAR LIMITATION FOR
RELIEF EFFORTS FOLLOWING MAJOR DISASTERS OR EMERGENCIES.
Section 2208(l)(3) of title 10, United States Code, is amended--
(1) by striking ``The total'' and inserting ``(A) Except as
provided in subparagraph (B), the total''; and
(2) by adding at the end the following new subparagraph:
``(B) The dollar limitation under subparagraph (A) shall not apply
with respect to advance billing for relief efforts following a
declaration of a major disaster or emergency under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.).''.
SEC. 355. REPEAL OF COMPTROLLER GENERAL REVIEW ON TIME LIMITATIONS ON
DURATION OF PUBLIC-PRIVATE COMPETITIONS.
Section 322(c) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2252) is repealed.
SEC. 356. IMPLEMENTATION OF COMPTROLLER GENERAL RECOMMENDATIONS
REGARDING SHIPYARD INFRASTRUCTURE OPTIMIZATION PLAN OF
THE NAVY.
(a) In General.--Not later than March 1, 2023, the Secretary of the
Navy shall--
(1) develop metrics for assessing progress of the Secretary
toward improved shipyard capacity and performance in carrying
out the Shipyard Infrastructure Optimization Plan of the Navy,
including by measuring the effectiveness of capital
investments;
(2) ensure that the shipyard optimization program office of
the Navy--
(A) includes all costs, such as inflation, program
office activities, utilities, roads, environmental
remediation, historic preservation, and alternative
workspace when developing a detailed cost estimate; and
(B) uses cost estimating best practices in
developing a detailed cost estimate, including--
(i) a program baseline;
(ii) a work breakdown structure;
(iii) a description of the methodology and
key assumptions;
(iv) a consideration of inflation;
(v) a full assessment of risk and
uncertainty; and
(vi) a sensitivity analysis; and
(3) obtain independent cost estimates for projects under
the shipyard optimization program that are estimated to exceed
$250,000,000, to validate the cost estimates of the Navy
developed for such projects pursuant to paragraph (2) and
inform the prioritization of projects under such program.
(b) Briefing.--If the Secretary of the Navy is unable to implement
the requirements under subsection (a) by March 1, 2023, the Secretary
shall brief the Committees on Armed Services of the Senate and the
House of Representatives before such date on--
(1) the current progress of the Secretary toward
implementing those requirements;
(2) any hindrance to implementing those requirements; and
(3) any additional resources necessary to implement those
requirements.
SEC. 357. LIMITATION ON AVAILABILITY OF FUNDS FOR MILITARY INFORMATION
SUPPORT OPERATIONS.
Of the funds authorized to be appropriated by this Act or otherwise
made available for Operation and Maintenance, Defense-Wide, for
military information support operations, not more than 75 percent may
be obligated or expended until the Secretary of Defense submits to the
congressional defense committees a plan for--
(1) appropriately scoping and tailoring messaging
activities to foreign target audiences;
(2) ensuring messages serve a valid military purpose;
(3) effectively managing risk associated with web-based
military information support operations;
(4) maintaining alignment with policies and procedures of
the Department of Defense;
(5) adequately overseeing and approving the work of
contractors;
(6) ensuring alignment with policy guidance and procedures
of the Department; and
(7) coordinating activities with the Global Engagement
Center of the Department of State and other relevant non-
Department of Defense entities.
SEC. 358. NOTIFICATION OF MODIFICATION TO POLICY REGARDING RETENTION
RATES FOR NAVY SHIP REPAIR CONTRACTS.
(a) Notification.--The Secretary of the Navy may not modify the
general policy of the Department of the Navy regarding retention rates
for contracts for Navy ship repair until a period of 15 days has
elapsed following the date on which the Assistant Secretary of the Navy
for Research, Development, and Acquisition submits to the congressional
defense committees a notification that includes, with respect to such
modification, the following information:
(1) An identification of any considerations that informed
the decision to so modify.
(2) A description of the desired effect of the modification
on the Navy ship repair industrial base.
(b) Termination.--This section, and the requirements thereof, shall
terminate on September 30, 2025.
SEC. 359. RESEARCH AND ANALYSIS ON CAPACITY OF PRIVATE SHIPYARDS IN
UNITED STATES AND EFFECT OF THOSE SHIPYARDS ON NAVAL
FLEET READINESS.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Navy shall seek to enter
into an agreement with a nonprofit entity or a federally funded
research and development center to conduct research and analysis
regarding the capacity and capability of private shipyards in the
United States to repair, maintain, and modernize surface combatants and
support ships of the Navy to ensure fleet readiness.
(b) Elements.--The research and analysis conducted under subsection
(a) shall include the following:
(1) An assessment of the maintenance needs of the Navy
during the five-year period preceding the date of the enactment
of this Act, including the frequency of unplanned maintenance
and the average time it takes to repair ships.
(2) An assessment of the projected maintenance needs of the
Navy during the 10-year period following such date of
enactment.
(3) An assessment of whether current private shipyards in
the United States have the capacity to meet current and
anticipated needs of the Navy to maintain and repair ships,
including whether there are adequate ship repair facilities and
a sufficiently trained workforce.
(4) An identification of barriers limiting the success of
intermediate-level and depot-level maintenance availabilities,
including constraints of adding private depot capacity and
capability.
(5) Recommendations based on the findings of paragraphs (1)
through (4) regarding actions the Secretary of the Navy can
take to ensure there is an industrial base of private ship
repair facilities to meet the needs of the Navy and ensure
fleet readiness, including whether the Secretary should
institute a new force generation model, establish additional
homeport facilities, or establish new hub-type maintenance
facilities.
(c) Input From Private Shipyards.--In conducting research and
analysis under subsection (a), the nonprofit entity or federally funded
research and development center with which the Secretary of the Navy
enters into an agreement under subsection (a) shall consult with
private shipyards regarding--
(1) the fleet maintenance needs of surface combatant and
support ships of the Navy;
(2) private shipyard capacity, including workforce; and
(3) additional investment in private shipyards necessary to
meet the needs of the Navy.
(d) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the nonprofit entity or federally
funded research and development center with which the Secretary
of the Navy enters into an agreement under subsection (a) shall
submit to the Secretary a report on the results of the research
and analysis undertaken under such subsection.
(2) Submission to congress.--Not later than 30 days after
the Secretary receives the report under paragraph (1), the
Secretary shall submit to the congressional defense committees
a copy of the report.
SEC. 360. INDEPENDENT STUDY RELATING TO FUEL DISTRIBUTION LOGISTICS
ACROSS UNITED STATES INDO-PACIFIC COMMAND.
(a) Study.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall seek to enter into a
contract with a federally funded research and development center that
meets the criteria under subsection (b) to conduct a study on fuel
distribution logistics in the area of responsibility of the United
States Indo-Pacific Command.
(b) Criteria for FFRDC.--The criteria under this subsection are the
following:
(1) A primary focus on the conduct of studies and analysis.
(2) A demonstrated record of conducting research and
analysis using a multidisciplinary approach.
(3) A strong reputation for publishing publicly releasable
analysis to inform public debate.
(c) IDA Strategic Fuel Assessment.--In conducting the study
pursuant to a contract under subsection (a), the federally funded
research and development center shall use the results of the July 1,
2020, report of the Institute for Defense Analyses titled ``INDOPACOM
Strategic Fuel Assessment'' as a baseline to inform its analysis of
fuel distribution logistics in the area of responsibility of the United
States Indo-Pacific Command.
(d) Elements.--A contract under subsection (a) shall provide that a
study conducted under the contract shall include, with respect to the
area of responsibility of the United States Indo-Pacific Command, the
following:
(1) An evaluation of the vulnerabilities associated with
the production, refinement, and distribution of fuel by the
Armed Forces during periods of conflict and in contested
logistics environments within the area, including with respect
to the capability of the Armed Forces to sustain operational
flights by aircraft and joint force distributed operations.
(2) An assessment of potential adversary capabilities to
disrupt such fuel distribution in the area through a variety of
means, including financial means, cyber means, and conventional
kinetic attacks.
(3) An assessment of any gaps in the capability or capacity
of inter- or intra-theater fuel distribution, including any
gaps relating to storage, transfer platforms, manning for
platforms, command and control, or fuel handling.
(4) An evaluation of the positioning of defense fuel
support points in the area, including with respect to
operational suitability and vulnerability to a variety of
kinetic threats.
(5) An assessment of the readiness of allies and partners
of the United States to support the supply, storage, and
distribution of fuel by the Armed Forces in the area, including
a review of any relevant security cooperation agreements
entered into between the United States and such allies and
partners.
(6) An assessment of potential actions to mitigate any
vulnerabilities identified pursuant to the study.
(e) Report.--
(1) Submission to secretary of defense.--
(A) In general.--A contract under subsection (a)
shall provide that a study conducted under the contract
shall require that the federally funded research and
development center submit to the Secretary a report
containing the findings of such study.
(B) Form.--The report under subparagraph (A) shall
be submitted in an unclassified and publicly releasable
form, but may include a classified annex.
(2) Submission to congress.--Not later than 30 days after
the date on which the Secretary receives the report under
paragraph (1)(A), the Secretary shall submit to the appropriate
congressional committees a copy of such report, submitted
without change.
(f) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(C) the Committee on Commerce, Science, and
Transportation of the Senate.
(2) The term ``contested logistics environment'' has the
meaning given such term in section 2926 of title 10, United
States Code.
SEC. 361. QUARTERLY BRIEFINGS ON EXPENDITURES FOR ESTABLISHMENT OF FUEL
DISTRIBUTION POINTS IN UNITED STATES INDO-PACIFIC COMMAND
AREA OF RESPONSIBILITY.
(a) Quarterly Briefings.--On a quarterly basis until the date that
is two years after the date of the enactment of this Act, the Commander
of United States Indo-Pacific Command shall provide to the
congressional defense committees briefings on the use of the funds
described in subsection (c).
(b) Contents of Briefings.--Each briefing under subsection (a)
shall include an expenditure plan for the establishment of fuel
distribution points in the area of responsibility of United States
Indo-Pacific Command relating to the defueling and closure of the Red
Hill Bulk Fuel Storage Facility.
(c) Funds Described.--The funds described in this subsection are
the amounts authorized to be appropriated or otherwise made available
for fiscal year 2023 for Military Construction, Defense-wide for
Planning and Design for United States Indo-Pacific Command.
Subtitle F--Matters Relating to Depots and Ammunition Production
Facilities
SEC. 371. BUDGETING FOR DEPOT AND AMMUNITION PRODUCTION FACILITY
MAINTENANCE AND REPAIR: ANNUAL REPORT.
Chapter 9 of title 10, United States Code, is amended by adding at
the end the following new section (and conforming the table of sections
at the beginning of such chapter accordingly):
``Sec. 239d. Budgeting for depot and ammunition production facility
maintenance and repair: annual report
``(a) Annual Report.--The Secretary of Defense, in coordination
with the Secretaries of the military departments, shall include with
the defense budget materials for each fiscal year a report regarding
the maintenance and repair of covered facilities.
``(b) Elements.--Each report required under subsection (a) shall
include, at a minimum, the following (disaggregated by military
department):
``(1) With respect to each of the three fiscal years
preceding the fiscal year covered by the defense budget
materials with which the report is included, revenue data for
that fiscal year for the maintenance, repair, and overhaul
workload funded at all the depots of the military department.
``(2) With respect to the fiscal year covered by the
defense budget materials with which the report is included and
each of the two fiscal years prior, an identification of the
following:
``(A) The amount of appropriations budgeted for
that fiscal year for depots, further disaggregated by
the type of appropriation.
``(B) The amount budgeted for that fiscal year for
working-capital fund investments by the Secretary of
the military department for the capital budgets of the
covered depots of the military department, shown in
total and further disaggregated by whether the
investment relates to the efficiency of depot
facilities, work environment, equipment, equipment
(non-capital investment program), or processes.
``(C) The total amount required to be invested by
the Secretary of the military department for that
fiscal year for the capital budgets of covered depots
pursuant to section 2476(a) of this title.
``(D) A comparison of the budgeted amount
identified under subparagraph (B) with the total
required amount identified under subparagraph (C).
``(E) For each covered depot of the military
department, of the total required amount identified
under subparagraph (C), the percentage of such amount
allocated, or projected to be allocated, to the covered
depot for that fiscal year.
``(3) For each covered facility of the military department,
the following:
``(A) Information on the average facility
condition, average critical facility condition,
restoration and maintenance project backlog, and
average equipment age, including a description of any
changes in such metrics from previous years.
``(B) Information on the status of the
implementation at the covered facility of the plans and
strategies of the Department of Defense relating to
covered facility improvement, including, as applicable,
the implementation of the strategy required under
section 359 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1323; 10 U.S.C. 2460 note).
``(c) Definitions.--In this section:
``(1) The term `ammunition production facility' means an
ammunition organic industrial base production facility.
``(2) The terms `budget' and `defense budget materials'
have the meaning given those terms in section 234 of this
title.
``(3) The term `covered depot' has the meaning given that
term in section 2476 of this title.
``(4) The term `covered facility' means a covered depot or
an ammunition production facility.''.
SEC. 372. EXTENSION OF AUTHORIZATION OF DEPOT WORKING CAPITAL FUNDS FOR
UNSPECIFIED MINOR MILITARY CONSTRUCTION.
Section 2208(u)(4) of title 10, United States Code, is amended by
striking ``2023'' and inserting ``2025''.
SEC. 373. FIVE-YEAR PLANS FOR IMPROVEMENTS TO DEPOT AND AMMUNITION
PRODUCTION FACILITY INFRASTRUCTURE.
Chapter 146 of title 10, United States Code, is amended by
inserting after section 2742 the following new section (and conforming
the table of sections at the beginning of such chapter accordingly):
``Sec. 2473. Annual five-year plans on improvement of depot
infrastructure
``(a) Submission.--As part of the annual budget submission of the
President under section 1105(a) of title 31, each Secretary of a
military department shall submit to the congressional defense
committees a plan describing the objectives of that Secretary to
improve depot infrastructure during the five fiscal years following the
fiscal year for which such budget is submitted.
``(b) Elements.--Each plan submitted by a Secretary of a military
department under subsection (a) shall include the following:
``(1) With respect to the five-year period covered by the
plan, an identification of the major lines of effort,
milestones, and specific goals of the Secretary over such
period relating to the improvement of depot infrastructure and
a description of how such goals support the goals outlined in
section 359(b)(1)(B) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1324; 10
U.S.C. 2476 note).
``(2) The estimated costs of necessary depot infrastructure
improvements and a description of how such costs would be
addressed by the Department of Defense budget request submitted
during the same year as the plan and the applicable future-
years defense program.
``(3) Information regarding the plan of the Secretary to
initiate such environmental and engineering studies as may be
necessary to carry out planned depot infrastructure
improvements.
``(4) Detailed information regarding how depot
infrastructure improvement projects will be paced and sequenced
to ensure continuous operations.
``(c) Incorporation of Results-oriented Management Practices.--Each
plan under subsection (a) shall incorporate the leading results-
oriented management practices identified in the report of the
Comptroller General of the United States titled `Actions Needed to
Improve Poor Conditions of Facilities and Equipment that Affect
Maintenance Timeliness and Efficiency' (GAO-19-242), or any successor
report, including--
``(1) analytically based goals;
``(2) results-oriented metrics;
``(3) the identification of required resources, risks, and
stakeholders; and
``(4) regular reporting on progress to decision makers.''.
SEC. 374. MODIFICATION TO MINIMUM CAPITAL INVESTMENT FOR CERTAIN
DEPOTS.
(a) Modification.--Section 2476 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``Each fiscal year'' and inserting
``(1) Each fiscal year'';
(B) by striking ``six'' and inserting ``eight'';
and
(C) by inserting after paragraph (1), as designated
by subparagraph (A), the following new paragraph:
``(2) Of the amount required to be invested in the capital budgets
of the covered depots of a military department under paragraph (1) for
each fiscal year--
``(A) 75 percent shall be used for the modernization or
improvement of the efficiency of depot facilities, equipment,
work environment, or processes in direct support of depot
operations; and
``(B) 25 percent shall be used for the sustainment,
restoration, and modernization (as such terms are defined in
the Department of Defense Financial Management Regulation
7000.14-R, or successor regulation) of existing facilities or
infrastructure.'';
(2) in subsection (b), by striking ``, but does not include
funds spent for sustainment of existing facilities,
infrastructure, or equipment'';
(3) by redesignating subsections (c) through (e) as
subsections (d) through (f);
(4) by inserting after subsection (b) the following new
subsection:
``(c) Compliance With Certain Requirements Relating to Personnel
and Total Force Management.--In identifying amounts to invest pursuant
to the requirement under subsection (a)(1), the Secretary of a military
department shall comply with all applicable requirements of sections
129 and 129a of this title.''; and
(5) in subsection (e)(2), as redesignated by paragraph (3),
by adding at the end the following new subparagraph:
``(F) A table enumerating, for the period covered by the
report, the amounts invested to meet the requirement under
subsection (a)(1), disaggregated by funding source and whether
the amount is allocated pursuant to subparagraph (A) or
subparagraph (B) of subsection (a)(2).''.
(b) Technical and Conforming Amendments.--
(1) In general.--Such section is further amended in
subsections (d) and (e), as redesignated by subsection (a)(3),
by striking ``subsection (a)'' and inserting ``subsection
(a)(1)'' each place it appears.
(2) Additional technical and conforming amendments.--
Section 2861(b) of title 10, United States Code, is amended--
(A) by striking ``subsection (e) of section 2476''
and inserting ``subsection (f) of section 2476''; and
(B) by striking ``subsection (a) of such section''
and inserting ``subsection (a)(1) of such section''.
(c) Applicability.--The amendments made by this section shall apply
with respect to fiscal years beginning on or after October 1, 2023.
SEC. 375. CONTINUATION OF REQUIREMENT FOR BIENNIAL REPORT ON CORE
DEPOT-LEVEL MAINTENANCE AND REPAIR.
(a) In General.--Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1000; 10 U.S.C. 111 note) does not apply to the report required to be
submitted to Congress under section 2464(d) of title 10, United States
Code.
(b) Conforming Repeal.--Section 1061(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2401; 10 U.S.C. 111 note) is amended by striking paragraph (45).
SEC. 376. CONTINUATION OF REQUIREMENT FOR ANNUAL REPORT ON FUNDS
EXPENDED FOR PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND
REPAIR WORKLOADS.
(a) In General.--Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1000; 10 U.S.C. 111 note) does not apply to the report required to be
submitted to Congress under section 2466(d) of title 10, United States
Code.
(b) Conforming Repeal.--Section 1061(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2401; 10 U.S.C. 111 note) is amended by striking paragraph (46).
SEC. 377. CLARIFICATION OF CALCULATION FOR CERTAIN WORKLOAD CARRYOVER
OF DEPARTMENT OF THE ARMY.
For purposes of calculating the amount of workload carryover with
respect to the depots and arsenals of the Department of the Army, the
Secretary of Defense shall authorize the Secretary of the Army to use a
calculation for such carryover that applies a material end of period
exclusion.
Subtitle G--Other Matters
SEC. 381. ANNUAL REPORTS BY DEPUTY SECRETARY OF DEFENSE ON ACTIVITIES
OF JOINT SAFETY COUNCIL.
Section 184(k) of title 10, United States Code is amended--
(1) by striking ``Report.--The Chair'' and inserting
``Reports.--(1) The Chair''; and
(2) by adding at the end the following new paragraph:
``(2) Not later than March 31, 2023, and not later than December 31
of each year thereafter, the Deputy Secretary of Defense shall submit
to the congressional defense committees a report containing--
``(A) a summary of the goals and priorities of the Deputy
Secretary for the year following the date of the submission of
the report with respect to the activities of the Council; and
``(B) an assessment by the Deputy Secretary of the
activities of the Council carried out during the year preceding
the date of such submission.''.
SEC. 382. ACCOUNTABILITY FOR DEPARTMENT OF DEFENSE CONTRACTORS USING
MILITARY WORKING DOGS.
(a) In General.--Chapter 50 of title 10, United States Code, is
amended by adding at the end the following new section (and conforming
the table of sections at the beginning of such chapter accordingly):
``Sec. 995. Accountability for contractors using military working dogs
``(a) Annual Reporting Requirement for Contractors.--Each covered
contract shall specify that the contractor is required to submit to the
Under Secretary of Defense (Comptroller), on an annual basis for the
duration of the covered contract, a report containing an identification
of--
``(1) the number of military working dogs that are in the
possession of the covered contractor and located outside of the
continental United States in support of a military operation,
if any; and
``(2) the primary location of any such military working
dogs.
``(b) Covered Contract Defined.--In this section the term `covered
contract' means a contract that the Secretary of Defense determines
involves military working dogs.''.
(b) Applicability.--Section 995 of title 10, United States Code, as
added by subsection (a), shall apply with respect to a contract entered
into on or after the date of the enactment of this Act.
(c) Briefing Requirement.--Not later than March 1, 2023, and
annually thereafter for each of the subsequent three years, the
Secretary of Defense shall provide to the congressional defense
committees a briefing on the implementation of section 995 of title 10,
United States Code, as added by subsection (a).
(d) Deadline for Guidance.--Not later than 180 days after the date
of the enactment of this Act, the Under Secretary of Defense
(Comptroller) shall issue the guidance on the annual reporting
requirement under section 995 of title 10, United States Code, as added
by subsection (a).
(e) Regulations to Prohibit Abandonment.--Not later than two years
after the date of the enactment of this Act, the Secretary of Defense
shall issue regulations to prohibit the abandonment of military working
dogs used in support of a military operation outside of the continental
United States.
SEC. 383. MEMBERSHIP OF COAST GUARD ON JOINT SAFETY COUNCIL.
Section 184(b)(1) of title 10, United States Code, is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D) During periods in which the Coast Guard is not
operating as a service in the Department of the Navy, an
officer of the Coast Guard, appointed by the Secretary of
Homeland Security.''.
SEC. 384. INCLUSION IN REPORT ON UNFUNDED PRIORITIES NATIONAL GUARD
RESPONSIBILITIES IN CONNECTION WITH NATURAL AND MAN-MADE
DISASTERS.
(a) In General.--In the report required under section 222a of title
10, United States Code, for fiscal year 2024, the officer specified
under subsection (b)(7) of such section shall include as part of the
National Guard unfunded priorities described in subsection (c)(3) of
such section unfunded priorities that relate to non-Federal National
Guard responsibilities in connection with natural and man-made
disasters.
(b) Technical Amendment.--Section 222a(c)(3) of title 10, United
States Code, is amended by striking ``subsection (b)(6)'' both places
it appears and inserting ``subsection (b)(7)''.
SEC. 385. SUPPORT FOR TRAINING OF NATIONAL GUARD PERSONNEL ON WILDFIRE
PREVENTION AND RESPONSE.
Section 351 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1367; 32 U.S.C. 501 note) is
amended to read as follows:
``SEC. 351. TRAINING OF NATIONAL GUARD PERSONNEL ON WILDFIRE PREVENTION
AND RESPONSE.
``The Secretary of the Army and the Secretary of the Air Force, in
consultation with the Chief of the National Guard Bureau, may provide
support for the training of appropriate personnel of the National Guard
on wildfire prevention and response. In carrying out this section, the
Secretaries--
``(1) shall give a preference to personnel assigned to
military installations with the highest wildfire suppression
needs, as determined by the Secretaries; and
``(2) may consult with the Executive Board of the National
Interagency Fire Center.''.
SEC. 386. INTERAGENCY COLLABORATION AND EXTENSION OF PILOT PROGRAM ON
MILITARY WORKING DOGS AND EXPLOSIVES DETECTION.
(a) Extension of Pilot Program.--Section 381(b) of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1672; 10 U.S.C. 3062 note) is amended by striking ``2024'' and
inserting ``2025''.
(b) Review of Research Efforts of Department of Defense and
Department of Homeland Security.--
(1) Review.--The Secretary of Defense, in coordination with
the Secretary of Homeland Security, shall conduct a review of
the recent and ongoing research, testing, and evaluation
efforts of the Department of Defense and the Department of
Homeland Security, respectively, regarding explosives detection
working dogs.
(2) Matters.--The review under paragraph (1) shall include
an analysis of the following:
(A) Any recent or ongoing research efforts of the
Department of Defense or the Department of Homeland
Security, respectively, relating to explosives
detection working dogs, and any similarities between
such efforts.
(B) Any recent or ongoing veterinary research
efforts of the Department of Defense or the Department
of Homeland Security, respectively, relating to working
dogs, canines, or other areas that may be relevant to
the improvement of the breeding, health, performance,
or training of explosives detection working dogs.
(C) Any research areas relating to explosives
detection working dogs in which there is a need for
ongoing research but no such ongoing research is being
carried out by either the Secretary of Defense or the
Secretary of Homeland Security, particularly with
respect to the health, domestic breeding, and training
of explosives detection working dogs.
(D) How the recent and ongoing research efforts of
the Department of Defense and the Department of
Homeland Security, respectively, may improve the
domestic breeding of working dogs, including explosives
detection working dogs, and the health outcomes and
performance of such domestically bred working dogs,
including through coordination with academic or
industry partners with experience in research relating
to working dogs.
(E) Potential opportunities for the Secretary of
Defense to collaborate with the Secretary of Homeland
Security on research relating to explosives detection
working dogs.
(F) Any research partners of the Department of
Defense or the Department of Homeland Security, or
both, that may be beneficial in assisting with the
research efforts and areas described in this
subsection.
(c) Plan Required.--Not later than 180 days of the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of Homeland Security, shall submit to the appropriate
congressional committees a plan for the Secretary of Defense to
collaborate, as appropriate, with the Secretary of Homeland Security on
research relating to explosives detection working dogs and other
relevant matters. Such plan shall include the following:
(1) An analysis of potential opportunities for
collaboration between the Secretary of Defense and the
Secretary of Homeland Security on the research efforts and
areas described in subsection (a)(2).
(2) An identification of specific programs or areas of
research for such collaboration.
(3) An identification of any additional agreements or
authorities necessary for the Secretaries to carry out such
collaboration.
(4) An identification of additional funding necessary to
carry out such collaboration.
(5) An analysis of potential coordination on the research
efforts and areas described in subsection (a)(2) with academic
and industry partners with experience in research relating to
working dogs, including an identification of potential
opportunities for such coordination in carrying out the
collaboration described in paragraph (1).
(6) A proposed timeline for the Secretary of Defense to
engage in such collaboration, including specific proposed
deadlines.
(7) A description of how programs carried out pursuant to
this section seek to address the health and welfare issues
identified by the Comptroller General of the United States in
the report titled ``Working Dogs: Federal Agencies Need to
Better Address Health and Welfare'' published on October 19,
2022 (GAO-23-104489).
(8) Any other matters the Secretary of Defense considers
appropriate.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The congressional defense committees.
(B) The Committee on Homeland Security of the House
of Representatives.
(C) The Committee on Homeland Security and
Governmental Affairs of the Senate.
(2) The term ``explosives detection working dog'' means a
canine that, in connection with the work duties of the canine
performed for a Federal department or agency, is certified and
trained to detect odors indicating the presence of explosives
in a given object or area, in addition to the performance of
such other duties for the Federal department or agency as may
be assigned.
SEC. 387. AMENDMENT TO THE SIKES ACT.
(a) Use of Natural Features.--Section 101(a)(3)(A) of the Sikes Act
(16 U.S.C. 670a(a)(3)(A)) is amended--
(1) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively; and
(2) by inserting after clause (i) the following:
``(ii) the use of natural and nature-based features
to maintain or improve military installation
resilience;''.
(b) Expanding and Making Permanent the Program for Invasive Species
Management for Military Installations.--Section 101(g) of the Sikes Act
(16 U.S.C. 670a(g)) is amended--
(1) by striking the header and inserting ``Program for
Invasive Species Management for Military Installations''; and
(2) in paragraph (1)--
(A) by striking ``During fiscal years 2009 through
2014, the'' and inserting ``The''; and
(B) by striking ``in Guam''.
SEC. 388. NATIONAL STANDARDS FOR FEDERAL FIRE PROTECTION AT MILITARY
INSTALLATIONS.
(a) Standards Required.--Beginning not later than one year after
the date of the enactment of this Act, the Secretary of Defense shall
ensure that--
(1) members of the Armed Forces and employees of Defense
Agencies who provide fire protection services to military
installations comply with the national consensus standards
developed by the National Fire Protection Association;
(2) the minimum staffing requirement for any firefighting
vehicle responding to a structural building emergency at a
military installation is not less than four firefighters per
vehicle; and
(3) the minimum staffing requirement for any firefighting
vehicle responding to an aircraft or airfield incident at a
military installation is not less than three firefighters per
vehicle.
(b) Reports Required.--Not later than 180 days after the date of
the enactment of this Act, each Secretary of a military department
shall submit to the Committees on Armed Services of the House of
Representatives and the Senate a report that--
(1) details each instance in which the standards of that
military department deviate from the national consensus
standards specified in subsection (a)(1), and at what military
installation;
(2) includes, for each military installation under the
jurisdiction of that Secretary, a detailed description of
response times for emergency services and firefighting vehicle
staffing levels; and
(3) includes an assessment of the feasibility of requiring
compliance with the national consensus standards specified in
subsection (a)(1) in accordance with such subsection at each
military installation under the jurisdiction of that Secretary
(without exception), the cost of requiring such compliance, and
the estimated timeline for that Secretary to implement such
requirement.
(c) Definitions.--In this section:
(1) The terms ``Armed Forces'' and ``Defense Agency'' have
the meanings given such terms in section 101 of title 10,
United States Code.
(2) The term ``firefighter'' has the meaning given that
term in section 707(b) of the National Defense Authorization
Act for Fiscal Year 2020 (Pub. L. 116-92; 10 U.S.C. 1074m
note).
(3) The term ``military installation'' has the meaning
given that term in section 2801 of title 10, United States
Code.
SEC. 389. PILOT PROGRAMS FOR TACTICAL VEHICLE SAFETY DATA COLLECTION.
(a) In General.--Not later than October 1, 2023, the Secretary of
the Army and the Secretary of the Navy shall each initiate a pilot
program to evaluate the utility of using data recorders to monitor,
assess, and improve readiness and the safe operation of military
tactical vehicles in the Army and the Marine Corps, respectively.
(b) Duration.--Each pilot program initiated under subsection (a)
shall be carried out for a period of not less than two years.
(c) Requirements.--In carrying out a pilot program under this
section, the Secretary of the Army and the Secretary of the Navy each
shall--
(1) select not fewer than one military installation in the
United States under the jurisdiction of the Secretary that
contains the necessary forces, equipment, and maneuver training
ranges to collect data on drivers and military tactical
vehicles during training and routine operation at which to
carry out the pilot program;
(2) install data recorders on a sufficient number of each
type of military tactical vehicle specified in subsection (d)
to gain statistically significant results;
(3) select a data recorder capable of collecting and
exporting telemetry data, event data, and driver identification
data during operation and accidents;
(4) establish and maintain a data repository for operation
and event data captured by the data recorder; and
(5) establish processes to leverage operation and event
data to improve individual vehicle operator performance,
identify installation hazards that threaten safe vehicle
operation, and identify vehicle-type specific operating
conditions that increase the risk of accidents or mishaps.
(d) Military Tactical Vehicles Specified.--Military tactical
vehicles specified in this subsection are the following:
(1) High Mobility Multipurpose Wheeled Vehicles.
(2) Family of Medium Tactical Vehicles.
(3) Medium Tactical Vehicle Replacements.
(4) Heavy Expanded Mobility Tactical Trucks.
(5) Light Armored Vehicles.
(6) Stryker armored combat vehicles.
(7) Such other military tactical vehicles as the Secretary
of the Army or the Secretary of the Navy considers appropriate.
(e) Cyber Risk Exemption.--The Secretary of the Army or the
Secretary of the Navy, as the case may be, may exempt from a pilot
program under this section a military tactical vehicle specified under
subsection (d) if that Secretary submits to the Committees on Armed
Services of the House of Representatives and the Senate a certification
that, with respect to inclusion of the military tactical vehicle, there
is a high potential of cyber risk as a result of the absence of a
cross-domain solution capable of segregating classified and
unclassified data.
(f) Implementation Plan.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Army and the Secretary
of the Navy shall each--
(1) develop plans for implementing the pilot programs under
this section; and
(2) provide to the congressional defense committees a
briefing on those plans and the estimated cost of implementing
those plans.
(g) Report Required.--Not later than December 15, 2024, the
Secretary of the Army and the Secretary of the Navy shall each submit
to the congressional defense committees a report on the respective
pilot programs carried out under this section by the Secretaries,
including--
(1) insights and findings regarding the utility of using
data recorders to monitor, assess, and improve readiness and
the safe operation of military tactical vehicles;
(2) adjustments made, or to be made, to the implementation
plans developed under subsection (f); and
(3) any other matters determined appropriate by the
Secretaries.
(h) Assessment Required.--Not later than December 15, 2025, the
Secretary of the Army and the Secretary of the Navy shall jointly
submit to the congressional defense committees an assessment of the
pilot programs carried out under this section, including--
(1) insights and findings regarding the utility of using
data recorders to monitor, assess, and improve readiness and
the safe operation of military tactical vehicles;
(2) an assessment of the utility of establishing an
enduring program to use data recorders to monitor, assess, and
improve readiness and the safe operation of military tactical
vehicles;
(3) an assessment of the scope, size, and estimated cost of
such an enduring program; and
(4) such other matters as the Secretary of the Army and the
Secretary of the Navy determine appropriate.
SEC. 390. REQUIREMENTS RELATING TO REDUCTION OF OUT-OF-POCKET COSTS OF
MEMBERS OF THE ARMED FORCES FOR UNIFORM ITEMS.
(a) Tracking Requirement.--The Secretary of Defense shall take such
steps as may be necessary to track the expected useful life of uniform
items for officers and enlisted members of the Armed Forces, for the
purposes of--
(1) estimating the rate at which such uniform items are
replaced;
(2) determining the resulting out-of-pocket costs for such
members over time;
(3) determining the necessity of establishing a uniform
replacement allowance for officers of the Armed Forces, based
on the replacement rate estimated pursuant to paragraph (1) and
the out-of-pocket costs determined pursuant to paragraph (2);
and
(4) determining the adequacy of the uniform allowance for
enlisted members of the Armed Forces.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the expected useful life
of required uniform items for members of the Armed Forces, projected
changes to such required uniform items, and related costs anticipated
by the Secretary (disaggregated by Armed Force). Such report shall
include--
(1) pricing information for each such item, including items
that are not considered uniquely military; and
(2) an assessment of the necessity of establishing a
uniform replacement allowance for officers of the Armed Forces,
as determined pursuant to subsection (a)(3).
SEC. 391. IMPLEMENTATION OF RECOMMENDATIONS RELATING TO ANIMAL FACILITY
SANITATION AND PLAN FOR HOUSING AND CARE OF HORSES.
(a) Implementation by Secretary of the Army of Certain
Recommendations Relating to Animal Facility Sanitation.--Not later than
March 1, 2023, the Secretary of the Army shall implement the
recommendations contained in the memorandum of the Department of the
Army dated February 25, 2022, the subject of which is ``Animal Facility
Sanitation Inspection Findings for the Fort Myer Caisson Barns/Paddocks
and the Fort Belvoir Caisson Pasture Facility'' (MHCB-RN).
(b) Plan for Housing and Care of All Horses Within Care of Old
Guard.--
(1) In general.--Not later than March 1, 2023, the
Secretary of the Army shall submit to Congress a plan for the
housing and care of all horses within the care of the 3rd
United States Infantry (commonly known as the ``Old Guard'').
(2) Elements.--The plan required by paragraph (1) shall
include--
(A) a description of each modification planned or
underway at the Fort Myer Caisson Barns/Paddocks, the
Fort Belvoir Caisson Pasture Facility, and any other
facility or location under consideration for stabling
of the horses described in paragraph (1);
(B) an identification of adequate space at Fort
Myer, Virginia, to properly care for the horses
described in paragraph (1);
(C) a prioritization of the allotment of the space
identified under subparagraph (B) over other functions
of Fort Myer that could be placed elsewhere;
(D) projected timelines and resource requirements
to execute the plan; and
(E) a description of--
(i) immediate remedies for the unsanitary
and unsafe conditions present at the locations
described in subparagraph (A); and
(ii) how long-term quality of life
improvements will be provided for the horses
described in paragraph (1).
SEC. 392. CONTINUED DESIGNATION OF SECRETARY OF THE NAVY AS EXECUTIVE
AGENT FOR NAVAL SMALL CRAFT INSTRUCTION AND TECHNICAL
TRAINING SCHOOL.
The Secretary of the Navy shall continue, through fiscal year
2023--
(1) to perform the responsibilities of the Department of
Defense executive agent for the Naval Small Craft Instruction
and Technical Training School pursuant to section 352(b) of
title 10, United States Code; and
(2) to provide such support as may be necessary for the
continued operation of such school.
SEC. 393. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF LEGACY MARITIME
MINE COUNTERMEASURES PLATFORMS.
(a) Prohibition.--Except as provided in subsection (b), the
Secretary of the Navy may not obligate or expend funds to discontinue
or prepare to discontinue, including by making a substantive reduction
in training and operational employment, any element of the Marine
Mammal Program of the Navy, that has been used, or is currently being
used, for--
(1) port security at Navy bases, known as Mark-6 systems;
or
(2) mine search capabilities, known as Mark-7 systems.
(b) Waiver.--The Secretary of the Navy may waive the prohibition
under subsection (a) if the Secretary, with the concurrence of the
Director of Operational Test and Evaluation, certifies in writing to
the congressional defense committees that the Secretary has--
(1) identified a replacement capability and the necessary
quantity of such capability to meet all operational
requirements currently being met by the Marine Mammal Program,
including a detailed explanation of such capability and
quantity;
(2) achieved initial operational capability of all
capabilities referred to in paragraph (1), including a detailed
explanation of such achievement; and
(3) deployed a sufficient quantity of capabilities referred
to in paragraph (1) that have achieved initial operational
capability to continue to meet or exceed all operational
requirements currently being met by Marine Mammal Program,
including a detailed explanation of such deployment.
TITLE IV--MILITARY PERSONNEL AUTHORIZATION
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters.
Sec. 403. Additional authority to vary Space Force end strength.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2023, as follows:
(1) The Army, 452,000.
(2) The Navy, 354,000.
(3) The Marine Corps, 177,000.
(4) The Air Force, 325,344.
(5) The Space Force, 8,600.
SEC. 402. END STRENGTH LEVEL MATTERS.
(a) Strength Levels to Support National Defense Strategy.--
(1) Repeal.--Section 691 of title 10, United States Code,
is repealed.
(2) Table of sections.--The table of sections at the
beginning of chapter 39 of such title is amended by striking
the item relating to section 691.
(b) Certain Active-duty and Selected Reserve Strengths.--Section
115 of such title is amended--
(1) in subsection (f), by striking ``increase'' each place
it appears and inserting ``vary''; and
(2) in subsection (g)--
(A) in paragraph (1), by striking subparagraphs (A)
and (B) and inserting the following new subparagraphs:
``(A) vary the end strength pursuant to subsection
(a)(1)(A) for a fiscal year for the armed force or forces under
the jurisdiction of that Secretary by a number not equal to
more than two percent of such authorized end strength; and
``(B) vary the end strength pursuant to subsection (a)(2)
for a fiscal year for the Selected Reserve of the reserve
component of the armed force or forces under the jurisdiction
of that Secretary by a number equal to not more than one
percent of such authorized end strength.'';
(B) in paragraph (2), by striking ``increase'' each
place it appears and inserting ``variance''; and
(C) by adding at the end the following new
paragraph (3):
``(3) The Secretary of the military department concerned shall
promptly notify the congressional defense committees if such Secretary
exceeds a variance under paragraph (1), and at least once every 90 days
thereafter for so long as such end strength is outside such variance.
Each such notification shall include the following:
``(A) Modified projected end strengths for active and
reserve components of the armed force or forces for which such
Secretary exceeds such variance.
``(B) An identification of any budgetary effects projected
as a result of such modified end strength projections.
``(C) An explanation of any effects on readiness resulting
from such modified end strength projections.''.
SEC. 403. ADDITIONAL AUTHORITY TO VARY SPACE FORCE END STRENGTH.
(a) In General.--Notwithstanding section 115(g) of title 10, United
States Code, upon determination by the Secretary of the Air Force that
such action would enhance manning and readiness in essential units or
in critical specialties, the Secretary may vary the end strength
authorized by Congress for each fiscal year as follows:
(1) Increase the end strength authorized pursuant to
section 115(a)(1)(A) of such title for a fiscal year for the
Space Force by a number equal to not more than 5 percent of
such authorized end strength.
(2) Decrease the end strength authorized pursuant to
section 115(a)(1)(A) of such title for a fiscal year for the
Space Force by a number equal to not more than 10 percent of
such authorized end strength.
(b) Termination.--The authority provided under subsection (a) shall
terminate on December 31, 2023.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2023, as follows:
(1) The Army National Guard of the United States, 325,000.
(2) The Army Reserve, 177,000.
(3) The Navy Reserve, 57,000.
(4) The Marine Corps Reserve, 33,000.
(5) The Air National Guard of the United States, 108,400.
(6) The Air Force Reserve, 70,000.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members
of the Selected Reserve for any reserve component are released from
active duty during any fiscal year, the end strength prescribed for
such fiscal year for the Selected Reserve of such reserve component
shall be increased proportionately by the total authorized strengths of
such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2023, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 30,845.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,077.
(4) The Marine Corps Reserve, 2,388.
(5) The Air National Guard of the United States, 25,333.
(6) The Air Force Reserve, 6,003.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
(a) In General.--The minimum number of military technicians (dual
status) as of the last day of fiscal year 2023 for the reserve
components of the Army and the Air Force (notwithstanding section 129
of title 10, United States Code) shall be the following:
(1) For the Army National Guard of the United States,
22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United States,
10,994.
(4) For the Air Force Reserve, 7,111.
(b) Limitation on Number of Temporary Military Technicians (dual
Status).--The number of temporary military technicians (dual-status)
employed under the authority of subsection (a) may not exceed 25
percent of the total authorized number specified in such subsection.
(c) Limitation.--Under no circumstances may a military technician
(dual status) employed under the authority of this section be coerced
by a State into accepting an offer of realignment or conversion to any
other military status, including as a member of the Active, Guard, and
Reserve program of a reserve component. If a military technician (dual
status) declines to participate in such realignment or conversion, no
further action will be taken against the individual or the individual's
position.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2023, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time
on full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2023 for the use of the Armed Forces
and other activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for military personnel, as
specified in the funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal
year 2023.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authorized strengths for Space Force officers on active duty
in grades of major, lieutenant colonel, and
colonel.
Sec. 502. Distribution of commissioned officers on active duty in
general officer and flag officer grades.
Sec. 503. Redistribution of Naval officers serving on active duty in
the grades of O-8 and O-9.
Sec. 504. Authorized strength after December 31, 2022: general officers
and flag officers on active duty.
Sec. 505. Extension of grade retention for certain officers awaiting
retirement.
Sec. 506. Exclusion of officers serving as lead special trial counsel
from limitations on authorized strengths
for general and flag officers.
Sec. 507. Constructive service credit for certain officers of the Armed
Forces.
Sec. 508. Improvements to the selection of warrant officers in the
military departments for promotion.
Sec. 509. Advice and consent requirement for waivers of mandatory
retirement for Superintendents of military
service academies.
Sec. 509A. Modification of reports on Air Force personnel performing
duties of a Nuclear and Missile Operations
Officer (13N).
Sec. 509B. Assessments of staffing in the Office of the Secretary of
Defense and other Department of Defense
headquarters offices.
Sec. 509C. GAO review of certain officer performance evaluations.
Sec. 509D. Study of chaplains.
Subtitle B--Reserve Component Management
Sec. 511. Inclusion of additional information on the Senior Reserve
Officers' Training Corps in reports
accompanying the national defense strategy.
Sec. 512. Expansion of eligibility to serve as an instructor in the
Junior Reserve Officers' Training Corps.
Sec. 513. Backdating of effective date of rank for reserve officers in
the National Guard due to undue delays in
Federal recognition.
Sec. 514. Inspections of the National Guard.
Sec. 515. Authority to waive requirement that performance of Active
Guard and Reserve duty at the request of a
Governor may not interfere with certain
duties.
Sec. 516. Continued National Guard support for FireGuard program.
Sec. 517. Enhancement of National Guard Youth Challenge Program.
Sec. 518. Notice to Congress before certain actions regarding units of
certain reserve components.
Sec. 519. Independent study on Federal recognition of National Guard
officers.
Sec. 519A. Review and update of report on geographic dispersion of
Junior Reserve Officers' Training Corps.
Sec. 519B. Briefing on duties of the Army Interagency Training and
Education Center.
Subtitle C--General Service Authorities and Military Records
Sec. 521. Consideration of adverse information by special selection
review boards.
Sec. 522. Expansion of eligibility for direct acceptance of gifts by
members of the Armed Forces and Department
of Defense and Coast Guard employees and
their families.
Sec. 523. Limitation of extension of period of active duty for a member
who accepts a fellowship, scholarship, or
grant.
Sec. 524. Expansion of mandatory characterizations of administrative
discharges of certain members on the basis
of failure to receive COVID-19 vaccine.
Sec. 525. Rescission of COVID-19 vaccination mandate.
Sec. 526. Temporary exemption from end strength grade restrictions for
the Space Force.
Sec. 527. Notification to next of kin upon the death of a member of the
Armed Forces: study; update; training;
report.
Sec. 528. Gender-neutral fitness physical readiness standards for
military occupational specialties of the
Army.
Sec. 529. Recurring report regarding COVID-19 mandate.
Sec. 530. Sense of Congress regarding women involuntarily separated
from the Armed Forces due to pregnancy or
parenthood.
Subtitle D--Recruitment and Retention
Sec. 531. Treatment of personally identifiable information regarding
prospective recruits.
Sec. 532. Revival and extension of temporary authority for targeted
recruitment incentives.
Sec. 533. Report on recruiting efforts of certain Armed Forces.
Sec. 534. Review of marketing and recruiting of the Department of
Defense.
Sec. 535. Report on Department of Defense recruitment advertising to
racial and ethnic minority communities.
Sec. 536. Improving oversight of military recruitment practices in
public secondary schools.
Sec. 537. Best practices for the retention of certain female members of
the Armed Forces.
Sec. 538. Review of certain personnel policies of special operations
forces.
Sec. 539. Support for members who perform duties regarding remotely
piloted aircraft: study; report.
Sec. 539A. Retention and recruitment of members of the Army who
specialize in air and missile defense
systems.
Subtitle E--Military Justice and Other Legal Matters
Sec. 541. Matters in connection with special trial counsel.
Sec. 542. Technical corrections relating to special trial counsel.
Sec. 543. Randomization of court-martial panels.
Sec. 544. Jurisdiction of Courts of Criminal Appeals.
Sec. 545. Special trial counsel of the Department of the Air Force.
Sec. 546. Independent investigation of sexual harassment.
Sec. 547. Primary prevention research agenda and workforce.
Sec. 548. Limitation on availability of funds for relocation of Army
CID special agent training course.
Sec. 549. Review of titling and indexing practices of the Army and
certain other organizations.
Sec. 549A. Briefing and report on resourcing required for
implementation of military justice reform.
Sec. 549B. Report on sharing information with counsel for victims of
offenses under the Uniform Code of Military
Justice.
Sec. 549C. Dissemination of civilian legal services information.
Subtitle F--Member Education
Sec. 551. Authorization of certain support for military service academy
foundations.
Sec. 552. Individuals from the District of Columbia who may be
considered for appointment to military
service academies.
Sec. 553. Agreement by a cadet or midshipman to play professional sport
constitutes a breach of agreement to serve
as an officer.
Sec. 554. Naval Postgraduate School and United States Air Force
Institute of Technology: terms of Provosts
and Chief Academic Officers.
Sec. 555. Naval Postgraduate School: attendance by enlisted members.
Sec. 556. Modification of annual report on demographics of military
service academy applicants.
Sec. 557. Study and report on professional military education.
Sec. 558. Report on treatment of China in curricula of professional
military education.
Subtitle G--Member Training and Transition
Sec. 561. Codification of Skillbridge program.
Sec. 562. Pilot program on remote personnel processing in the Army.
Sec. 563. Annual report on members separating from active duty who file
claims for disability benefits.
Sec. 564. Female members of certain Armed Forces and civilian employees
of the Department of Defense in STEM.
Subtitle H--Military Family Readiness and Dependents' Education
Sec. 571. Clarification and expansion of authorization of support for
chaplain-led programs for members of the
Armed Forces.
Sec. 572. Pilot program to expand eligibility for enrollment at
domestic dependent elementary and secondary
schools: extension; report.
Sec. 573. Commercial air waiver for next of kin regarding
transportation of remains of casualties.
Sec. 574. Certain assistance to local educational agencies that benefit
dependents of military and civilian
personnel.
Sec. 575. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces
with enrollment changes due to base
closures, force structure changes, or force
relocations.
Sec. 576. Pilot program on hiring of special needs inclusion
coordinators for Department of Defense
child development centers.
Sec. 577. Promotion of certain child care assistance.
Sec. 578. Industry roundtable on military spouse hiring.
Sec. 579. Recommendations for the improvement of the Military
Interstate Children's Compact.
Sec. 579A. Feasibility of inclusion of au pairs in pilot program to
provide financial assistance to members of
the Armed Forces for in-home child care.
Sec. 579B. Briefing on policies regarding single parents serving as
members of the Armed Forces.
Sec. 579C. Public reporting on certain military child care programs.
Sec. 579D. Briefing on verification of eligible federally connected
children for purposes of Federal impact aid
programs.
Sec. 579E. Sense of Congress on rights of parents of children attending
schools operated by the Department of
Defense Education Activity.
Subtitle I--Decorations, Awards, and Other Honors
Sec. 581. Clarification of procedure for boards for the correction of
military records to review determinations
regarding certain decorations.
Sec. 582. Authorizations for certain awards.
Sec. 583. Posthumous appointment of Ulysses S. Grant to grade of
General of the Armies of the United States.
Sec. 584. Enhanced information related to awarding of the Purple Heart.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Report on non-citizen members of the Armed Forces.
Sec. 592. Notification on manning of afloat naval forces:
modifications; codification.
Sec. 593. Clarification of authority of NCMAF to update Chaplains Hill
at Arlington National Cemetery.
Sec. 594. Disinterment of remains of Andrew Chabrol from Arlington
National Cemetery.
Sec. 595. Pilot program on safe storage of personally owned firearms.
Sec. 596. Pilot program on car sharing on remote or isolated military
installations.
Sec. 597. Briefing on the effects of economic inflation on members of
the Armed Forces.
Sec. 598. Study on improvement of access to voting for members of the
Armed Forces overseas.
Sec. 599. Report on incidence of military suicides by military job
code.
Sec. 599A. Report on efforts to prevent and respond to deaths by
suicide in the Navy.
Sec. 599B. Report on officer personnel management and the development
of the professional military ethic of the
Space Force.
Subtitle A--Officer Personnel Policy
SEC. 501. AUTHORIZED STRENGTHS FOR SPACE FORCE OFFICERS ON ACTIVE DUTY
IN GRADES OF MAJOR, LIEUTENANT COLONEL, AND COLONEL.
The table in subsection (a)(1) of section 523 of title 10, United
States Code, is amended by inserting after the items relating to the
Marine Corps new items relating to the total number of commissioned
officers (excluding officers in categories specified in subsection (b)
of such section) serving on active duty in the Space Force in the
grades of major, lieutenant colonel, and colonel, respectively, as
follows:
``3,900 1,016 782 234
4,300 1,135 873 262
5,000 1,259 845 315
7,000 1,659 1,045 415
10,000 2,259 1,345 565''.
SEC. 502. DISTRIBUTION OF COMMISSIONED OFFICERS ON ACTIVE DUTY IN
GENERAL OFFICER AND FLAG OFFICER GRADES.
Section 525 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``as follows:'' and inserting an em dash;
(B) in paragraph (4)(C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) in the Space Force, if that appointment would result
in more than--
``(A) 2 officers in the grade of general;
``(B) 7 officers in a grade above the grade of
major general; or
``(C) 6 officers in the grade of major
general.'';'';
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``and Marine
Corps'' and inserting ``Marine Corps, and Space
Force''; and
(B) in paragraph (2), by striking ``or Marine
Corps'' and inserting ``Marine Corps, or Space Force'';
and
(3) in subsection (d), by striking ``or Commandant of the
Marine Corps'' and inserting ``Commandant of the Marine Corps,
or Chief of Space Operations''.
SEC. 503. REDISTRIBUTION OF NAVAL OFFICERS SERVING ON ACTIVE DUTY IN
THE GRADES OF O-8 AND O-9.
Subsection (a)(3) of section 525 of title 10, United States Code,
as amended by section 502, is amended--
(1) in subparagraph (B), by striking ``33'' and inserting
``34''; and
(2) in subparagraph (C), by striking ``50'' and inserting
``49''.
SEC. 504. AUTHORIZED STRENGTH AFTER DECEMBER 31, 2022: GENERAL OFFICERS
AND FLAG OFFICERS ON ACTIVE DUTY.
Section 526a of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``and Marine Corps'' and inserting ``Marine
Corps, and Space Force'';
(B) in paragraph (1), by striking ``220'' and
inserting ``218'';
(C) in paragraph (2), by striking ``151'' and
inserting ``149'';
(D) in paragraph (3), by striking ``187'' and
inserting ``170''; and
(E) by adding at the end the following new
paragraph:
``(5) For the Space Force, 21.''; and
(2) in subsection (b)(2), by adding at the end the
following new subparagraph:
``(E) For the Space Force, 6.''.
SEC. 505. EXTENSION OF GRADE RETENTION FOR CERTAIN OFFICERS AWAITING
RETIREMENT.
Section 601(b)(5) of title 10, United States Code, is amended by
striking ``retirement, but not for more than 60 days.'' and inserting
the following: ``retirement, but--
``(A) subject to subparagraph (B), not for more
than 60 days; and
``(B) with respect to an officer awaiting
retirement following not less than one year of
consecutive deployment outside of the United States to
a combat zone (as defined in section 112(c) of the
Internal Revenue Code of 1986) or in support of a
contingency operation, not for more than 90 days.''.
SEC. 506. EXCLUSION OF OFFICERS SERVING AS LEAD SPECIAL TRIAL COUNSEL
FROM LIMITATIONS ON AUTHORIZED STRENGTHS FOR GENERAL AND
FLAG OFFICERS.
During the two-year period beginning on the date of the enactment
of this Act, the limitations in section 526a(a) of title 10, United
States Code, as amended by section 504, shall not apply to a general or
flag officer serving in the position of lead special trial counsel
pursuant to an appointment under section 1044f(a)(2) of such title.
SEC. 507. CONSTRUCTIVE SERVICE CREDIT FOR CERTAIN OFFICERS OF THE ARMED
FORCES.
(a) Constructive Service Credit for Warrant Officers.--Section 572
of title 10, United States Code, is amended--
(1) by inserting ``(a)'' before ``For the purposes''; and
(2) by adding at the end the following new subsection:
``(b) The Secretary concerned shall credit a person who is
receiving an original appointment as a warrant officer in the regular
component of an armed force under the jurisdiction of such Secretary
concerned, and who has advanced education or training or special
experience, with constructive service for such education, training, or
experience, as follows:
``(1) For special training or experience in a particular
warrant officer field designated by the Secretary concerned, if
such training or experience is directly related to the
operational needs of the armed force concerned, as determined
by such Secretary concerned.
``(2) For advanced education in a warrant officer field
designated by the Secretary concerned, if such education is
directly related to the operational needs of the armed force
concerned, as determined by such Secretary concerned.''.
(b) Report.--Not later than February 1, 2027, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the amendments made by
subsection (a). Such report shall include--
(1) the evaluation of such amendments by the Secretary;
(2) the estimate of the Secretary regarding how many
individuals are eligible for credit under subsection (b) of
such section, as added by subsection (a); and
(3) the determination of the Secretary whether existing
special pay for such members is adequate.
SEC. 508. IMPROVEMENTS TO THE SELECTION OF WARRANT OFFICERS IN THE
MILITARY DEPARTMENTS FOR PROMOTION.
(a) Promotion by Selection Boards: Recommendation; Exclusion From
Consideration.--Section 575 of title 10, United States Code, is amended
by adding at the end the following new subsections:
``(e)(1) In selecting the warrant officers to be recommended for
promotion, a selection board shall, when authorized by the Secretary
concerned, recommend warrant officers of particular merit, pursuant to
guidelines and procedures prescribed by the Secretary concerned, from
among those warrant officers selected for promotion, to be placed
higher on the promotion list contained in the report of such board
under section 576(c) of this title.
``(2) A selection board may recommend that a warrant officer be
placed higher on a promotion list under paragraph (1) only if the
warrant officer receives the recommendation of at least a majority of
the members of the board, unless the Secretary concerned establishes an
alternative requirement. Any such alternate requirement shall be
furnished to the board as part of the guidelines furnished to the board
under section 576 of this title.
``(3) For the warrant officers recommended to be placed higher on a
promotion list under paragraph (1), the board shall recommend the order
in which those warrant officers should be placed on the list.
``(f)(1) Upon the request of a warrant officer, the Secretary
concerned may exclude the warrant officer from consideration for
promotion under this section.
``(2) The Secretary concerned may approve a request of a warrant
officer under paragraph (1) only if--
``(A) the basis for the request is to allow the officer to
complete--
``(i) an assignment in support of career
progression;
``(ii) advanced education;
``(iii) an assignment such Secretary determines is
of significant value to the Armed Force concerned; or
``(iv) a career progression requirement delayed by
an assignment or education;
``(B) such Secretary determines that such exclusion from
consideration is in the best interest of the Armed Force
concerned; and
``(C) the officer has not previously failed of selection
for promotion to the grade for which the officer requests
exclusion from consideration.''.
(b) Priority for Promotion of Warrant Officers in Report of
Selection Board.--Subsection (c) of section 576 of such title is
amended to read as follows:
``(c) The names of warrant officers selected for promotion under
this section shall be arranged in the report of such board in the
following order of priority:
``(1) Warrant officers recommended under section 575(e) of
this title to be placed higher on the promotion list, in the
order in which the board determines.
``(2) Warrant officers otherwise recommended for promotion,
in the order of seniority on the warrant officer active-duty
list.''.
(c) Promotions: How Made; Effective Date.--Section 578(a) of such
title is amended by striking ``of the seniority of such officers on the
warrant officer active-duty list'' and inserting ``set forth in section
576(c) of this title''.
SEC. 509. ADVICE AND CONSENT REQUIREMENT FOR WAIVERS OF MANDATORY
RETIREMENT FOR SUPERINTENDENTS OF MILITARY SERVICE
ACADEMIES.
(a) United States Military Academy.--Section 7321(b) of title 10,
United States Code, is amended by adding at the end the following: ``In
the event a waiver under this subsection is granted, the subsequent
nomination and appointment of such officer having served as
Superintendent of the Academy to a further assignment in lieu of
retirement shall be subject to the advice and consent of the Senate.''.
(b) United States Naval Academy.--Section 8371(b) of title 10,
United States Code, is amended by adding at the end the following: ``In
the event a waiver under this subsection is granted, the subsequent
nomination and appointment of such officer having served as
Superintendent of the Academy to a further assignment in lieu of
retirement shall be subject to the advice and consent of the Senate.''.
(c) United States Air Force Academy.--Section 9321(b) of title 10,
United States Code, is amended by adding at the end the following: ``In
the event a waiver under this subsection is granted, the subsequent
nomination and appointment of such officer having served as
Superintendent of the Academy to a further assignment in lieu of
retirement shall be subject to the advice and consent of the Senate.''.
SEC. 509A. MODIFICATION OF REPORTS ON AIR FORCE PERSONNEL PERFORMING
DUTIES OF A NUCLEAR AND MISSILE OPERATIONS OFFICER (13N).
Section 506(b) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1682) is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) A staffing plan for managing personnel in the 13N
career field as the Air Force transitions from the Minuteman
III weapon system to the Sentinel weapon system.''.
SEC. 509B. ASSESSMENTS OF STAFFING IN THE OFFICE OF THE SECRETARY OF
DEFENSE AND OTHER DEPARTMENT OF DEFENSE HEADQUARTERS
OFFICES.
(a) Office of the Secretary of Defense.--The Secretary of Defense
shall conduct an assessment of staffing of the Office of the Secretary
of Defense. Such assessment shall including the following elements:
(1) A validation of every military staff billet assigned to
the Office of the Secretary of Defense against existing
military personnel requirements.
(2) The estimated effect of returning 15 percent of such
military staff billets to operational activities of the Armed
Forces concerned, over a period of 36 months, would have on the
office of the Secretary of Defense and other Department of
Defense Headquarters Offices.
(3) A plan and milestones for how reductions described in
paragraph (2) would occur, a schedule for such reductions, and
the process by which the billets would be returned to the
operational activities of the Armed Forces concerned.
(b) Office of the Joint Chiefs of Staff.--The Chairman of the Joint
Chiefs of Staff shall conduct an assessment of staffing of the Office
of the Joint Chiefs of Staff. Such assessment shall including the
following elements:
(1) A validation of every military staff billet assigned to
the Office of the Joint Chiefs of Staff against existing
military personnel requirements.
(2) The estimated effect of returning 15 percent of such
military staff billets to operational activities of the Armed
Forces concerned, over a period of 36 months, would have on the
office of the Joint Staff and the Chairman's Controlled
Activities and other related Joint Staff Headquarters Offices.
(3) A plan and milestones for how reductions described in
paragraph (2) would occur, a schedule for such reductions, and
the process by which the billets would be returned to the
operational activities of the Armed Forces concerned.
(c) Interim Briefing and Report.--
(1) Interim briefing.--Not later than April 1, 2023, the
Secretary shall provide to the Committees on Armed Services of
the Senate and House of Representatives an interim briefing on
the assessments under subsections (a) and (b).
(2) Final report.--Not later than one year after the date
of the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the assessments under subsections
(a) and (b). Such report shall include the following:
(A) A validation of every military staff billet
assigned to the Office of the Secretary of Defense and
the Joint Staff to include the Chairman's Controlled
Activities against existing military personnel
requirements.
(B) The methodology and process through which such
validation was performed.
(C) Relevant statistical analysis on military
billet fill rates against validated requirements.
(D) An analysis of unvalidated military billets
currently performing staff support functions,
(E) The rationale for why unvalidated military
billets may be required.
(F) The cost of military staff filling both
validated and unvalidated billets.
(G) Lessons learned through the military billet
validation process and statistical analysis under
subparagraphs (B) through (F).
(H) Any other matters the Secretary determines
relevant to understanding the use of military staff
billets described in subsections (a) and (b).
(I) Any legislative, policy or budgetary
recommendations of the Secretary related to the subject
matter of the report.
SEC. 509C. GAO REVIEW OF CERTAIN OFFICER PERFORMANCE EVALUATIONS.
(a) Review Required.--Not later than one year after the enactment
of this Act, the Comptroller General of the United States shall review
the officer performance reports of each Armed Force under the
jurisdiction of a Secretary of a military department in order to--
(1) study the fitness report systems used for the
performance evaluation of officers; and
(2) provide to the Secretary of Defense and the Secretaries
of the military departments recommendations regarding how to
improve such systems.
(b) Elements.--The review required under subsection (a) shall
include the following:
(1) An analysis of the effectiveness of the fitness report
systems at evaluating and documenting the performance of
officers.
(2) A comparison of the fitness report systems for officers
of each Armed Force described in subsection (a) with best
practices for performance evaluations used by public- and
private-sector organizations.
(3) An analysis of the value of fitness reports in
providing useful information to officer promotion boards.
(4) An analysis of the value of fitness reports in
providing useful feedback to officers being evaluated.
(5) Recommendations to improve the fitness report systems
to--
(A) increase its effectiveness at accurately
evaluating and documenting the performance of officers;
(B) provide more useful information to officer
promotion boards; and
(C) provide more useful feedback regarding
evaluated officers.
(c) Access to Data and Records.--The Secretaries of the military
departments shall provide to the Comptroller General sufficient
resources and access to technical data, individuals, organizations, and
records that the Comptroller General requires to complete the review
under this section.
(d) Submission to Secretaries.--Upon completing the review under
subsection (a), the Comptroller General shall submit to the Secretary
of Defense and the Secretaries of the military departments a report on
the results of the review.
(e) Submission to Congress.--Not later than 30 days after the date
on which the Secretary of Defense and the Secretaries of the military
departments receive the report under subsection (d), the Secretary of
Defense shall submit to the congressional defense committees--
(1) an unaltered copy of such report; and
(2) any comments of the Secretary regarding such report.
SEC. 509D. STUDY OF CHAPLAINS.
(a) Study Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretaries of the military departments, shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a study of the roles and responsibilities of chaplains.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) The resources (including funding, administrative
support, and personnel) available to support religious
programs.
(2) Inclusion of chaplains in resiliency, suicide
prevention, wellness, and other related programs.
(3) The role of chaplains in embedded units, headquarters
activities. and military treatment facilities.
(4) Recruitment and retention of chaplains.
(5) An analysis of the number of hours chaplains spend in
roles including pastoral care, religious services, counseling,
and administration.
(6) The results of any surveys that have assessed the
roles, responsibilities and satisfaction of chaplains.
(7) A review of the personnel requirements for chaplains
during fiscal years 2013 through 2022.
(8) Challenges to the abilities of chaplains to offer
ministry services.
Subtitle B--Reserve Component Management
SEC. 511. INCLUSION OF ADDITIONAL INFORMATION ON THE SENIOR RESERVE
OFFICERS' TRAINING CORPS IN REPORTS ACCOMPANYING THE
NATIONAL DEFENSE STRATEGY.
Section 113(m) of title 10, United States Code, is amended--
(1) by redesignating the second paragraph (8) as paragraph
(11);
(2) by redesignating the first paragraph (8), as paragraph
(10);
(3) by redesignating paragraphs (5), (6), and (7)
paragraphs (7), (8), and (9), respectively; and
(4) by inserting after paragraph (4) the following new
paragraphs:
``(5) The number of Senior Reserve Officers' Training Corps
scholarships awarded during the fiscal year covered by the
report, disaggregated by gender, race, and ethnicity, for each
military department.
``(6) The program completion rates and program withdrawal
rates of Senior Reserve Officers' Training Corps scholarship
recipients during the fiscal year covered by the report,
disaggregated by gender, race, and ethnicity, for each military
department.''.
SEC. 512. EXPANSION OF ELIGIBILITY TO SERVE AS AN INSTRUCTOR IN THE
JUNIOR RESERVE OFFICERS' TRAINING CORPS.
(a) In General.--Section 2031 of title 10, United States Code, is
amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection:
``(f)(1) Instead of, or in addition to, detailing officers and
noncommissioned officers on active duty under subsection (c)(1) or
authorizing the employment of retired officers and noncommissioned
officers under subsection (d) or (e), the Secretary of the military
department concerned may authorize qualified institutions to employ as
administrators and instructors in the program officers or
noncommissioned officers who--
``(A)(i) receive honorable discharges--
``(I) after completing at least eight years of
service; and
``(II) not longer than five years before applying
for such employment; or
``(ii)(I) are in an active status; and
``(II) who are not yet eligible for retired pay; and
``(B) apply for such employment.
``(2) The Secretary of the military department concerned shall pay
to the institution an amount equal to one-half of the amount to be paid
to an instructor pursuant to the JROTC Instructor Pay Scale for any
period.
``(3) Notwithstanding the limitation in paragraph (2), the
Secretary of the military department concerned may pay to the
institution more than one-half of the amount paid to the member by the
institution if, as determined by such Secretary--
``(A) the institution is in an educationally and
economically deprived area; and
``(B) such action is in the national interest.
``(4) Payments under this subsection shall be made from funds
appropriated for that purpose.
``(5) The Secretary of the military department concerned may
require an officer or noncommissioned officer employed under this
subsection to transfer to the Individual Ready Reserve as a condition
of such employment.''.
(b) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a briefing regarding--
(1) the number of instructors employed pursuant to the
amendment made by subsection (a); and
(2) costs to the Federal Government arising from such
employment.
SEC. 513. BACKDATING OF EFFECTIVE DATE OF RANK FOR RESERVE OFFICERS IN
THE NATIONAL GUARD DUE TO UNDUE DELAYS IN FEDERAL
RECOGNITION.
Paragraph (2) of section 14308(f) of title 10, United States Code,
is amended to read as follows:
``(2) If there is a delay in extending Federal recognition in the
next higher grade in the Army National Guard or the Air National Guard
to a reserve commissioned officer of the Army or the Air Force that
exceeds 100 days from the date the National Guard Bureau deems such
officer's application for Federal recognition to be completely
submitted by the State and ready for review at the National Guard
Bureau, and the delay was not attributable to the action or inaction of
such officer--
``(A) in the event of State promotion with an effective
date before January 1, 2024, the effective date of the
promotion concerned under paragraph (1) may be adjusted to a
date determined by the Secretary concerned, but not earlier
than the effective date of the State promotion; and
``(B) in the event of State promotion with an effective
date on or after January 1, 2024, the effective date of the
promotion concerned under paragraph (1) shall be adjusted by
the Secretary concerned to the later of--
``(i) the date the National Guard Bureau deems such
officer's application for Federal recognition to be
completely submitted by the State and ready for review
at the National Guard Bureau; and
``(ii) the date on which the officer occupies a
billet in the next higher grade.''.
SEC. 514. INSPECTIONS OF THE NATIONAL GUARD.
(a) Element.--Subsection (a) of section 105 of title 32, United
States Code, is amended--
(1) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(8) the units and members of the Army National Guard or
Air National Guard comply with Federal law and policy
applicable to the National Guard, including policies issued by
the Secretary of Defense, the Secretary of the military
department concerned, or the Chief of the National Guard
Bureau.''.
(b) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary of the Army and the Secretary of
the Air Force shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the implementation of
paragraph (8) of such subsection, as added by subsection (a). Such
report shall include the following:
(1) The number of inspections conducted that included
determinations under such paragraph.
(2) With regard to each such inspection--
(A) the date;
(B) the unit of the Army National Guard or the Air
National Guard inspected;
(C) the officer who conducted such inspection; and
(D) the determination of the officer whether the
unit was in compliance with Federal law and policy
applicable to the National Guard.
SEC. 515. AUTHORITY TO WAIVE REQUIREMENT THAT PERFORMANCE OF ACTIVE
GUARD AND RESERVE DUTY AT THE REQUEST OF A GOVERNOR MAY
NOT INTERFERE WITH CERTAIN DUTIES.
(a) In General.--Section 328(b) of title 32, United States Code, is
amended by adding at the end the following new subsection:
``(c) Waiver Authority.--(1) Notwithstanding section 101(d)(6)(A)
of title 10 and subsection (b) of this section, the Governor of a State
or the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the
commanding general of the District of Columbia National Guard, as the
case may be, may, at the request of the Secretary concerned, order a
member of the National Guard to perform Active Guard and Reserve duty
for purposes of performing training of the regular components of the
armed forces as the primary duty.
``(2) Training performed under paragraph (1) must be in compliance
with the requirements of section 502(f)(2)(B)(i) of this title.
``(3) No more than 100 personnel may be granted a waiver by a
Secretary concerned under paragraph (1) at a time.
``(4) The authority under paragraph (1) shall terminate on October
1, 2024.''.
(b) Briefing on Performance of Training as Primary Duty.--Not later
than March 1, 2023, the Secretary of the Army and the Secretary of the
Air Force shall each submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a briefing describing how many members of the National
Guard are performing Active Guard and Reserve duty for purposes of
performing training of the regular components of the Armed Forces as
primary duty.
(c) Briefing on End Strength Requirements.--Not later than October
1, 2024, the Secretary of the Army and the Secretary of the Air Force
shall each submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives a
briefing outlining the end strength requirement going forward for
Active Guard and Reserve forces of the National Guard impacted by
subsection (c) of section 328(b) of title 32, United States Code, as
added by subsection (a) of this section.
SEC. 516. CONTINUED NATIONAL GUARD SUPPORT FOR FIREGUARD PROGRAM.
Section 515 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81), is amended--
(1) by inserting ``(a) in general.--'' before ``Until'';
(2) by striking ``September 30, 2026'' and inserting
``September 30, 2029'';
(3) by striking ``support'' and inserting ``carry out'';
(4) by striking ``personnel of the California National
Guard'' and inserting ``National Guard personnel (including
from the Colorado National Guard and the California National
Guard)''; and
(5) by adding at the end the following:
``(b) Transfer.--Until the date specified in subsection (a), no
component (including any analytical responsibility) of the FireGuard
program may be transferred from the Department of Defense to another
entity. If the Secretary seeks to make such a transfer, the Secretary
shall, at least three years before such transfer, provide to the
appropriate congressional committees a written report and briefing that
detail--
``(1) plans of the Secretary for such transfer; and
``(2) how such transfer will sustain and improve detection
and monitoring of wildfires.
``(c) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means the
following:
``(1) The Committee on Armed Services of the Senate.
``(2) The Committee on Armed Services of the House of
Representatives.
``(3) The Select Committee on Intelligence of the Senate.
``(4) The Permanent Select Committee on Intelligence of the
House of Representatives.''.
SEC. 517. ENHANCEMENT OF NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
Section 516 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81) is amended, in subsection (a), by
striking ``fiscal year 2022'' and inserting ``fiscal years 2022 and
2023''.
SEC. 518. NOTICE TO CONGRESS BEFORE CERTAIN ACTIONS REGARDING UNITS OF
CERTAIN RESERVE COMPONENTS.
(a) Notice Required; Elements.--The Secretary of a military
department may not take any covered action regarding a covered unit
until the day that is 60 days after the Secretary of a military
department submits to Congress notice of such covered action. Such
notice shall include the following elements:
(1) An analysis of how the covered action would improve
readiness.
(2) A description of how the covered action would align
with the National Defense Strategy and the supporting
strategies of each military departments.
(3) A description of any proposed organizational change
associated with the covered action and how the covered action
will affect the relationship of administrative, operational, or
tactical control responsibilities of the covered unit.
(4) The projected cost and any projected long-term cost
savings of the covered action.
(5) A detailed description of any requirements for new
infrastructure or relocation of equipment and assets necessary
for the covered action.
(6) A description of how the covered activity will affect
the ability of the covered Armed Force to accomplish its
current mission.
(b) Applicability.--This section shall apply to any step to perform
covered action regarding a covered unit on or after the date of the
enactment of this Act.
(c) Definitions.--In this section:
(1) The term ``covered action'' means any of the following:
(A) To deactivate.
(B) To reassign.
(C) To move the home station.
(2) The term ``covered Armed Force'' means the following:
(A) The Army.
(B) The Navy.
(C) The Marine Corps.
(D) The Air Force.
(E) The Space Force.
(3) The term ``covered unit'' means a unit of a reserve
component of a covered Armed Force.
SEC. 519. INDEPENDENT STUDY ON FEDERAL RECOGNITION OF NATIONAL GUARD
OFFICERS.
(a) Independent Study.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall seek
to enter into a contract with a federally funded research and
development center to conduct a study on the National Guard
commissioned officer and warrant officer promotion system and
provide recommendations to the Department of Defense, the
Department of the Air Force, the Department of the Army, the
National Guard Bureau, and individual State National Guard
commands.
(2) Elements.--The study referred to in paragraph (1) shall
include a comprehensive review and assessment of the following:
(A) Reasons for delays in processing personnel
actions for Federal recognition of State National Guard
member promotions.
(B) The Federal recognition process used to extend
Federal recognition to State promotions.
(C) Best practices among the various State National
Guards for managing their requirements under the
existing National Guard promotion system.
(D) Possible improvements to requirements,
policies, procedures, workflow, or resources to reduce
the processing time for Federal recognition of state
promotions.
(E) An assessment of the feasibility of developing
or adopting a commercially available solution for an
integrated enterprise information technology system for
managing National Guard officer and warrant officer
promotions that allows seamless transition for
promotions as they move through review at the National
Guard Bureau, the Department of the Army, the
Department of the Air Force, and the Department of
Defense.
(F) Possible metrics to evaluate effectiveness of
any recommendations made.
(G) Possible remedies for undue delays in Federal
recognition, including adjustment to the effective date
of promotion beyond current statutory authorities.
(H) Any other matters the federally funded research
and development center determines relevant.
(3) Report.--
(A) In general.--The contract under paragraph (1)
shall require the federally funded research and
development center that conducts the study under the
contract to submit to the Secretary of Defense, the
Secretary of the Army, the Secretary of the Air Force,
and the Chief of the National Guard Bureau a report on
the results of the study.
(B) Submission to congress.--Upon receiving the
report required under subparagraph (A), the Secretary
of Defense shall submit an unedited copy of the report
results to the congressional defense committees within
30 days of receiving the report from the federally
funded research and development corporation.
(b) Reporting Requirement.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter until the
date specified in paragraph (3), the Secretary of Defense, in
consultation with the Secretary of the Army and the Secretary
of the Air Force as appropriate, shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report detailing the
current status of the Federal recognition process for National
Guard promotions.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) An update on efforts to transition to fully
digital processes in accordance with recommendations
made pursuant to subsection (a).
(B) The average processing time for personnel
actions related to Federal recognition of reserve
commissioned officer promotions in the Army and Air
National Guards, respectively, including the time in
days from the date at which the National Guard Bureau
received the promotion until the date at which Federal
recognition was granted.
(C) The average time it took during the previous
fiscal year to extend Federal recognition.
(D) The number of Army and Air National Guard
officers who experienced Federal recognition delays
greater than 90 days in the previous fiscal year.
(E) A summary of any additional resources or
authorities needed to further streamline the Federal
recognition processes to reduce average Federal
recognition processing time to 90 days or fewer.
(F) Any other information that the Secretaries
concerned deem relevant.
(3) Expiration of annual reporting requirement.--The date
referred to in paragraph (1) is such time as the average
processing time for personnel actions described under this
subsection is reduced to 90 days or fewer for each of the Army
and Air National Guards.
SEC. 519A. REVIEW AND UPDATE OF REPORT ON GEOGRAPHIC DISPERSION OF
JUNIOR RESERVE OFFICERS' TRAINING CORPS.
(a) Report: Review; Update.--The Secretary of Defense, in
consultation with the Secretaries of the military departments, shall
review and update the 2017 report from the RAND Corporation titled
``Geographic and Demographic Representativeness of Junior Reserve
Officer Training Corps'' (Library of Congress Control Number:
2017950423).
(b) Elements.--The report updated under subsection (a) shall
include the following:
(1) An assessment of whether there is adequate
representation in, and reasonable access to, units of the
Junior Reserve Officers' Training Corps (hereinafter,
``JROTC'') for students in all regions of the of the United
States.
(2) The estimated cost and time to increase the number of
units of JROTC to ensure adequate representation and reasonable
access described in paragraph (1).
(3) Recommendations to increase adequate representation and
reasonable access described in paragraph (1) in areas of the
United States that the Secretary of Defense determines lack
such adequate representation and reasonable access.
(c) Submission.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives the report updated under this section.
SEC. 519B. BRIEFING ON DUTIES OF THE ARMY INTERAGENCY TRAINING AND
EDUCATION CENTER.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense, in consultation with the Assistant
Secretary of Defense for Homeland Defense and Global Security and the
Chief of the National Guard Bureau, shall submit to the Committees on
Armed Services of the Senate and House of Representatives a briefing
that includes--
(1) an organizational plan and an estimate of the annual
costs necessary for the Army Interagency Training and Education
Center to carry out duties assigned to it by the Chief of the
National Guard Bureau; and
(2) the staffing requirements needed to adequately staff
such duties.
Subtitle C--General Service Authorities and Military Records
SEC. 521. CONSIDERATION OF ADVERSE INFORMATION BY SPECIAL SELECTION
REVIEW BOARDS.
Section 628a(a)(1) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' before ``If the Secretary
concerned''; and
(2) by adding at the end the following new subparagraph:
``(B) Nothing in this section shall be construed to prevent a
Secretary concerned from deferring consideration of adverse information
concerning an officer subject to this section until the next regularly
scheduled promotion board applicable to such officer, in lieu of
furnishing such adverse information to a special selection review board
under this section.''.
SEC. 522. EXPANSION OF ELIGIBILITY FOR DIRECT ACCEPTANCE OF GIFTS BY
MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE AND
COAST GUARD EMPLOYEES AND THEIR FAMILIES.
Section 2601a of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``; or'' and
inserting a semicolon;
(B) by redesignating paragraph (3) as paragraph
(4); and
(C) by inserting after paragraph (2) the following
new paragraph:
``(3) that results in enrollment in a Warriors in
Transition program, as defined in section 738(e) of the
National Defense Authorization Act for Fiscal Year 2013 (Public
Law 112-239; 10 U.S.C. 1071 note); or''; and
(2) in subsection (c), by striking ``paragraph (1), (2) or
(3) of''.
SEC. 523. LIMITATION OF EXTENSION OF PERIOD OF ACTIVE DUTY FOR A MEMBER
WHO ACCEPTS A FELLOWSHIP, SCHOLARSHIP, OR GRANT.
(a) Limitation.--Subsection (b) of section 2603 of title 10, United
States Code, is amended by striking ``at least''.
(b) Modernization.--Subsection (a) of such section is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``or his designee'' and inserting
``(or an individual designated by the President)''; and
(B) by striking ``him'' and inserting ``the
member'';
(2) in paragraph (1), by striking ``his field'' and
inserting ``the field of the member'';
(3) in paragraph (3), by striking ``his recognized
potential for future career service'' and inserting ``the
recognized potential for future career service of the member'';
and
(4) in the matter following paragraph (3)--
(A) by striking ``his'' both places it appears and
inserting ``the member's''; and
(B) by striking ``him'' and inserting ``the
member''.
SEC. 524. EXPANSION OF MANDATORY CHARACTERIZATIONS OF ADMINISTRATIVE
DISCHARGES OF CERTAIN MEMBERS ON THE BASIS OF FAILURE TO
RECEIVE COVID-19 VACCINE.
Section 736(a) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 10 U.S.C. 1161 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``During the period of time beginning on August 24, 2021, and
ending on the date that is two years after the date of the
enactment of this Act, any'' and inserting ``Any'';
(2) in paragraph (1) by striking ``; or'' and inserting a
semicolon;
(3) in paragraph (2), by striking the period and inserting
``; or''; and
(4) by adding at the end the following new paragraph:
``(3) in the case of a covered member receiving an
administrative discharge before completing the first 180
continuous days of active duty, uncharacterized.''.
SEC. 525. RESCISSION OF COVID-19 VACCINATION MANDATE.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of Defense shall rescind the mandate that members of the
Armed Forces be vaccinated against COVID-19 pursuant to the memorandum
dated August 24, 2021, regarding ``Mandatory Coronavirus Disease 2019
Vaccination of Department of Defense Service Members''.
SEC. 526. TEMPORARY EXEMPTION FROM END STRENGTH GRADE RESTRICTIONS FOR
THE SPACE FORCE.
Section 517 and section 523 (as amended by section 501 of this Act)
of title 10, United States Code, shall not apply to the Space Force
until January 1, 2024.
SEC. 527. NOTIFICATION TO NEXT OF KIN UPON THE DEATH OF A MEMBER OF THE
ARMED FORCES: STUDY; UPDATE; TRAINING; REPORT.
(a) Study.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall conduct a study on the
notification processes of the next of kin upon the death of a member of
the Armed Forces. In conducting the study, the Secretary shall identify
the following elements:
(1) The time it takes for such notification to occur after
such death, recovery of remains, and identification of remains.
Such time shall be determined through an analysis of data
regarding cases involving such notifications.
(2) The effect of media (including social media) and other
forms of communication on such processes.
(3) Means by which the Secretary may improve such processes
to reduce the time described in paragraph (1).
(4) Any legislative recommendations of the Secretary to
improve such processes to reduce the time described in
paragraph (1).
(b) Update.--Upon completion of the study under subsection (a), the
Secretary shall review and update training and education materials
regarding such processes, implementing means described in subsection
(a)(3).
(c) Operational Training.--The Secretary of the military department
concerned shall include a training exercise, using materials updated
(including lessons learned) under subsection (b), regarding a death
described in this section in each major exercise conducted by such
Secretary or the Secretary of Defense.
(d) Report.--Not later one year after the date of the enactment of
this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
containing--
(1) the results of the study;
(2) a description of the update under subsection (b); and
(3) lessons learned, as described in subsection (c).
SEC. 528. GENDER-NEUTRAL FITNESS PHYSICAL READINESS STANDARDS FOR
MILITARY OCCUPATIONAL SPECIALTIES OF THE ARMY.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Army shall--
(1) establish gender-neutral physical readiness standards
that ensure soldiers can perform the duties of their respective
military occupational specialties; and
(2) provide to the Committees on Armed Services of the
Senate and House of Representatives a briefing describing the
methodology used to determine the standards established under
paragraph (1).
SEC. 529. RECURRING REPORT REGARDING COVID-19 MANDATE.
(a) Report Required.--The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a recurring report regarding the requirement that a member of the Armed
Forces shall receive a vaccination against COVID-19. Each such report
may not contain any personally identifiable information, and shall
contain the following:
(1) With regard to religious exemptions to such
requirement--
(A) the number of such exemptions for which members
applied;
(B) the number of such religious exemptions denied;
(C) the reasons for such denials;
(D) the number of members denied such a religious
exemption who complied with the requirement; and
(E) the number of members denied such a religious
exemption who did not comply with the requirement who
were separated, and with what characterization.
(2) With regard to medical exemptions to such requirement--
(A) the number of such medical exemptions for which
members applied;
(B) the number of such medical exemptions denied;
(C) the reasons for such denials;
(D) the number of members denied such a medical
exemption who complied with the requirement; and
(E) the number of members denied such a medical
exemption who did not comply with the requirement who
were separated, and with what characterization.
(b) Frequency; Termination.--The Secretary shall submit the first
such report not later than 90 days after the date of the enactment of
this Act and every 90 days thereafter until the first of the following
to occur:
(1) The Secretary of Defense lifts such requirement.
(2) The day that is two years after the date of the
enactment of this Act.
SEC. 530. SENSE OF CONGRESS REGARDING WOMEN INVOLUNTARILY SEPARATED
FROM THE ARMED FORCES DUE TO PREGNANCY OR PARENTHOOD.
(a) Findings.--Congress finds the following:
(1) In June 1948, Congress enacted the Women's Armed
Services Integration Act of 1948, which formally authorized the
appointment and enlistment of women in the regular components
of the Armed Forces.
(2) With the expansion of the Armed Forces to include
women, the possibility arose for the first time that members of
the regular components of the Armed Forces could become
pregnant.
(3) The response to such possibilities and actualities was
Executive Order 10240, signed by President Harry S. Truman in
1951, which granted the Armed Forces the authority to
involuntarily separate or discharge a woman if she became
pregnant, gave birth to a child, or became a parent by adoption
or a stepparent.
(4) The Armed Forces responded to the Executive order by
systematically discharging any woman in the Armed Forces who
became pregnant.
(5) The Armed Forces were required to offer women who were
involuntarily separated or discharged due to pregnancy the
opportunity to request retention in the military.
(6) The Armed Forces may not have provided required
separation benefits, counseling, or assistance to the members
of the Armed Forces who were separated or discharged due to
pregnancy.
(7) Thousands of members of the Armed Forces were
involuntarily separated or discharged from the Armed Forces as
a result of pregnancy.
(8) Such involuntary separation or discharge from the Armed
Forces on the basis of pregnancy was challenged in Federal
district court by Stephanie Crawford in 1975, whose legal
argument stated that this practice violated her constitutional
right to due process of law.
(9) The Court of Appeals for the Second Circuit ruled in
Stephanie Crawford's favor in 1976 and found that Executive
Order 10240 and any regulations relating to the Armed Forces
that made separation or discharge mandatory due to pregnancy
were unconstitutional.
(10) By 1976, all regulations that permitted involuntary
separation or discharge of a member of the Armed Forces because
of pregnancy or any form of parenthood were rescinded.
(11) Today, women comprise 17 percent of the Armed Forces,
and many are parents, including 12 percent of whom are single
parents.
(12) While military parents face many hardships, today's
Armed Forces provide various lengths of paid family leave for
mothers and fathers, for both birth and adoption of children.
(b) Sense of Congress.--It is the sense of Congress that women who
served in the Armed Forces before February 23, 1976, should not have
been involuntarily separated or discharged due to pregnancy or
parenthood.
Subtitle D--Recruitment and Retention
SEC. 531. TREATMENT OF PERSONALLY IDENTIFIABLE INFORMATION REGARDING
PROSPECTIVE RECRUITS.
(a) Treatment of Personally Identifiable Information.--Section
503(a) of title 10, United States Code, is amended adding at the end
the following new paragraphs:
``(3) PII regarding a prospective recruit collected or
compiled under this subsection shall be kept confidential, and
a person who has had access to such PII may not disclose the
information except for purposes of this section or other
purpose authorized by law.
``(4) In the course of conducting a recruiting campaign,
the Secretary concerned shall--
``(A) notify a prospective recruit of data
collection policies of the armed force concerned; and
``(B) permit the prospective recruit to elect not
to participate in such data collection.
``(5) In this subsection, the term `PII' means personally
identifiable information.''.
(b) Pilot Program on Recruiting.--
(1) Authority.--The Secretary of Defense may conduct a
pilot program (such a program shall be referred to as a
``Military Recruiting Modernization Program'') to evaluate the
feasibility and effectiveness of collecting and using PRI with
modern technologies to allow the Secretary to more effectively
and efficiently use recruiting resources.
(2) Treatment of prospective recruit information.--PRI
collected under a pilot program under this subsection--
(A) may be used by the Armed Forces and entities
into which the Secretary has entered into an agreement
regarding military recruitment only for purposes of
military recruitment;
(B) shall be kept confidential.
(C) may not be maintained more than three years
after collection; and
(3) Opt-out.--A pilot program under this subsection may
allow a prospective recruit to opt-out of the collection of PRI
regarding such prospective recruit.
(4) Termination.--Any such pilot program shall terminate
three years after implementation.
(5) Interim briefing.--Not later than 90 days after the
implementing a pilot program under this subsection, the
Secretary shall provide to the Committees on Armed Services of
the Senate and the House of Representatives a briefing on the
pilot program. Such briefing shall include the following:
(A) The definition, prescribed by the Secretary, of
PRI.
(B) How the Secretary intends to handle privacy
concerns related to the collection of PRI.
(C) Legal concerns over the collection, use, and
maintenance of PRI.
(6) Final report.--Not later than 120 days after the
completion of a pilot program under this subsection, the Under
Secretary of Defense for Personnel and Readiness shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report on the pilot program. Such report
shall include the following:
(A) A summary of whether and how the pilot program
modernized recruiting efforts.
(B) A description of any efficiencies identified
under the pilot program.
(C) Any violations of privacy laws arising from the
pilot program.
(D) Legislative recommendations of the Under
Secretary arising from this pilot program.
(7) Definitions.--In this section:
(A) The term ``PRI'' means information, prescribed
by the Secretary of Defense, regarding a prospective
recruit.
(B) The term ``prospective recruit'' means an
individual who is eligible to join the Armed Forces and
is--
(i) 17 years of age or older; or
(ii) in the eleventh grade (or its
equivalent) or higher.
SEC. 532. REVIVAL AND EXTENSION OF TEMPORARY AUTHORITY FOR TARGETED
RECRUITMENT INCENTIVES.
Section 522(h) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 503 note) is--
(1) is revived to read as it did immediately before its
expiration on December 31, 2020; and
(2) is amended--
(A) by striking the semicolon and inserting a
comma; and
(B) by striking ``2020'' and inserting ``2025''.
SEC. 533. REPORT ON RECRUITING EFFORTS OF CERTAIN ARMED FORCES.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this act, the Secretary of Defense, in coordination with
the Secretaries of the military departments, shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on recruiting efforts of the covered Armed Forces.
(b) Elements.--The report shall contain, with regards to the
covered Armed Forces during fiscal years 2018 through 2022, the
following elements:
(1) A comparison of--
(A) the number of active duty enlistments from each
geographic region;
(B) the number of recruiters stationed in each
geographic region; and
(C) advertising dollars spent in each geographic
region, including annual numbers and averages.
(2) A comparison of the number of active duty enlistments
produced by each recruiting battalion, recruiting district, or
recruiting region, the number of recruiters stationed in each
battalion, and advertising dollars spent in support of each
battalion, including annual numbers and averages.
(3) An analysis of the geographic dispersion of enlistments
by military occupational specialty.
(4) An analysis of the amount of Federal funds spent on
advertising per active duty enlistment by recruiting battalion,
recruiting district, or recruiting region, and a ranked list of
those battalions from most efficient to least efficient.
(5) A comparison of the race, religion, sex, education
levels, military occupational specialties, and waivers for
enlistment granted to enlistees by geographic region and
recruiting battalion, recruiting district, or recruiting region
of responsibility.
(6) An assessment of obstacles that recruiters face in the
field, including access to schools and administrative support.
(7) Efforts the Secretary of the military department
concerned is taking to mitigate obstacles described in
paragraph (6).
(c) Definitions.--In this section:
(1) The term ``covered Armed Force'' means an Armed Force
under the jurisdiction of the Secretary of a military
department.
(2) The term ``geographic region'' means a region used for
the 2020 decennial census.
SEC. 534. REVIEW OF MARKETING AND RECRUITING OF THE DEPARTMENT OF
DEFENSE.
(a) In General.--Not later that September 30, 2023, the Comptroller
General of the United States, in consultation with experts determined
by the Secretary of Defense, shall evaluate the marketing and
recruiting efforts of the Department of Defense to determine how to use
social media and other technology platforms to convey to young people
the opportunities and benefits of service in the covered Armed Forces.
(b) Covered Armed Force Defined.--In this section, the term
``covered Armed Force'' means the following:
(1) The Army.
(2) The Navy.
(3) The Marine Corps.
(4) The Air Force.
(5) The Space Force.
SEC. 535. REPORT ON DEPARTMENT OF DEFENSE RECRUITMENT ADVERTISING TO
RACIAL AND ETHNIC MINORITY COMMUNITIES.
Not later than June 1, 2023, the Secretary of Defense shall submit
to the congressional defense committees a report on the efforts of the
Department of Defense to increase marketing and advertising to
adequately reach racial and ethnic minority communities.
SEC. 536. IMPROVING OVERSIGHT OF MILITARY RECRUITMENT PRACTICES IN
PUBLIC SECONDARY SCHOOLS.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
military recruitment practices in public secondary schools during
calendar years 2018 through 2022, including--
(1) the zip codes of public secondary schools visited by
military recruiters; and
(2) the number of recruits from public secondary schools by
zip code and local education agency.
SEC. 537. BEST PRACTICES FOR THE RETENTION OF CERTAIN FEMALE MEMBERS OF
THE ARMED FORCES.
The Secretaries of the military departments shall share and
implement best practices regarding the use of retention and exit survey
data to identify barriers and lessons learned to improve the retention
of female members of the Armed Forces under the jurisdiction of such
Secretaries.
SEC. 538. REVIEW OF CERTAIN PERSONNEL POLICIES OF SPECIAL OPERATIONS
FORCES.
(a) Review Required.--The Secretary of Defense shall direct the
covered officials to review (and, if a covered official determines it
necessary, update guidance and processes) matters described in section
167(e)(2)(J) of title 10, United States Code. The covered officials
shall complete such review (and update) not later than 180 days after
the date of the enactment of this Act.
(b) Elements of Review.--The review and updates under subsection
(a) shall address the respective roles of the military departments and
the United States Special Operations Command with respect to the
following:
(1) Coordination between special operations command and the
military departments regarding recruiting and retention to
ensure that personnel requirements of special operations forces
and the military departments are met appropriately.
(2) Opportunities for members of special operations forces
to enroll in professional military education.
(3) Promotion opportunities for members of special
operations forces and an assessment of whether such
opportunities are adequate to fulfill staffing requirements of
special operations forces.
(4) Data sharing between the military departments and
special operations command with respect to special operations
forces personnel.
(5) Any other matter the Secretary of Defense determines
appropriate.
(c) Report Required.--Not later than 90 days after completing the
review (and any updates) under subsection (a), the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and
House of Representatives a report on such review and any resulting
updates to guidance and processes. The report shall also include any
recommendations of the Secretary regarding matters described in
subsection (a) or (b).
(d) Definitions.--In this section:
(1) The term ``covered officials'' means--
(A) the Secretaries of the military departments;
(B) the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict; and
(C) the Commander of special operations command.
(2) The term ``special operations command'' has the meaning
given that term in section 167(a) of title 10, United States
Code.
(3) The term ``special operations forces'' means the forces
described in section 167(j) of title 10, United States Code.
SEC. 539. SUPPORT FOR MEMBERS WHO PERFORM DUTIES REGARDING REMOTELY
PILOTED AIRCRAFT: STUDY; REPORT.
(a) Study.--The Secretary of Defense shall conduct a study to
identify opportunities to provide more support services to, and greater
recognition of combat accomplishments of, RPA crew. Such study shall
identify the following with respect to each covered Armed Force:
(1) Safety policies applicable to crew of traditional
aircraft that apply to RPA crew.
(2) Personnel policies, including crew staffing and
training practices, applicable to crew of traditional aircraft
that apply to RPA crew.
(3) Metrics the Secretaries of the military departments use
to evaluate the health of RPA crew.
(4) Incentive pay, retention bonuses, promotion rates, and
career advancement opportunities for RPA crew.
(5) Combat zone compensation available to RPA crew.
(6) Decorations and awards for combat available to RPA
crew.
(7) Mental health care available to crew of traditional
aircraft and RPA crew who conduct combat operations.
(8) Whether RPA crew receive post-separation health
(including mental health) care equivalent to crew of
traditional aircraft.
(9) An explanation of any difference under paragraph (8).
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report containing the following:
(1) The results of the study conducted under this section.
(2) Any policy recommendations of the Secretary regarding
such results.
(3) Progress made by the Secretary of the Air Force in
implementing the recommendations of the Comptroller General of
the United States in the following reports:
(A) GAO-19-155, titled ``Unmanned Aerial Systems:
Air Force Pilot Promotion Rates Have Increased but
Oversight Process of Some Positions Could Be
Enhanced''.
(B) GAO-20-320, titled ``Unmanned Aerial Systems:
Air Force Should Take Additional Steps to Improve
Aircrew Staffing and Support''.
(c) Definitions.--In this section:
(1) The term ``covered Armed Force'' means an Armed Force
under the jurisdiction of the Secretary of a military
department.
(2) The term ``RPA crew'' means members of covered Armed
Forces who perform duties relating to remotely piloted
aircraft.
(3) The term ``traditional aircraft'' means fixed or rotary
wing aircraft operated by an onboard pilot.
SEC. 539A. RETENTION AND RECRUITMENT OF MEMBERS OF THE ARMY WHO
SPECIALIZE IN AIR AND MISSILE DEFENSE SYSTEMS.
(a) Study.--The Comptroller General of the United States shall
study efforts to retain and recruit members with military occupational
specialties regarding air and missile defense systems of the Army.
(b) Interim Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a briefing on the status of the study.
(c) Final Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report that identifies steps the Secretary of the Army may take to
improve such retention and recruitment.
Subtitle E--Military Justice and Other Legal Matters
SEC. 541. MATTERS IN CONNECTION WITH SPECIAL TRIAL COUNSEL.
(a) Definition of Covered Offense.--
(1) In general.--Section 801(17)(A) of title 10, United
States Code (article 1(17)(A) of the Uniform Code of Military
Justice), as added by section 533 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1695), is amended by striking ``section 920 (article
120)'' and inserting ``section 919a (article 119a), section 920
(article 120), section 920a (article 120a)''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect immediately after the coming into effect of
the amendments made by section 533 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1695) as provided in section 539C of that Act (10 U.S.C.
801 note) and shall apply with respect to offenses that occur
after that date.
(b) Inclusion of Sexual Harassment as Covered Offense.--
(1) In general.--Section 801(17)(A) of title 10, United
States Code (article 1(17)(A) of the Uniform Code of Military
Justice), as added by section 533 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1695) and amended by subsection (a) of this section, is
further amended--
(A) by striking ``or''; and
(B) by striking ``of this title'' and inserting ``,
or the standalone offense of sexual harassment
punishable under section 934 (article 134) of this
title in each instance in which a formal complaint is
made and such formal complaint is substantiated in
accordance with regulations prescribed by the Secretary
concerned''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on January 1, 2025, and shall apply with
respect to offenses that occur after that date.
(c) Residual Prosecutorial Duties and Other Judicial Functions of
Convening Authorities in Covered Cases.--The President shall prescribe
regulations to ensure that residual prosecutorial duties and other
judicial functions of convening authorities, including granting
immunity, ordering depositions, and hiring experts, with respect to
charges and specifications over which a special trial counsel exercises
authority pursuant to section 824a of title 10, United States Code
(article 24a of the Uniform Code of Military Justice) (as added by
section 531 of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 135 Stat. 1692)), are transferred to the
military judge, the special trial counsel, or other authority as
appropriate in such cases by no later than the effective date
established in section 539C of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 801 note), in
consideration of due process for all parties involved in such a case.
(d) Amendment to the Rules for Courts-Martial.--The President shall
prescribe in regulation such modifications to Rule 813 of the Rules for
Courts-Martial and other Rules as appropriate to ensure that at the
beginning of each court-martial convened, the presentation of orders
does not in open court specify the name, rank, or position of the
convening authority convening such court, unless such convening
authority is the Secretary concerned, the Secretary of Defense, or the
President.
(e) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the Senate and the House of
Representatives a briefing on the progress of the Department of Defense
in implementing this section, including an identification of--
(1) the duties to be transferred under subsection (c);
(2) the positions to which those duties will be
transferred; and
(3) any provisions of law or Rules for Courts Martial that
must be amended or modified to fully complete the transfer.
(f) Additional Reporting Relating to Implementation of Subtitle D
of Title V of the National Defense Authorization Act for Fiscal Year
2022.--Not later than February 1, 2025, and annually thereafter for
five years, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
assessing the holistic effect of the reforms contained in subtitle D of
title V of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81) on the military justice system. The report shall
include the following elements:
(1) An overall assessment of the effect such reforms have
had on the military justice system and the maintenance of good
order and discipline in the ranks.
(2) The percentage of caseload and courts-martial assessed
as meeting, or having been assessed as potentially meeting, the
definition of ``covered offense'' under section 801(17) of
title 10, United States Code (article 1(17) of the Uniform Code
of Military Justice) (as added by section 533 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 135 17 Stat. 1695)), disaggregated by offense and military
service where possible.
(3) An assessment of prevalence and data concerning
disposition of cases by commanders after declination of
prosecution by special trial counsel, disaggregated by offense
and military service when possible.
(4) Assessment of the effect, if any, the reforms contained
in such subtitle have had on non-judicial punishment concerning
covered and non-covered offenses.
(5) A description of the resources and personnel required
to maintain and execute the reforms made by such subtitle
during the reporting period relative to fiscal year 2022.
(6) A description of any other factors or matters
considered by the Secretary to be important to a holistic
assessment of those reforms on the military justice system.
SEC. 542. TECHNICAL CORRECTIONS RELATING TO SPECIAL TRIAL COUNSEL.
(a) Technical Corrections.--Section 824a(c)(3) of title 10, United
States Code (article 24a(c)(3) of the Uniform Code of Military
Justice), is amended--
(1) by striking ``Subject to paragraph (4)'' and inserting
``Subject to paragraph (5)''; and
(2) in subparagraph (D), by striking ``an ordered
rehearing'' and inserting ``an authorized rehearing''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect immediately after the coming into effect of the amendments
made by section 531 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1692) as provided in
section 539C of that Act (10 U.S.C. 801 note).
SEC. 543. RANDOMIZATION OF COURT-MARTIAL PANELS.
(a) In General.--Section 825(e) of title 10, United States Code
(article 25(e) of the Uniform Code of Military Justice), is amended by
adding at the end the following new paragraph:
``(4) When convening a court-martial, the convening authority shall
detail as members thereof members of the armed forces under such
regulations as the President may prescribe for the randomized selection
of qualified personnel, to the maximum extent practicable.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is two years after the date of the
enactment of this Act and shall apply with respect to courts-martial
convened on or after that effective date.
(c) Regulations.--Not later than the effective date specified in
subsection (b), the President shall prescribe regulations implementing
the requirement under paragraph (4) of section 825(e) of title 10,
United States Code (article 25(e) of the Uniform Code of Military
Justice), as added by subsection (a) of this section.
SEC. 544. JURISDICTION OF COURTS OF CRIMINAL APPEALS.
(a) Waiver of Right to Appeal; Withdrawal of Appeal.--Section
861(d) of title 10, United States Code (article 61(d) of the Uniform
Code of Military Justice), is amended by striking ``A waiver'' and
inserting ``Except as provided by section 869(c)(2) of this title
(article 69(c)(2)), a waiver''.
(b) Jurisdiction.--Section 866 of title 10, United States Code
(article 66 of the Uniform Code of Military Justice), is amended--
(1) in subsection (b)(1), by striking ``shall have
jurisdiction over'' and all that follows through the period at
the end of subparagraph (D) and inserting the following:
``shall have jurisdiction over--
``(A) a timely appeal from the judgment of a court-martial,
entered into the record under section 860c(a) of this title
(article 60c(a)), that includes a finding of guilty; and
``(B) a summary court-martial case in which the accused
filed an application for review with the Court under section
869(d)(1) of this title (article 69(d)(1)) and for which the
application has been granted by the Court.''; and
(2) in subsection (c), by striking ``is timely if'' and all
that follows through the period at the end of paragraph (2) and
inserting the following: ``is timely if--
``(1) in the case of an appeal under subparagraph (A) of
such subsection, it is filed before the later of--
``(A) the end of the 90-day period beginning on the
date the accused is provided notice of appellate rights
under section 865(c) of this title (article 65(c)); or
``(B) the date set by the Court of Criminal Appeals
by rule or order; and
``(2) in the case of an appeal under subparagraph (B) of
such subsection, an application for review with the Court is
filed not later than the earlier of the dates established under
section 869(d)(2)(B) of this title (article 69(d)(2)(B)).''.
(c) Review by Judge Advocate General.--Section 869 of title 10,
United States Code (article 69 of the Uniform Code of Military
Justice), is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--Upon application by the accused or receipt of
the record pursuant to section 864(c)(3) of this title (article
64(c)(3)) and subject to subsections (b), (c), and (d), the Judge
Advocate General may--
``(1) with respect to a summary court-martial, modify or
set aside, in whole or in part, the findings and sentence; or
``(2) with respect to a general or special court-martial,
order such court-martial to be reviewed under section 866 of
this title (article 66).''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``To qualify''; and
(B) by striking ``not later than one year after''
and all that follows through the period at the end and
inserting the following: ``not later than--
``(A) for a summary court-martial, one year after the date
of completion of review under section 864 of this title
(article 64); or
``(B) for a general or special court-martial, one year
after the end of the 90-day period beginning on the date the
accused is provided notice of appellate rights under section
865(c) of this title (article 65(c)), unless the accused
submitted a waiver or withdrawal of appellate review under
section 861 of this title (article 61) before being provided
notice of appellate rights, in which case the application must
be submitted to the Judge Advocate General not later than one
year after the entry of judgment under section 860c of this
title (article 60c).
``(2) The Judge Advocate General may, for good cause shown, extend
the period for submission of an application, except that--
``(A) in the case of an application for review of a summary
court martial, the Judge Advocate may not consider an
application submitted more than three years after the
completion date referred to in paragraph (1)(A); and
``(B) in case of an application for review of a general or
special court-martial, the Judge Advocate may not consider an
application submitted more than three years after the end of
the applicable period under paragraph (1)(B).'';
(3) in subsection (c)--
(A) in paragraph (1)(A), by striking ``section 864
or 865(b) of this title (article 64 or 65(b))'' and
inserting ``section 864 of this title (article 64)'';
and
(B) in paragraph (2), by striking ``the Judge
Advocate General shall order appropriate corrective
action under rules prescribed by the President'' and
inserting ``the Judge Advocate General shall send the
case to the Court of Criminal Appeals''; and
(4) in subsection (d)--
(A) in paragraph (1), by striking ``under
subsection (c)--'' and all that follows through ``(B)
in a case submitted'' and inserting ``under subsection
(c)(1) in a case submitted''; and
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``paragraph (1)(B)'' and
inserting ``paragraph (1)''.
(d) Applicability.--The amendments made by this section shall not
apply to--
(1) any matter that was submitted before the date of the
enactment of this Act to a Court of Criminal Appeals
established under section 866 of title 10, United States Code
(article 66 of the Uniform Code of Military Justice); or
(2) any matter that was submitted before the date of the
enactment of this Act to a Judge Advocate General under section
869 of such title (article 69 of the Uniform Code of Military
Justice).
SEC. 545. SPECIAL TRIAL COUNSEL OF THE DEPARTMENT OF THE AIR FORCE.
(a) In General.--Section 1044f of title 10, United States Code, is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``The policies shall'' and inserting ``Subject
to subsection (c), the policies shall'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Special Trial Counsel of Department of the Air Force.--In
establishing policies under subsection (a), the Secretary of Defense
shall--
``(1) in lieu of providing for separate offices for the Air
Force and Space Force under subsection (a)(1), provide for the
establishment of a single dedicated office from which office
the activities of the special trial counsel of the Department
of the Air Force shall be supervised and overseen; and
``(2) in lieu of providing for separate lead special trial
counsels for the Air Force and Space Force under subsection
(a)(2), provide for the appointment of one lead special trial
counsel who shall be responsible for the overall supervision
and oversight of the activities of the special trial counsel of
the Department of the Air Force.''.
(b) Effective Date.--The amendments made subsection (a) shall take
effect immediately after the coming into effect of the amendments made
by section 532 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1694) as provided in section
539C of that Act (10 U.S.C. 801 note).
SEC. 546. INDEPENDENT INVESTIGATION OF SEXUAL HARASSMENT.
(a) Definitions.--Subsection (e) of section 1561 of title 10,
United States Code, as amended by section 543 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
1709), is amended to read as follows:
``(e) Definitions.--In this section:
``(1) The term `independent investigator' means a civilian
employee of the Department of Defense or a member of the Army,
Navy, Marine Corps, Air Force, or Space Force who--
``(A) is outside the immediate chain of command of
the complainant and the subject of the investigation;
and
``(B) is trained in the investigation of sexual
harassment, as determined by--
``(i) the Secretary of Defense, in the case
of a civilian employee of the Department of
Defense;
``(ii) the Secretary of the Army, in the
case of a member of the Army;
``(iii) the Secretary of the Navy, in the
case of a member of the Navy or Marine Corps;
or
``(iv) the Secretary of the Air Force, in
the case of a member of the Air Force or Space
Force.
``(2) The term `sexual harassment' means conduct that
constitutes the offense of sexual harassment as punishable
under section 934 of this title (article 134) pursuant to the
regulations prescribed by the Secretary of Defense for purposes
of such section (article).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect immediately after the coming into effect of the amendments
made by section 543 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1709) as provided in
subsection (c) of that section.
SEC. 547. PRIMARY PREVENTION RESEARCH AGENDA AND WORKFORCE.
(a) Annual Primary Prevention Research Agenda.--Section 549A(c) of
the National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81; 135 Stat. 1722) is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (5), (6), and (7), respectively;
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) include a focus on whether and to what extent sub-
populations of the military community may be targeted for
interpersonal violence more than others;
``(3) seek to identify factors that influence the
prevention, perpetration, and victimization of interpersonal
and self-directed violence;
``(4) seek to improve the collection and dissemination of
data on hazing and bullying related to interpersonal and self-
directed violence;''; and
(3) by amending paragraph (6), as redesignated by paragraph
(1) of this section, to read as follows:
``(6) incorporate collaboration with other Federal
departments and agencies, including the Department of Health
and Human Services and the Centers for Disease Control and
Prevention, State governments, academia, industry, federally
funded research and development centers, nonprofit
organizations, and other organizations outside of the
Department of Defense, including civilian institutions that
conduct similar data-driven studies, collection, and analysis;
and''.
(b) Primary Prevention Workforce.--Section 549B of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1722) is amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking ``subsection
(a)'' and inserting ``paragraph (1)''; and
(B) by adding at the end the following new
paragraph:
``(3) Comptroller general report.--Not later than one year
after the date of the enactment of this paragraph, the
Comptroller General of the United States shall submit to the
congressional defense committees a report that--
``(A) compares the sexual harassment and prevention
training of the Department of Defense with similar
programs at other departments and agencies of the
Federal Government; and
``(B) includes relevant data collected by colleges
and universities and other relevant outside entities on
hazing and bullying and interpersonal and self-directed
violence.''; and
(2) by adding at the end the following new subsection:
``(e) Incorporation of Research and Findings.--The Secretary of
Defense shall ensure that the findings and conclusions from the primary
prevention research agenda established under section 549A are regularly
incorporated, as appropriate, within the primary prevention workforce
established under subsection (a).''.
SEC. 548. LIMITATION ON AVAILABILITY OF FUNDS FOR RELOCATION OF ARMY
CID SPECIAL AGENT TRAINING COURSE.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2023 for the Army
may be obligated or expended to relocate an Army CID special agent
training course until--
(1)(A) the Secretary of the Army submits to the Committees
on Armed Services of the Senate and the House of
Representatives--
(i) the evaluation and plan required by subsection
(a) of section 549C of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 135 Stat. 1724);
(ii) the implementation plan required by subsection
(b) of such section; and
(iii) a separate report on any plans of the
Secretary to relocate an Army CID special agent
training course, including an explanation of the
business case for any transfer of training personnel
proposed as part of such plan;
(B) the Secretary provides to the Committee on Armed
Services of the House of Representatives a briefing on the
contents of each report specified in subparagraph (A); and
(C) a period of 90 days has elapsed following the briefing
under subparagraph (B); and
(2) the Secretary submits a written certification to the
Committees on Armed Services of the Senate and the House of
Representatives indicating that the Army has fully complied
with subsection (c) of section 549C of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1724) with regard to locations at which military criminal
investigative training is conducted.
(b) Definitions.--In this section:
(1) The term ``relocate'', when used with respect to an
Army CID special agent training course, means the transfer of
such course to a location different than the location used for
such course as of the date of the enactment of this Act.
(2) The term ``Army CID special agent training course''
means a training course provided to members of the Army to
prepare such members for service as special agents in the Army
Criminal Investigation Division.
SEC. 549. REVIEW OF TITLING AND INDEXING PRACTICES OF THE ARMY AND
CERTAIN OTHER ORGANIZATIONS.
(a) Review of Titling an Indexing Decisions.--Not later than 180
days after the date of the enactment of this Act, the Secretary of the
Army shall review the case file of each member or former member of the
Army, the Army Reserve, or the Army National Guard who was titled or
indexed in connection with the Guard Recruiting Assistance Program, the
Army Reserve Recruiting Assistance Program, or any related activity to
determine the appropriateness of the titling or indexing decision that
was made with respect to such member or former member.
(b) Factors to Be Considered.--In reviewing a titling or indexing
decision under subsection (a), the Secretary of the Army shall
consider--
(1) the likelihood that the member or former member to whom
the decision pertains will face future criminal prosecution or
other adverse action on the basis of the facts in the record at
the time of the review;
(2) the appropriate evidentiary standard to apply to the
review of the decision; and
(3) such other circumstances or factors as the Secretary
determines are in the interest of equity and fairness.
(c) Notification and Appeal.--
(1) In general.--Upon the completion of each review under
subsection (a), the Secretary of the Army shall notify the
member or former member concerned of such review, the
disposition of the relevant instance of titling or indexing,
and the mechanisms the member or former member may pursue to
seek correction, removal, or expungement of that instance of
titling or indexing.
(2) Notification of next of kin.--In a case in which a
member or former member required to be notified under paragraph
(1) is deceased, the Secretary of the Army shall provide the
notice required under such paragraph to the primary next of kin
of the member or former member.
(d) Actions by the Secretary of the Army.--If the Secretary of the
Army determines that correction, removal, or expungement of an instance
of titling or indexing is appropriate after considering the factors
under subsection (b), the Secretary of the Army may request that the
name, personally identifying information, and other information
relating to the individual to whom the titling or indexing pertains be
corrected in, removed from, or expunged from, the following:
(1) A law enforcement or criminal investigative report of
the Department of Defense or any component of the Department.
(2) An index item or entry in the Department of Defense
Central Index of Investigations (DCII).
(3) Any other record maintained in connection with a report
described in paragraph (1), or an index item or entry described
in paragraph (2), in any system of records, records database,
records center, or repository maintained by or on behalf of the
Department, including entries in the Federal Bureau of
Investigation's Interstate Identification Index or any
successor system.
(e) Report of Secretary of the Army.--Not later than 180 days after
the completion of the review required by subsection (a), the Secretary
of the Army shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the results of the
review. The report shall include the following:
(1) The total number of instances of titling and indexing
reviewed under such subsection.
(2) The number of cases in which action was taken to
correct, remove, or expunge an instance of titling or indexing.
(3) The number of members and former members who remain
titled after the conclusion of the review.
(4) The number of members and former members who remain
indexed after the conclusion of the review.
(5) A brief description of the reasons the members and
former members counted under paragraphs (3) and (4) remain
titled or indexed.
(6) Such other matters as the Secretary determines
appropriate.
(f) Secretary of Defense Review and Report.--
(1) Review.--The Secretary of Defense shall conduct a
review the titling and indexing practices of the criminal
investigative organizations of the Armed Forces. Such review
shall include--
(A) an assessment of the practices of titling and
indexing and the continued relevance of such practices
to the operation of such criminal investigative
organizations;
(B) an evaluation of the suitability of the
evidentiary requirements and related practices for
titling and indexing in effect at the time of the
review; and
(C) the development of recommendations, as
appropriate, to improve the consistency, accuracy, and
utility of the titling and indexing processes across
such criminal investigative organizations.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the review conducted
under paragraph (1).
(g) Definitions.--In this section:
(1) The term ``titling'' means the practice of identifying
an individual as the subject of a criminal investigation the
records of a military criminal investigative organization and
storing such information in a database or other records system.
(2) The term ``indexing'' means the practice of submitting
an individual's name or other personally identifiable
information to the Federal Bureau of Investigation's Interstate
Identification Index, or any successor system.
SEC. 549A. BRIEFING AND REPORT ON RESOURCING REQUIRED FOR
IMPLEMENTATION OF MILITARY JUSTICE REFORM.
(a) Briefing and Report Required.--
(1) Briefing.--Not later than March 1, 2023, and no less
frequently than once every 180 days thereafter through December
31, 2024, each Secretary concerned shall provide to the
appropriate congressional committees a briefing that details
the resourcing necessary to implement subtitle D of title V of
the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81) and the amendments made by that subtitle.
(2) Report.--Not later than one year after the date of the
enactment of this Act, each Secretary concerned shall submit to
the appropriate congressional committees a report that details
the resourcing necessary to implement subtitle D of title V of
the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81) and the amendments made by that subtitle.
(3) Form of briefing and report.--The Secretaries concerned
may provide the briefings and report required under paragraphs
(1) and (2) jointly, or separately, as determined appropriate
by such Secretaries.
(b) Elements.--The briefing and report required under subsection
(a) shall address the following:
(1) The number of personnel and personnel authorizations
(military and civilian) required by the Armed Forces to
implement and execute the provisions of subtitle D of title V
of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81) and the amendments made by that subtitle.
(2) The basis for the numbers provided pursuant to
paragraph (1), including the following:
(A) A description of the organizational structure
in which such personnel or groups of personnel are or
will be aligned.
(B) The nature of the duties and functions to be
performed by any such personnel or groups of personnel
across the domains of policy-making, execution,
assessment, and oversight.
(C) The optimum caseload goal assigned to the
following categories of personnel who are or will
participate in the military justice process: criminal
investigators of different levels and expertise,
laboratory personnel, defense counsel, special trial
counsel, military defense counsel, military judges,
military magistrates, and paralegals.
(D) Any required increase in the number of
personnel currently authorized in law to be assigned to
the Armed Force concerned.
(3) The nature and scope of any contract required by the
Armed Force concerned to implement and execute the provisions
of subtitle D of title V of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81) and the amendments
made by that subtitle.
(4) The amount and types of additional funding required by
the Armed Force concerned to implement the provisions of
subtitle D of title V of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81) and the amendments
made by that subtitle.
(5) Any additional authorities required to implement the
provisions of subtitle D of title V of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) and
the amendments made by that subtitle.
(6) Any additional information the Secretary concerned
determines is necessary to ensure the manning, equipping, and
resourcing of the Armed Forces to implement and execute the
provisions of subtitle D of title V of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) and
the amendments made by that subtitle.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee
on Commerce, Science, and Transportation, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Transportation and Infrastructure, and the Committee
on Appropriations of the House of Representatives.
(2) The term ``Secretary concerned'' has the meaning given
that term in section 101(a) of title 10, United States Code.
SEC. 549B. REPORT ON SHARING INFORMATION WITH COUNSEL FOR VICTIMS OF
OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Defense Advisory Committee on Investigation,
Prosecution, and Defense of Sexual Assault in the Armed Forces
(referred to in this section as the ``Advisory Committee'') shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives and each Secretary concerned a report on the
feasibility and advisability of establishing a uniform policy for the
sharing of the information described in subsection (c) with a Special
Victims' Counsel, Victims' Legal Counsel, or other counsel representing
a victim of an offense under chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice).
(b) Elements.--The report under subsection (a) shall include the
following:
(1) An assessment of the feasibility and advisability of
establishing the uniform policy described in subsection (a),
including an assessment of the potential effects of such a
policy on--
(A) the privacy of individuals;
(B) the criminal investigative process; and
(C) the military justice system generally.
(2) If the Advisory Committee determines that the
establishment of such a policy is feasible and advisable, a
description of--
(A) the stages of the military justice process at
which the information described in subsection (c)
should be made available to counsel representing a
victim; and
(B) any circumstances under which some or all of
such information should not be shared.
(3) Such recommendations for legislative or administrative
action as the Advisory Committee considers appropriate.
(c) Information Described.--The information described in this
subsection is the following:
(1) Any recorded statements of the victim to investigators.
(2) The record of any forensic examination of the person or
property of the victim, including the record of any sexual
assault forensic exam of the victim that is in possession of
investigators or the Government.
(3) Any medical record of the victim that is in the
possession of investigators or the Government.
(d) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section
101(a)(9) of title 10, United States Code.
SEC. 549C. DISSEMINATION OF CIVILIAN LEGAL SERVICES INFORMATION.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense, acting through the head of the Sexual
Assault Prevention and Response Office of the Department of Defense,
shall ensure that information on the availability of legal resources
from civilian legal service organizations is distributed to military-
connected sexual assault victims in an organized and consistent manner.
Subtitle F--Member Education
SEC. 551. AUTHORIZATION OF CERTAIN SUPPORT FOR MILITARY SERVICE ACADEMY
FOUNDATIONS.
(a) In General.--Subchapter I of chapter 134 of title 10, United
States Code, is amended by inserting after section 2245 the end the
following new section:
``Sec. 2246. Authorization of certain support for military service
academy foundations
``(a) Authority.--Subject to subsection (b) and pursuant to
regulations prescribed by the Secretary of Defense, the Superintendent
of a Service Academy may authorize a covered foundation to use, on an
unreimbursed basis, facilities or equipment of such Service Academy.
``(b) Limitations.--Use of facilities or equipment under subsection
(a) may be provided only if such use--
``(1) is without any liability of the United States to the
covered foundation;
``(2) does not affect the ability of any official or
employee of the military department concerned, or any member of
the armed forces, to carry out any responsibility or duty in a
fair and objective manner;
``(3) does not compromise the integrity or appearance of
integrity of any program of the military department concerned,
or any individual involved in such a program;
``(4) does not include the participation of any cadet or
midshipman, other than participation in an honor guard at an
event of the covered foundation;
``(5) complies with the Joint Ethics Regulation; and
``(6) has been reviewed and approved by an attorney of the
military department concerned.
``(c) Briefing.--In any fiscal year during which the Superintendent
of a Service Academy exercises the authority under subsection (a), the
Secretary of the military department concerned shall provide a briefing
not later than the last day of that fiscal year to the Committees on
Armed Services of the Senate and House of Representatives regarding the
number of events or activities of a covered foundation supported by
such exercise during such fiscal year.
``(d) Definitions.--In this section:
``(1) The term `covered foundation' means a charitable,
educational, or civic nonprofit organization under section
501(c)(3) of the Internal Revenue Code of 1986, that the
Secretary concerned determines operates exclusively to support,
with respect to a Service Academy, any of the following:
``(A) Recruiting.
``(B) Parent or alumni development.
``(C) Academic, leadership, or character
development.
``(D) Institutional development.
``(E) Athletics.
``(2) The term `Service Academy' has the meaning given such
term in section 347 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to item
2245 the following new item:
``2246. Authorization of certain support for military service academy
foundations.''.
SEC. 552. INDIVIDUALS FROM THE DISTRICT OF COLUMBIA WHO MAY BE
CONSIDERED FOR APPOINTMENT TO MILITARY SERVICE ACADEMIES.
(a) United States Military Academy.--Section 7442 of title 10,
United States Code, is amended, in subsection (b)(5), by striking
``paragraphs (3) and (4)'' and inserting ``paragraphs (3) through
(10)''.
(b) United States Naval Academy.--Section 8454 of title 10, United
States Code, is amended, in subsection (b)(5), by striking ``paragraphs
(3) and (4)'' and inserting ``paragraphs (3) through (10)''.
(c) United States Air Force Academy.--Section 9442 of title 10,
United States Code, is amended, in subsection (b)(5), by striking
``paragraphs (3) and (4)'' and inserting ``paragraphs (3) through
(10)''.
SEC. 553. AGREEMENT BY A CADET OR MIDSHIPMAN TO PLAY PROFESSIONAL SPORT
CONSTITUTES A BREACH OF AGREEMENT TO SERVE AS AN OFFICER.
(a) United States Military Academy.--Section 7448 of title 10,
United States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to read as
follows:
``(5) That the cadet may not obtain employment as a
professional athlete until two years after the cadet graduates
from the Academy.''.
(2) Subsection (b) is amended by adding at the end the
following new paragraph:
``(4) A cadet who violates paragraph (5) of subsection (a) is not
eligible for the alternative obligation under paragraph (1).''.
(3) Subsection (c) is amended--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting, after paragraph (1), the
following new paragraph (2):
``(2) that a cadet who obtains employment as a professional
athlete--
``(A) in violation of paragraph (5) of subsection
(a) has breached an agreement under such subsection;
and
``(B) at least two years after the cadet graduates
from the Academy has not breached an agreement under
subsection (a);''.
(4) Subsection (d) is amended--
(A) by striking ``with respect to an officer who is
a graduate of the Academy'' and inserting ``with
respect to a cadet''; and
(B) by striking ``officer's'' and inserting
``cadet's''.
(5) Subsection (f) is amended by striking ``the terms'' and
inserting ``each term''.
(b) United States Naval Academy.--Section 8459 of title 10, United
States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to read as
follows:
``(5) That the midshipman may not obtain employment as a
professional athlete until two years after the midshipman
graduates from the Academy.''.
(2) Subsection (b) is amended by adding at the end the
following new paragraph:
``(4) A midshipman who violates paragraph (5) of subsection (a) is
not eligible for the alternative obligation under paragraph (1).''.
(3) Subsection (c) is amended--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting, after paragraph (1), the
following new paragraph (2):
``(2) that a midshipman who obtains employment as a
professional athlete--
``(A) in violation of paragraph (5) of subsection
(a) has breached an agreement under such subsection;
and
``(B) at least two years after the midshipman
graduates from the Academy has not breached an
agreement under subsection (a);''.
(4) Subsection (d) is amended--
(A) by striking ``with respect to an officer who is
a graduate of the Academy'' and inserting ``with
respect to a midshipman''; and
(B) by striking ``officer's'' and inserting
``midshipman's''.
(5) Subsection (f) is amended by striking ``the terms'' and
inserting ``each term''.
(c) United States Air Force Academy.--Section 9448 of title 10,
United States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to read as
follows:
``(5) That the cadet may not obtain employment as a
professional athlete until two years after the cadet graduates
from the Academy.''.
(2) Subsection (b) is amended by adding at the end the
following new paragraph:
``(4) A cadet who violates paragraph (5) of subsection (a) is not
eligible for the alternative obligation under paragraph (1).''.
(3) Subsection (c) is amended--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting, after paragraph (1), the
following new paragraph (2):
``(2) that a cadet who obtains employment as a professional
athlete--
``(A) in violation of paragraph (5) of subsection
(a) has breached an agreement under such subsection;
and
``(B) at least two years after the cadet graduates
from the Academy has not breached an agreement under
subsection (a);''.
(4) Subsection (d) is amended--
(A) by striking ``with respect to an officer who is
a graduate of the Academy'' and inserting ``with
respect to a cadet''; and
(B) by striking ``officer's'' and inserting
``cadet's''.
(5) Subsection (f) is amended by striking ``the terms'' and
inserting ``each term''.
SEC. 554. NAVAL POSTGRADUATE SCHOOL AND UNITED STATES AIR FORCE
INSTITUTE OF TECHNOLOGY: TERMS OF PROVOSTS AND CHIEF
ACADEMIC OFFICERS.
(a) Naval Postgraduate School.--
(1) In general.--Section 8543 of title 10, United States
Code, is amended--
(A) by striking ``Academic Dean'' each place it
appears and inserting ``Chief Academic Officer'';
(B) in subsection (a), by striking the second
sentence and inserting ``An individual selected by the
Secretary of the Navy for the position of Provost and
Chief Academic Officer shall serve in that position for
a term of not more than five years and may be continued
in that position for an additional term of up to five
years.''
(2) Technical and conforming amendments.--
(A) Section heading.--The heading of such section
is amended by striking ``Academic Dean'' and inserting
``Chief Academic Officer''.
(B) Table of sections.--The table of sections at
the beginning of chapter 855 of such title is amended
by striking the item relating to section 8543 and
inserting the following new item:
``8543. Provost and Chief Academic Officer.''.
(C) Conforming amendment.--Section
8542(a)(4)(A)(ii)(II) of such title is amended by
striking ``permanently appointed to the position of
Provost and Academic Dean'' and inserting ``selected
for the position of Provost and Chief Academic
Officer''.
(b) United States Air Force Institute of Technology.--Subsection
(b) of section 9414b of such title is amended--
(1) in the heading, by striking ``Academic Dean'' and
inserting ``Chief Academic Officer'';
(2) by striking ``Academic Dean'' each place it appears and
inserting ``Chief Academic Officer'';
(3) in paragraph (1), by striking ``appointed'' and
inserting ``selected''; and
(4) by striking paragraph (2) and inserting the following:
``(2) Term.--An individual selected for the position of
Provost and Chief Academic Officer shall serve in that position
for a term of not more than five years and may be continued in
that position for an additional term of up to five years.''.
SEC. 555. NAVAL POSTGRADUATE SCHOOL: ATTENDANCE BY ENLISTED MEMBERS.
(a) In General.--Subsection (a)(2)(D)(iii) of section 8545 of title
10, United States Code, is amended by striking ``only on a space-
available basis''.
(b) Briefing.--Six years after the date of the enactment of this
Act, the Secretary of Defense shall brief the Committees on Armed
Services of the Senate and House of Representatives on the effects of
increasing enrollment of enlisted members at the Naval Postgraduate
School pursuant to the amendment made by subsection (a). Such briefing
shall include the following elements:
(1) Any increase to the effectiveness, readiness, or
lethality of the Armed Forces.
(2) Effects on rates of recruitment, promotion (including
compensation to members), and retention.
SEC. 556. MODIFICATION OF ANNUAL REPORT ON DEMOGRAPHICS OF MILITARY
SERVICE ACADEMY APPLICANTS.
Subsection (c)(2) of section 575 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 10 U.S.C. 7442 note) is amended by adding at the end the
following new subparagraph:
``(C) Anything the Secretary determines to be
significant regarding gender, race, ethnicity, or other
demographic information, described in subsection (b),
of such individuals.''.
SEC. 557. STUDY AND REPORT ON PROFESSIONAL MILITARY EDUCATION.
(a) Report.--Not later than December 1, 2025, the Secretary of
Defense, in coordination with the Chairman of the Joint Chiefs of Staff
and the Secretaries of the military departments, shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the effectiveness of PME in educating officers of the Armed
Forces.
(b) Elements.--The Secretary of Defense shall include in the report
the following elements:
(1) Definitions; purpose statement.--In order to improve
readiness and create a culture of lifelong learning for PME
students and faculty--
(A) recommendations regarding whether to define
PME, or to revise existing definitions in section 2151
of title 10, United States Code; and
(B) a purpose statement for PME.
(2) Course of study.--With regards to a course of study in
PME--
(A) an analysis of, and legislative recommendations
regarding, the existing three-phase approach to JPME
under section 2154 of title 10, United States Code.
(B) legislative recommendations regarding
developing a statutory three-phase approach for PME
other than JPME, similar to such approach for JPME; and
(C) a proposed career learning plan, provided to an
officer every two years, to track the progress of such
officer in achieving PME and JPME outcomes and other
career milestones.
(3) Curriculum evaluation.--An evaluation of curricula of
institutions of PME, including--
(A) compliance with subject matter requirements
under chapter 107 of title 10, United States Code;
(B) legislative recommendations regarding such
subject matter requirements, including whether to
include the national defense strategy in such
requirements;
(C) the curriculum development process, including
whether such process is responsive to changing global
threats, and any ways to improve such process to be
able to make rapid, relevant, and responsive curriculum
updates;
(D) current modes of instruction and related
recommendations, including the use of interactive
seminars, war games, simulations, experiential
learning, and iterative case studies;
(E) special areas of focus regarding innovation,
including disruptive change, adaptive thinking, design
thinking, cyber security, artificial intelligence,
applied design for innovation, and other areas the
Secretary determines appropriate; and
(F) the development and assessment of learning
outcomes regarding lethality and strategic influence.
(4) Systems of accountability and performance.--An
evaluation of the following accountability and performance
systems:
(A) Student performance assessments.
(B) The documentation of student performance in
military service records.
(C) Consideration of student performance records in
the determination of assignments and promotions.
(D) Consideration of expertise or academic focus in
the determination of assignments.
(5) Academic faculty and student review system.--A summary
of current processes to review the following:
(A) The means by which faculty assigned to teach
PME (including members of the Armed Forces and civilian
personnel) are selected, managed, promoted, and
evaluated.
(B) The academic freedom of faculty described in
subparagraph (A).
(C) A review of how members are selected for
residential and non-residential PME, including the
consideration of student performance assessments during
PME.
(6) Interactions of with institutions of pme civilian
institutions.--
(A) Partnerships.--A review of existing academic
partnerships between institutions of PME and civilian
institutions, including--
(i) the scopes, purposes, and lengths of
such partnerships;
(ii) any research, curriculum development,
or sharing of faculty or students between
institutions; and
(iii) any collaborations or exchanges by
faculties or students.
(B) Consortium.--An appraisal of a prospective
consortium of institutions of PME and civilian
institutions, including--
(i) the feasability and advisability of
establishing such a consortium;
(ii) recommendations, if any, regarding
potential consortium members;
(iii) the anticipated costs and timeline to
establish such a consortium; and
(iii) whether the inclusion of the Naval
Postgraduate School or Air Force Institute of
Technology in such a consortium would require
legislation.
(7) Organization.--With regards to the organizational
structure and lines of authority established pursuant to
section 2152 of title 10, United States Code--
(A) an analysis; and
(B) any legislative recommendations.
(c) Interim Briefings and Final Report.--
(1) Initial briefing.--Not later than June 1, 2023, the
Secretary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate an
initial briefing on the progress of the Secretary in preparing
the report.
(2) Interim briefings.--Every six months after the initial
briefing, the Secretary of Defense shall provide to the
Committees on Armed Services of the House of Representatives
and the Senate an interim briefing on the progress and contents
of the report.
(3) Final briefing.--Not later than December 1, 2025, in
conjunction with issuance of the final report, the Secretary of
Defense shall provide to the Committees on Armed Services of
the Senate and House of Representatives a final briefing on the
findings and recommendations in the report.
(d) Definitions.--In this section:
(1) The term ``institutions of PME'' means--
(A) the professional military education schools;
(B) the senior level service schools;
(C) the intermediate level service schools;
(D) the joint intermediate level service school;
(E) the Naval Postgraduate School; and
(F) the Air Force Institute of Technology.
(2) The terms ``intermediate level service school'',
``joint intermediate level service school'', and ``senior level
service school'' have the meaning given such terms in section
2151 of title 10, United States Code.
(3) The term ``JPME'' means ``joint professional military
education'' has the meaning given such term in section 2151 of
title 10, United States Code.
(4) The term ``PME'' means professional military education,
including JPME.
(5) The term ``professional military education schools''
means the schools specified in section 2162(b) of title 10,
United States Code.
SEC. 558. REPORT ON TREATMENT OF CHINA IN CURRICULA OF PROFESSIONAL
MILITARY EDUCATION.
(a) In General.--Not later than December 1, 2023, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report regarding the treatment of China
in the curricula of institutions of military education, including
changes to such treatment implemented in the five years preceding the
date of such report.
(b) Definitions.--In this section:
(1) The term ``institutions of military education'' means--
(A) the professional military education schools;
(B) the senior level service schools;
(C) the intermediate level service schools;
(D) the joint intermediate level service school;
(E) the Naval Postgraduate School; and
(F) the Air Force Institute of Technology.
(2) The terms ``intermediate level service school'',
``joint intermediate level service school'', and ``senior level
service school'' have the meaning given such terms in section
2151 of title 10, United States Code.
(3) The term ``professional military education schools''
means the schools specified in section 2162 of title 10, United
States Code.
Subtitle G--Member Training and Transition
SEC. 561. CODIFICATION OF SKILLBRIDGE PROGRAM.
(a) In General.--Section 1143(e) of title 10, United States Code,
is amended--
(1) in the heading, by adding ``; Skillbridge'' after
``Training''; and
(2) in paragraph (1), by adding at the end ``Such a program
shall be known as `Skillbridge'.''.
(b) Regulations.--To carry out Skillbridge, the Secretary of
Defense shall, not later than September 30, 2023--
(1) update Department of Defense Instruction 1322.29,
titled ``Job Training, Employment Skills Training,
Apprenticeships, and Internships (JTEST-AI) for Eligible
Service Members''; and
(2) develop a funding plan for Skillbridge that includes
funding lines across the future-years defense program under
section 221 of title 10, United States Code.
SEC. 562. PILOT PROGRAM ON REMOTE PERSONNEL PROCESSING IN THE ARMY.
(a) Establishment.--Not later than January 1, 2024, the Secretary
of the Army shall implement a pilot program to expedite in-processing
and out-processing at one or more military installations--
(1) under the jurisdiction of such Secretary; and
(2) located within the continental United States.
(b) Functions.--The pilot program shall perform the following
functions:
(1) Enable the remote in-processing and out-processing of
covered personnel, including by permitting covered personnel to
sign forms electronically.
(2) Reduce the number of hours required of covered
personnel for in-processing and out-processing.
(3) Provide, to covered personnel and the commander of a
military installation concerned, electronic copies of records
related to in-processing and out-processing.
(c) Termination.--The pilot program shall terminate on January 1st,
2027.
(d) Report.--Not later than January 1, 2026, the Secretary shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report regarding the pilot program, including the
recommendation of the Secretary whether to make the pilot program
permanent.
(e) Definitions.--In this section:
(1) The term ``covered personnel'' includes members of the
Army and civilian employees of the Department of the Army.
(2) The term ``in-processing'' means the administrative
activities that covered personnel undertake pursuant to a
permanent change of station.
(3) The term ``out-processing'' means the administrative
activities that covered personnel undertake pursuant to a
permanent change of station, separation from the Army, or end
of employment with the Department of the Army.
SEC. 563. ANNUAL REPORT ON MEMBERS SEPARATING FROM ACTIVE DUTY WHO FILE
CLAIMS FOR DISABILITY BENEFITS.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, and not later than each January 1 thereafter
through 2025, the Secretary of Defense, in consultation with the
Secretary of Veterans Affairs, shall submit to the appropriate
congressional committees a report on members of the Armed Forces who
file claims for disability benefits.
(b) Elements.--The report under this section shall include, for the
period beginning on October 1, 2019, through the month that ended most
recently before the date of the report, the number of members serving
on active duty, disaggregated by Armed Force, who filed a claim for
disability benefits--
(1) more than 180 days before the discharge or release of
such member from active duty;
(2) between 180 and 90 days before the discharge or release
of such member from active duty;
(3) fewer than 90 days before the discharge or release of
such member from active duty;
(4) before separation and was issued a decision letter
before the discharge or release of such member from active
duty;
(5) before separation and was issued a decision letter
after the discharge or release of such member from active duty;
(6) completed a mental health evaluation before the
discharge or release of such member from active duty; and
(7) did not complete a mental health evaluation before the
discharge or release of such member from active duty.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committees on Armed Services of the Senate and
House of Representatives.
(2) The Committees on Veterans' Affairs of the Senate and
House of Representatives.
SEC. 564. FEMALE MEMBERS OF CERTAIN ARMED FORCES AND CIVILIAN EMPLOYEES
OF THE DEPARTMENT OF DEFENSE IN STEM.
(a) Study on Members and Civilians.--Not later than September 30,
2023, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a briefing
containing the results of a study on how to increase participation of
covered individuals in positions in the covered Armed Forces or
Department of Defense and related to STEM.
(b) Definitions.--In this section:
(1) The term ``covered Armed Force'' means an Armed Force
under the jurisdiction of the Secretary of a military
department.
(2) The term ``covered individual'' means a female--
(A) member of a covered Armed Force; or
(B) civilian employee of the Department of Defense.
(3) The term ``STEM'' means science, technology,
engineering, and mathematics.
Subtitle H--Military Family Readiness and Dependents' Education
SEC. 571. CLARIFICATION AND EXPANSION OF AUTHORIZATION OF SUPPORT FOR
CHAPLAIN-LED PROGRAMS FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--Section 1789 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``chaplain-led programs'' and
inserting ``a chaplain-led program'';
(B) by striking ``members of the armed forces'' and
all that follows through ``status and their immediate
family members,'' and inserting ``a covered
individual''; and
(C) by inserting ``, or to support the resiliency,
suicide prevention, or holistic wellness of such
covered individual'' after ``structure'';
(2) in subsection (b)--
(A) by striking ``members of the armed forces and
their family members'' and inserting ``a covered
individual'';
(B) by striking ``programs'' and inserting ``a
program''; and
(C) by striking ``retreats and conferences'' and
inserting ``a retreat or conference''; and
(3) by striking subsection (c) and inserting the following:
``(c) Covered Individual Defined.--In this section, the term
`covered individual' means--
``(1) a member of the armed forces on active duty;
``(2) a member of the reserve components in an active
status; or
``(3) a dependent of an individual described in
subparagraph (A) or (B).''.
(b) Annual Briefings.--Not later than one year after the date of
the enactment of this Act, and annually thereafter for five years, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a briefing on implementation
of the amendments made by this section. Each such briefing shall
include the following:
(1) The frequency with which the Secretaries of the
military departments used the authority under such amendments
in the year preceding the date of the briefing.
(2) Lessons learned from such usage.
SEC. 572. PILOT PROGRAM TO EXPAND ELIGIBILITY FOR ENROLLMENT AT
DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS:
EXTENSION; REPORT.
(a) Extension.--Section 589C(e) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 10 U.S.C. 2164 note) is amended by striking ``four years after
the date of the enactment of this Act'' and inserting ``on July 1,
2029''.
(b) Report Required.--
(1) In general.--Not later than December 31, 2028, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the conduct of the pilot program under such section.
(2) Elements.--The report shall include a description of--
(A) the locations at which the pilot program is
carried out;
(B) the number of students participating in the
pilot program for each academic year by location; and
(C) the outcome measures used to gauge the value of
the pilot program to the Department of Defense.
SEC. 573. COMMERCIAL AIR WAIVER FOR NEXT OF KIN REGARDING
TRANSPORTATION OF REMAINS OF CASUALTIES.
Section 580A of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) is amended by adding at the end the
following:
``(c) Transportation of Deceased Military Member.--In the event of
a death that requires the Secretary concerned to provide a death
benefit under subchapter II of chapter 75 of title 10, United States
Code, such Secretary--
``(1) shall provide the next of kin or other appropriate
person a commercial air travel use waiver for the
transportation of deceased remains of military member who dies
outside of--
``(A) the United States; and
``(B) a theater of combat operations; or
``(2) may provide the next of kin or other appropriate
person a commercial air travel use waiver for the
transportation of deceased remains of military member who dies
inside a theater of combat operations.''.
SEC. 574. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MILITARY AND CIVILIAN PERSONNEL.
(a) Continuation of Authority to Assist Local Educational Agencies
That Benefit Dependents of Members of the Armed Forces and Department
of Defense Civilian Employees.--
(1) Assistance to schools with significant numbers of
military dependent students.--Of the amount authorized to be
appropriated for fiscal year 2023 by section 301 and available
for operation and maintenance for Defense-wide activities as
specified in the funding table in section 4301, $50,000,000
shall be available only for the purpose of providing assistance
to local educational agencies under subsection (a) of section
572 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 20 U.S.C. 7703b).
(2) Local educational agency defined.--In this subsection,
the term ``local educational agency'' has the meaning given
that term in section 7013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
(b) Impact Aid for Children With Severe Disabilities.--
(1) In general.--Of the amount authorized to be
appropriated for fiscal year 2023 pursuant to section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$10,000,000 shall be available for payments under section 363
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106-398;
114 Stat. 1654A-77; 20 U.S.C. 7703a).
(2) Additional amount.--Of the amount authorized to be
appropriated for fiscal year 2023 pursuant to section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$10,000,000 shall be available for use by the Secretary of
Defense to make payments to local educational agencies
determined by the Secretary to have higher concentrations of
military dependent students with severe disabilities.
(3) Report.--Not later than March 31, 2023, the Secretary
shall brief the Committees on Armed Services of the Senate and
the House of Representatives on the evaluation of the Secretary
of each local educational agency with higher concentrations of
military dependent students with severe disabilities and
subsequent determination of the amounts of impact aid each such
agency shall receive.
SEC. 575. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES WITH ENROLLMENT
CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE CHANGES, OR
FORCE RELOCATIONS.
(a) Assistance Authorized.--To assist communities in making
adjustments resulting from changes in the size or location of the Armed
Forces, the Secretary of Defense shall provide financial assistance to
an eligible local educational agency described in subsection (b) if,
during the period between the end of the school year preceding the
fiscal year for which the assistance is authorized and the beginning of
the school year immediately preceding that school year, the local
educational agency--
(1) had (as determined by the Secretary of Defense in
consultation with the Secretary of Education) an overall
increase or reduction of--
(A) not less than five percent in the average daily
attendance of military dependent students in the
schools of the local educational agency; or
(B) not less than 500 military dependent students
in average daily attendance in the schools of the local
educational agency; or
(2) is projected to have an overall increase, between
fiscal years 2023 and 2028, of not less than 500 military
dependent students in average daily attendance in the schools
of the local educational agency as the result of a signed
record of decision.
(b) Eligible Local Educational Agencies.--A local educational
agency is eligible for assistance under subsection (a) for a fiscal
year if--
(1) 20 percent or more of students enrolled in schools of
the local educational agency are military dependent students;
and
(2) in the case of assistance described in subsection
(a)(1), the overall increase or reduction in military dependent
students in schools of the local educational agency is the
result of one or more of the following:
(A) The global rebasing plan of the Department of
Defense.
(B) The official creation or activation of one or
more new military units.
(C) The realignment of forces as a result of the
base closure process.
(D) A change in the number of housing units on a
military installation.
(E) A signed record of decision.
(c) Calculation of Amount of Assistance.--
(1) Pro rata distribution.--The amount of the assistance
provided under subsection (a) to a local educational agency
that is eligible for such assistance for a fiscal year shall be
equal to the product obtained by multiplying--
(A) the per-student rate determined under paragraph
(2) for that fiscal year; by
(B) the net of the overall increases and reductions
in the number of military dependent students in schools
of the local educational agency, as determined under
subsection (a).
(2) Per-student rate.--For purposes of paragraph (1)(A),
the per-student rate for a fiscal year shall be equal to the
dollar amount obtained by dividing--
(A) the total amount of funds made available for
that fiscal year to provide assistance under subsection
(a); by
(B) the sum of the overall increases and reductions
in the number of military dependent students in schools
of all eligible local educational agencies for that
fiscal year under that subsection.
(3) Maximum amount of assistance.--A local educational
agency may not receive more than $15,000,000 in assistance
under subsection (a) for any fiscal year.
(d) Duration.--Assistance may not be provided under subsection (a)
after September 30, 2028.
(e) Notification.--Not later than June 30, 2023, and June 30 of
each fiscal year thereafter for which funds are made available to carry
out this section, the Secretary of Defense shall notify each local
educational agency that is eligible for assistance under subsection (a)
for that fiscal year of--
(1) the eligibility of the local educational agency for the
assistance; and
(2) the amount of the assistance for which the local
educational agency is eligible.
(f) Disbursement of Funds.--The Secretary of Defense shall disburse
assistance made available under subsection (a) for a fiscal year not
later than 30 days after the date on which notification to the eligible
local educational agencies is provided pursuant to subsection (e) for
that fiscal year.
(g) Briefing Required.--Not later than March 1, 2023, the Secretary
of Defense shall brief the Committees on Armed Services of the Senate
and the House of Representatives on the estimated cost of providing
assistance to local educational agencies under subsection (a) through
September 30, 2028.
(h) Eligible Uses.--Amounts disbursed to a local education agency
under subsection (f) may be used by such local educational agency for--
(1) general fund purposes;
(2) special education;
(3) school maintenance and operation;
(4) school expansion; or
(5) new school construction.
(i) Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for Operation and Maintenance,
Defense-wide, Department of Defense Education Activity, Line
390, as specified in the corresponding funding table in section
4301, is hereby increased by $15,000,000 for purposes of this
section.
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for Operation and Maintenance,
Defense-wide, for Washington Headquarters Services, Line 500,
as specified in the corresponding funding table in section
4301, is hereby reduced by $15,000,000.
(j) Definitions.--In this section:
(1) The term ``base closure process'' means any base
closure and realignment process conducted after the date of the
enactment of this Act under section 2687 of title 10, United
States Code, or any other similar law enacted after that date.
(2) The term ``local educational agency'' has the meaning
given that term in section 7013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(3) The term ``military dependent students'' means--
(A) elementary and secondary school students who
are dependents of members of the Armed Forces; and
(B) elementary and secondary school students who
are dependents of civilian employees of the Department
of Defense.
(4) The term ``State'' means each of the several States and
the District of Columbia.
SEC. 576. PILOT PROGRAM ON HIRING OF SPECIAL NEEDS INCLUSION
COORDINATORS FOR DEPARTMENT OF DEFENSE CHILD DEVELOPMENT
CENTERS.
(a) In General.--The Secretary of Defense, in coordination with the
Secretaries of the military departments, shall carry out a pilot
program to hire special needs inclusion coordinators at child
development centers selected by the Secretary under subsection (b).
(b) Selection of Centers.--The Secretary of Defense shall select
the child development centers at which the pilot program required by
subsection (a) will be carried out based on--
(1) the number of dependent children enrolled in the
Exceptional Family Member Program at the military installation
on which the center in located;
(2) the number of children with special needs enrolled in
the center; and
(3) such other considerations as the Secretary, in
consultation with the Secretaries of the military departments,
considers appropriate.
(c) Functions.--Each special needs inclusion coordinator assigned
to a child development center under the pilot program required by
subsection (a) shall--
(1) coordinate intervention and inclusion services at the
center;
(2) provide direct classroom support; and
(3) provide guidance and assistance relating to the
increased complexity of working with the behaviors of children
with special needs.
(d) Briefings Required.--
(1) Briefing on anticipated costs.--Not later than March 1,
2023, the Secretary of Defense shall provide to the Committees
on Armed Services of the Senate and the House of
Representatives a briefing on the anticipated costs for the
pilot program required by subsection (a).
(2) Briefing on effectiveness of program.--Not later than
September 30, 2025, the Secretary of Defense shall provide to
the Committees on Armed Services of the Senate and the House of
Representatives a briefing on the pilot program required by
subsection (a) that includes--
(A) the number of special needs inclusion
coordinators hired under the pilot program;
(B) a description of any issues relating to the
retention of those coordinators;
(C) a recommendation with respect to whether the
pilot program should be made permanent or expanded to
other military installations; and
(D) an assessment of the amount of funding required
to make the pilot program permanent or expand the pilot
program to other military installations, as the
Secretary recommends under subparagraph (C).
(e) Duration of Pilot Program.--The pilot program required by
subsection (a) shall--
(1) commence not later than January 1, 2024; and
(2) terminate on December 31, 2026.
(f) Child Development Center Defined.--In this section, the term
``child development center'' has the meaning given that term in section
2871(2) of title 10, United States Code, and includes a facility
identified as a child care center or day care center.
SEC. 577. PROMOTION OF CERTAIN CHILD CARE ASSISTANCE.
(a) In General.--Each Secretary concerned shall promote, to members
of the Armed Forces under the jurisdiction of such Secretary concerned,
awareness of child care assistance available under--
(1) section 1798 of title 10, United States Code; and
(2) section 589 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283; 10 U.S.C. 1791 note).
(b) Reporting.--Not later than one year after the date of the
enactment of this Act, each Secretary concerned shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report summarizing activities taken by such Secretary concerned to
carry out subsection (a).
(c) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given such term in section 101
of title 10, United States Code.
SEC. 578. INDUSTRY ROUNDTABLE ON MILITARY SPOUSE HIRING.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Personnel and
Readiness shall seek to convene an industry roundtable to discuss the
hiring of military spouses. Such discussion shall include the following
elements:
(1) The value of, and opportunities to, private entities
that hire military spouses.
(2) Career opportunities for military spouses.
(3) Understanding the challenges that military spouses
encounter in the labor market.
(4) Gaps and opportunities in the labor market for military
spouses.
(5) Best hiring practices from industry leaders in human
resources.
(6) The benefits of portable licenses and interstate
licensure compacts for military spouses.
(b) Participants.--The participants in the roundtable shall include
the following:
(1) The Under Secretary of Defense for Personnel and
Readiness.
(2) The Assistant Secretary for Manpower and Reserve
Affairs of each military department.
(3) The Director of the Defense Human Resources Activity.
(4) Other officials of the Department of Defense the
Secretary of Defense determines appropriate.
(5) Private entities that elect to participate.
(c) Notice.--The Under Secretary shall publish notice of the
roundtable in multiple private sector forums and the Federal Register
to encourage participation in the roundtable by private entities and
entities interested in the hiring of military spouses.
(d) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall provide a
briefing to the Committees on Armed Services of the Senate and House of
Representatives on the lessons learned from the roundtable, including
the recommendation of the Secretary whether to convene the roundtable
annually.
SEC. 579. RECOMMENDATIONS FOR THE IMPROVEMENT OF THE MILITARY
INTERSTATE CHILDREN'S COMPACT.
(a) Recommendations Required.--The Secretaries concerned, in
consultation with States through the Defense-State Liaison Office,
shall develop recommendations to improve the Military Interstate
Children's Compact.
(b) Considerations.--In carrying out subsection (a), the
Secretaries concerned shall--
(1) identify any barriers--
(A) to the ability of a parent of a transferring
military-connected child to enroll the child, in
advance, in an elementary or secondary school in the
State in which the child is transferring, without
requiring the parent or child to be physically present
in the State; and
(B) to the ability of a transferring military-
connected child who receives special education services
to gain access to such services and related supports in
the State to which the child transfers within the
timeframes required under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.);
(2) consider the feasibility and advisability of--
(A) tracking and reporting the number of families
who use advanced enrollment in States that offer
advanced enrollment to military-connected children;
(B) States clarifying in legislation that
eligibility for advanced enrollment requires only
written evidence of a permanent change of station
order, and does not require a parent of a military-
connected child to produce a rental agreement or
mortgage statement; and
(C) the Secretary of Defense, in coordination with
the Military Interstate Children's Compact, developing
a letter or other memorandum that military families may
present to local educational agencies that outlines the
protections afforded to military-connected children by
the Military Interstate Children's Compact; and
(3) identify any other actions that may be taken by the
States (acting together or separately) to improve the Military
Interstate Children's Compact.
(c) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretaries concerned shall submit to the
Committees on Armed Services of the Senate and House of
Representatives, and to the States, a report setting forth the
recommendations developed under subsection (a).
(d) Definitions.--In this section:
(1) The terms ``armed forces'', ``active duty'' and
``congressional defense committees'' have the meanings given
those terms in section 101 of title 10, United States Code.
(2) The terms ``child'', ``elementary school'', ``local
educational agency'', ``secondary school'', ``parent'', and
``State'' have the meanings given those terms in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(3) The term ``Military Interstate Children's Compact''
means the Interstate Compact on Educational Opportunity for
Military Children as described in Department of Defense
Instruction 1342.29, dated January 31, 2017 (or any successor
to such instruction).
(4) The term ``Secretary concerned'' means--
(A) the Secretary of Defense, with respect to
matters concerning the Department of Defense; and
(B) the Secretary of the department in which the
Coast Guard is operating, with respect to matters
concerning the Coast Guard when it is not operating as
a service in the Department of the Navy.
(5) The term ``transferring military-connected child''
means the child of a parent who--
(A) is serving on active duty in the Armed Forces;
(B) is changing duty locations due to a permanent
change of station order; and
(C) has not yet established an ongoing physical
presence in the State to which the parent is
transferring.
SEC. 579A. FEASIBILITY OF INCLUSION OF AU PAIRS IN PILOT PROGRAM TO
PROVIDE FINANCIAL ASSISTANCE TO MEMBERS OF THE ARMED
FORCES FOR IN-HOME CHILD CARE.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense, in coordination with the Secretary of
State, shall submit, to the Committees on Armed Services of the Senate
and House of Representatives, a briefing containing the assessment of
the Secretary of Defense of the feasibility, advisability, and
considerations of expanding eligibility for the pilot program under
section 589 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C.
1791 note) to members of the Armed Forces who participate in an
exchange visitor program under section 62.31 of title 22, Code of
Federal Regulations, or successor regulation.
SEC. 579B. BRIEFING ON POLICIES REGARDING SINGLE PARENTS SERVING AS
MEMBERS OF THE ARMED FORCES.
Not later than September 30, 2023, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a briefing on regulations and rules of the Department
of Defense regarding single parents serving as members of the Armed
Forces. Such briefing shall include ways the Secretary has determined
to improve such regulations and rules.
SEC. 579C. PUBLIC REPORTING ON CERTAIN MILITARY CHILD CARE PROGRAMS.
Not later than September 30, 2023, and each calendar quarter
thereafter, the Secretary of Defense shall post, on a publicly
accessible website of the Department of Defense, information regarding
the Military Child Care in Your Neighborhood and Military Child Care in
Your Neighborhood-Plus programs, disaggregated by State, ZIP code, and
Armed Force. Such information shall include whether each such provider
is nationally accredited or rated by the Quality Rating and Improvement
System of the State.
SEC. 579D. BRIEFING ON VERIFICATION OF ELIGIBLE FEDERALLY CONNECTED
CHILDREN FOR PURPOSES OF FEDERAL IMPACT AID PROGRAMS.
Not later than February 1, 2023, the Secretary of Defense, in
consultation with the Secretaries of the military departments, shall
brief the Committees on Armed Services of the Senate and House of
Representatives on the following:
(1) The feasibility of developing a process whereby the
commander of a military installation may certify the
information contained in impact aid source check forms received
by such commander from local educational agencies as of the
date of such certification.
(2) An estimate of resources, per military installation
concerned, necessary to implement such a process, including
personnel, information technology, and other costs.
(3) The estimated time required to implement such a
process, including time for the Secretary of Defense to develop
guidance regarding such a process.
(4) The possible benefits of working with local educational
agencies to ensure that impact aid source check forms are
submitted appropriately to enable such certification.
SEC. 579E. SENSE OF CONGRESS ON RIGHTS OF PARENTS OF CHILDREN ATTENDING
SCHOOLS OPERATED BY THE DEPARTMENT OF DEFENSE EDUCATION
ACTIVITY.
(a) Sense of Congress.--It is the sense of Congress that the parent
of a child who attends a school operated by the Department of Defense
Education Activity has parental rights as previously established by the
Activity, including the following:
(1) The right to information about the curriculum and
instructional materials of the school.
(2) The right to be informed if the school or Department of
Defense Education Activity alters the school's academic
standards or learning benchmarks.
(3) The right to meet with each teacher of their child not
less than twice during each school year, including meetings in
the form of parent-teacher conferences.
(4) The right to information about the budget of the
school.
(5) The right to request information regarding the
professional qualifications of their child's classroom teacher.
(6) The right to address the school advisory committee or
the school board.
(7) The right to information about the school's discipline
policy, including policies related to responding to any violent
activity in the school.
(8) The right to information about any plans to eliminate
gifted and talented programs or accelerated coursework at the
school.
(9) The right to be informed of the results of
environmental testing and safety at school facilities.
(b) Report.--Not later than six months after the date of the
enactment of this Act and consistent with the parental rights specified
in subsection (a), the Director of the Department of Defense Education
Activity shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the parental rights
specified in such subsection. The report shall include, with respect to
the schools operated by the Department of Defense Education Activity,
an explanation of--
(1) how and where a parent may access information about
their rights;
(2) the accessibility of that information;
(3) how such schools inform parents of their rights and the
means to access such rights; and
(4) the uniformity of parental rights across such schools.
(c) Definition.--In this section, the term ``school operated by the
Department of Defense Education Activity'' means--
(1) a Department of Defense domestic dependent elementary
or secondary school, as described in section 2164 of title 10,
United States Code; or
(2) any other elementary or secondary school or program for
dependents operated by the Department of Defense Education
Activity.
Subtitle I--Decorations, Awards, and Other Honors
SEC. 581. CLARIFICATION OF PROCEDURE FOR BOARDS FOR THE CORRECTION OF
MILITARY RECORDS TO REVIEW DETERMINATIONS REGARDING
CERTAIN DECORATIONS.
Section 1552 of title 10, United States Code, is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting, after subsection (i), the following new
subsection:
``(j) For a recommendation to award or upgrade a military
decoration or award submitted pursuant to section 1130 of this title, a
board determination in favor of the claimant shall allow such a
recommendation to proceed, and an award or upgrade to be made by the
applicable award authority, without regard to the statutory time
limitation contained in section 7274, section 8298, or section 9274 of
this title, as the case may be.''.
SEC. 582. AUTHORIZATIONS FOR CERTAIN AWARDS.
(a) Authorization for Award of the Medal of Honor to Fred McGee for
Acts of Valor on June 16, 1952.--
(1) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
President may award the Medal of Honor under section 7272 of
such title to Fred McGee for the acts of valor described in the
paragraph (2).
(2) Acts of valor described.--The acts of valor described
in this paragraph are the actions of Fred McGee as a corporal
in the Army on June 16, 1952, for which he was previously
awarded the Silver Star.
(b) Authorization for Award of the Medal of Honor to David R.
Halbruner for Acts of Valor on September 11-12, 2012.--
(1) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
President may award the Medal of Honor under section 7272 of
such title to David R. Halbruner for the acts of valor
described in the paragraph (2).
(2) Acts of valor described.--The acts of valor described
in this paragraph are the actions of David R. Halbruner as a
master sergeant in the Army on September 11-12, 2012, for which
he was previously awarded the Distinguished-Service Cross.
SEC. 583. POSTHUMOUS APPOINTMENT OF ULYSSES S. GRANT TO GRADE OF
GENERAL OF THE ARMIES OF THE UNITED STATES.
The President is authorized to appoint Ulysses S. Grant
posthumously to the grade of General of the Armies of the United
States, equal to the rank and precedence held by General John J.
Pershing pursuant to the Act titled ``An Act Relating to the creation
of the office of General of the Armies of the United States'', approved
September 3, 1919 (41 Stat. 283, ch. 56).
SEC. 584. ENHANCED INFORMATION RELATED TO AWARDING OF THE PURPLE HEART.
(a) Publication of Award Criteria.--Not later than 180 days after
the date of the enactment of this Act, each Chief of an Armed Force
shall publish on a publicly available website of such Armed Force
includes a link to--
(1) a description of the background of the Purple Heart;
(2) the eligibility criteria for awarding the Purple Heart;
and
(3) contact information for the awards and decorations
liaison of such Armed Force to facilitate confirmation, by a
veteran or a veteran's next of kin, whether a veteran was
awarded the Purple Heart after December 31, 2002.
(b) Report.--Not later than one year after the date of the
enactment of this Act, each Chief of an Armed Force shall submit to the
congressional defense committees a report on implementation of the
requirements under subsection (a). The report shall--
(1) provide background on the website described in such
subsection;
(2) include the number of requests received by the Armed
Force related to confirming the award of a Purple Heart;
(3) describe the average response time for confirming the
award of a Purple Heart in response to an inquiry from a
veteran or next of kin; and
(4) include recommendations for decreasing the amount of
time taken to respond to such inquiries.
Subtitle J--Miscellaneous Reports and Other Matters
SEC. 591. REPORT ON NON-CITIZEN MEMBERS OF THE ARMED FORCES.
Section 115a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(h) Not later than April 1 each year, the Secretary shall submit
to Congress a report that sets forth the following with respect to
personnel:
``(1) The number of members of the Armed Forces who are not
citizens of the United States during the year covered by such
report.
``(2) The immigration status of such members.
``(3) The number of such members naturalized.''.
SEC. 592. NOTIFICATION ON MANNING OF AFLOAT NAVAL FORCES:
MODIFICATIONS; CODIFICATION.
(a) Repeals.--
(1) Sunset.--Subsection (e) of section 597 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 10 U.S.C. 8013 note) is repealed.
(2) Obsolete provision.--Subsection (f) of such section is
repealed.
(b) Definitions: Addition; Clerical Improvements.--Subsection (d)
of such section--
(1) is amended--
(A) by redesignating paragraphs (1), (2), and (3)
as paragraphs (3), (2), and (1), respectively;
(B) by striking the heading of each such paragraph;
and
(C) by adding at the end the following new
paragraph:
``(4) The term `surface combatant vessel' means any
littoral combat ship (including the LCS-1 and LCS-2 classes),
frigate (including the FFG-62 class), destroyer (excluding the
DDG-1000 class), or cruiser (including the CG-47 class).''; and
(2) is redesignated as subsection (e).
(c) Establishment of Certain Crewing Requirement.--Such section is
amended by inserting, after subsection (c), the following new
subsection (d):
``(d) Crewing of a Surface Combatant Vessel: Prohibition;
Exception.--(1) Beginning on October 1, 2025, the Secretary of the Navy
may not assign more than one crew to a covered ship that is a surface
combatant vessel if any surface combatant vessel was included in a
notification under subsection (a) during the 12 months preceding such
assignment.
``(2) The prohibition under paragraph (1) shall not apply to a
littoral combat ship configured to conduct mine countermeasures if the
Secretary of the Navy submits to the congressional defense committees a
certification and detailed explanation that such ship is unable to meet
operational requirements regarding mine countermeasures, determined by
the commander of a combatant command concerned, with only one crew.''.
(d) Codification.--
(1) In general.--Such section, as amended by this section,
is transferred to chapter 825 of title 10, United States Code,
inserted after section 8226, and redesignated as section 8227.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding, after the item
relating to section 8226, the following new item:
``8227. Notifications on manning of afloat naval forces.''.
SEC. 593. CLARIFICATION OF AUTHORITY OF NCMAF TO UPDATE CHAPLAINS HILL
AT ARLINGTON NATIONAL CEMETERY.
Section 584(a) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 38 U.S.C. 2409 note) is amended by adding
at the end the following new paragraph:
``(4) Authority of secretary of the army.--The Secretary of
the Army may permit NCMAF to carry out any action authorized by
this subsection without regard to the time limitation under
section 2409(b)(2)(C) of title 38, United States Code.''.
SEC. 594. DISINTERMENT OF REMAINS OF ANDREW CHABROL FROM ARLINGTON
NATIONAL CEMETERY.
(a) Disinterment.--Not later than September 30, 2023, the Secretary
of the Army shall disinter the remains of Andrew Chabrol from Arlington
National Cemetery.
(b) Notification.--The Secretary of the Army may not carry out
subsection (a) until after notifying the next of kin of Andrew Chabrol.
(c) Disposition.--After carrying out subsection (a), the Secretary
of the Army shall--
(1) relinquish the remains to the next of kin described in
subsection (b); or
(2) if no such next of kin responds to notification under
subsection (b), arrange for disposition of the remains as the
Secretary of the Army determines appropriate.
SEC. 595. PILOT PROGRAM ON SAFE STORAGE OF PERSONALLY OWNED FIREARMS.
(a) Establishment.--The Secretary of Defense shall establish a
pilot program to promote the safe storage of personally owned firearms.
(b) Elements.--Under the pilot program under subsection (a), the
Secretary of Defense shall furnish to members of the Armed Forces who
are participating in the pilot program at military installations
selected under subsection (e) locking devices or firearm safes, or
both, for the purpose of securing personally owned firearms when not in
use (including by directly providing, subsidizing, or otherwise making
available such devices or safes).
(c) Participation.--
(1) Voluntary participation.--Participation by members of
the Armed Forces in the pilot program under subsection (a)
shall be on a voluntary basis.
(2) Location of participants.--A member of the Armed Forces
may participate in the pilot program under subsection (a)
carried out at a military installation selected under
subsection (e) regardless of whether the member resides at the
military installation.
(d) Plan.--Not later than one year after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a plan
for the implementation of the pilot program under subsection (a).
(e) Selection of Installations.--Not later than two years after the
date of the enactment of this Act, the Secretary of Defense shall
select not fewer than five military installations at which to carry out
the pilot program under subsection (a).
(f) Effect on Existing Policies.--Nothing in this section shall be
construed to circumvent or undermine any existing safe storage
policies, laws, or regulations on military installations.
(g) Report.--Upon the termination under subsection (h) of the pilot
program under subsection (a), the Secretary of Defense shall submit to
the congressional defense committees a report containing the following
information:
(1) The number and type of locking devices and firearm
safes furnished to members of the Armed Forces under the pilot
program.
(2) The cost of carrying out the pilot program.
(3) An analysis of the effect of the pilot program on
suicide prevention.
(4) Such other information as the Secretary may determine
appropriate, which shall exclude any personally identifiable
information about participants in the pilot program.
(h) Termination.--The pilot program under subsection (a) shall
terminate on the date that is six years after the date of the enactment
of this Act.
SEC. 596. PILOT PROGRAM ON CAR SHARING ON REMOTE OR ISOLATED MILITARY
INSTALLATIONS.
(a) Determination.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall determine whether
it is feasible and advisable to carry out a pilot program to allow car
sharing on more than two remote or isolated military installations.
(b) Authority.--If the Secretary determines that such a pilot
program is feasible and advisable, the Secretary shall submit to the
congressional defense committees a plan to carry out the pilot program
not later than 90 days after such determination.
(c) Program Elements.--To carry out a pilot program under this
section, the Secretary shall take steps including the following:
(1) Seek to enter into an agreement with an entity that--
(A) provides car sharing services; and
(B) is capable of serving the selected military
installations.
(2) Provide to members assigned to such military
installations the resources the Secretary determines necessary
to participate in such pilot program.
(3) Promote such pilot program to such members as the
Secretary determines.
(d) Duration.--A pilot program under this section shall terminate
two years after the Secretary commences such pilot program.
(e) Report.--Upon the termination of a pilot program under this
section, the Secretary of Defense shall submit to the congressional
defense committees a report containing the following information:
(1) The number of individuals who used car sharing services
offered pursuant to the pilot program.
(2) The cost to the United States of the pilot program.
(3) An analysis of the effect of the pilot program on
mental health and community connectedness of members described
in subsection (b)(2).
(4) Other information the Secretary determines appropriate.
(f) Military Installation Defined.--In this section, the term
``military installation'' has the meaning given such term in section
2801 of title 10, United States Code.
SEC. 597. BRIEFING ON THE EFFECTS OF ECONOMIC INFLATION ON MEMBERS OF
THE ARMED FORCES.
The Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a briefing on the
extent to which economic inflation has affected members of the Armed
Forces.
SEC. 598. STUDY ON IMPROVEMENT OF ACCESS TO VOTING FOR MEMBERS OF THE
ARMED FORCES OVERSEAS.
(a) Study Required.--The Director of the Federal Voting Assistance
Program of the Department of Defense shall conduct a study on means of
improving access to voting for members of the Armed Forces overseas.
(b) Report.--Not later than September 30, 2024, the Director shall
submit to Congress a report on the results of the study conducted under
subsection (a). The report shall include the following:
(1) The results of a survey, undertaken for purposes of the
study, of Voting Assistance Officers and members of the Armed
Forces overseas on means of improving access to voting for such
members, including through the establishment of unit-level
assistance mechanisms or permanent voting assistance offices.
(2) An estimate of the costs and requirements in connection
with an expansion of the number of Voting Assistance Officers
in order to fully meet the needs of members of the Armed Forces
overseas for access to voting.
(3) A description and assessment of various actions to be
undertaken under the Federal Voting Assistance Program in order
to increase the capabilities of the Voting Assistance Officer
program.
SEC. 599. REPORT ON INCIDENCE OF MILITARY SUICIDES BY MILITARY JOB
CODE.
(a) Report.--Not later than December 31, 2023, the Secretary of
Defense, in coordination with the Secretary of Homeland Security with
regards to the Coast Guard, shall conduct a review and submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the rates of suicides in the Armed Forces, beginning after
September 11, 2001, disaggregated by--
(1) year;
(2) military job code (Army military occupational
specialty, Navy enlisted classification or billet, Marine Corps
military occupational specialty, Air Force specialty code, or
Coast Guard rating); and
(3) whether the member was serving on active duty, in the
National Guard, or as a Reserve.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A compilation of suicide data by military job code to
determine which military career fields have a higher per capita
suicide rate compared to--
(A) other military career fields for the same
period;
(B) the overall suicide rate for each Armed Force
for the same period;
(C) the overall suicide rate for the Department of
Defense for the same period; and
(D) the national suicide rate for the same period.
(2) A disaggregation of suicide data by age categories
consistent with the age categories used in the Department of
Defense Annual Suicide Report.
(c) Interim Briefing.--Not later than June 1, 2023, the Secretary
of Defense shall provide to the Committees on Armed Services of the
Senate and House of Representatives a briefing on the preliminary
findings of the review conducted under this section.
SEC. 599A. REPORT ON EFFORTS TO PREVENT AND RESPOND TO DEATHS BY
SUICIDE IN THE NAVY.
(a) Review Required.--The Inspector General of the Department of
Defense shall conduct a review of the efforts by the Secretary of the
Navy to--
(1) prevent incidents of deaths by suicide, suicide
attempts, and suicidal ideation among covered members; and
(2) respond to such incidents.
(b) Elements of Review.--The study conducted under subsection (a)
shall include an assessment of each of the following:
(1) The extent of data collected regarding incidents of
deaths by suicide, suicide attempts, and suicidal ideation
among covered members, including data regarding whether such
covered members are assigned to sea duty or shore duty at the
time of such incidents.
(2) The means used by commanders to prevent and respond to
incidents of deaths by suicide, suicide attempts, and suicidal
ideation among covered members.
(3) Challenges related to--
(A) the prevention of incidents of deaths by
suicide, suicide attempts, and suicidal ideation among
members of the Navy assigned to sea duty; and
(B) the development of a response to such
incidents.
(4) The capacity of teams providing mental health services
to covered members to respond to incidents of suicidal ideation
or suicide attempts among covered members in the respective
unit each such team serves.
(5) The means used by such teams to respond to such
incidents, including the extent to which post-incident programs
are available to covered members.
(6) Such other matters as the Inspector General considers
appropriate in connection with the prevention of deaths by
suicide, suicide attempts, and suicidal ideation among covered
members.
(c) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Department of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report that includes a summary of the
results of the review conducted under subsection (a).
(d) Covered Member Defined.--In this section the term ``covered
member'' means a member of the Navy assigned to sea duty or shore duty.
SEC. 599B. REPORT ON OFFICER PERSONNEL MANAGEMENT AND THE DEVELOPMENT
OF THE PROFESSIONAL MILITARY ETHIC OF THE SPACE FORCE.
(a) Report Required.--Not later than June 1, 2023, the Secretary of
the Air Force shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on officer personnel
management and the development of the professional military ethic of
the Space Force.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A description of issues related to officer development
in the Space Force, including--
(A) the professional military education model for
professional education of, and continual learning for,
officers of the Space Force;
(B) the career development model for officers of
the Space Force, including key knowledge, skills, and
attributes expected of Space Force officers at each of
the company grade, field grade, and general officer
levels;
(C) desired career trajectories for Space Force
officers, including key assignments throughout
identified Space Force career tracks and how the
flexibility of the Space Force Component proposal will
be used to achieve these desired career paths;
(D) how proposed constructive credit for civilian
education and non-military experience in related space
industry or government sectors will align with the
proposed PME and career development models; and
(E) how the Space Force Component proposal will
enable officers to achieve joint qualifications
required for promotion to general officer.
(2) A description of issues related to officer accessions
of the Space Force, including--
(A) the expected sources of commissioning for
officers of the Space Force, including the desired
proportions of officer assessments from the Reserve
Officer Training Corps, military service academies,
Officer Training School, and direct commissions at each
grade above O-1;
(B) the role of proposed constructive credit for
civilian education and non-military experience in
accessing officers at each grade above O-1 and the
extent to which the Space Force plans to grant
constructive credit in determining an officer's entry
grade at each grade above O-1; and
(C) the role of targeted recruiting, as described
in the Guardian Ideal, for officer accessions,
including how it will work, how frequently it will be
used, for what positions, and how it will fit into
overall officer accessions.
(3) A description of issues related to the professional
military ethic of the Space Force, including--
(A) how the proposed talent management system,
career development model, PME model, and proposed Space
Force Component structure will affect the development
of a unique military culture of the Space Force as an
Armed Force with space as a warfighting domain;
(B) the role of the professional military ethic in
the Space Force, including expectations of commissioned
officers as public servants and military leaders;
(C) the expected role of civilian employees of the
Space Force in the development and stewardship of the
Space Force as an Armed Force, and how such employees
are distinct from members of the Space Force;
(D) the ethical implications of creating a force
that is designed to ``partner effectively with other
space-interested entities,'' as described in the
Guardian Ideal, and how the Space Force intends to
address any ethical conflicts arising from its desired
close partnership with non-military and non-
governmental entities in private industry; and
(E) the specific barriers between officers,
enlisted members, and civilian employees that are
described as ``unnecessary'' in the Guardian Ideal, how
and why such barriers are unnecessary for the Space
Force, and any statutory or policy changes the Space
Force proposes to remove such barriers, including any
proposed changes to the Uniform Code of Military
Justice.
(4) Any other issues related to personnel management and
professional development of officers of the Space Force that
the Secretary of the Air Force determines appropriate.
(c) Definitions.--In this section:
(1) The term ``Guardian Ideal'' means the document with
that title, dated September 17, 2021, and issued by the Chief
of Space Operations.
(2) The term ``PME'' means professional military education.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Bonus and Incentive Pays
Sec. 601. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 602. Increase to maximum amounts of certain bonus and special pay
authorities.
Sec. 603. Cold weather duty: authorization of assignment or special
duty pay; travel allowance for members of
the Armed Forces assigned to Alaska.
Sec. 604. Air Force rated officer retention demonstration program.
Subtitle B--Allowances Other Than Travel and Transportation Allowances
Sec. 611. Increases in maximum allowable income for purposes of
eligibility for basic needs allowance.
Sec. 612. Extension of authority to temporarily adjust basic allowance
for housing in certain areas.
Sec. 613. Temporary continuation of rate of basic allowance for housing
for members of the Armed Forces whose sole
dependent dies while residing with the
member.
Sec. 614. Basic allowance for housing for members without dependents
when home port change would financially
disadvantage member.
Sec. 615. Revival and redesignation of provision establishing benefits
for certain members assigned to the Defense
Intelligence Agency.
Sec. 616. Extension of one-time uniform allowance for officers who
transfer to the Space Force.
Sec. 617. OCONUS cost of living allowance: adjustments; notice to
certain congressional committees.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Allowable travel and transportation allowances: complex
overhaul.
Sec. 622. Expansion of authority to reimburse a member of the uniformed
services for spousal business costs arising
from a permanent change of station.
Sec. 623. Extension of authority to reimburse members for spouse
relicensing costs pursuant to a permanent
change of station.
Sec. 624. Reimbursement of a member of the uniformed services for costs
to relocate a pet that arise from a
permanent change of station.
Sec. 625. Travel and transportation allowances for certain members of
the Armed Forces who attend a professional
military education institution or training
classes.
Sec. 626. Conforming amendments to update references to travel and
transportation authorities.
Sec. 627. Pilot program to reimburse members of the Armed Forces for
certain child care costs incident to a
permanent change of station or assignment.
Subtitle D--Leave
Sec. 631. Technical amendments to leave entitlement and accumulation.
Sec. 632. Modification of authority to allow members of the Armed
Forces to accumulate leave in excess of 60
days.
Sec. 633. Convalescent leave for a member of the Armed Forces.
Subtitle E--Family and Survivor Benefits
Sec. 641. Claims relating to the return of personal effects of a
deceased member of the Armed Forces.
Sec. 642. Extension of parent fee discount to child care employees.
Sec. 643. Survivor Benefit Plan open season.
Sec. 644. Military installations with limited child care: briefing.
Sec. 645. Food insecurity among military families: data collection;
training; report.
Subtitle F--Defense Resale Matters
Sec. 651. Prohibition of the sale of certain goods from the Xinjiang
Uyghur Autonomous Region in commissaries
and exchanges.
Subtitle G--Miscellaneous Studies, Briefings and Reports
Sec. 661. Study on basic pay.
Sec. 662. Report on accuracy of basic allowance for housing.
Sec. 663. Review of dislocation and relocation allowances.
Sec. 664. Complex overhaul pay: briefing.
Sec. 665. Studies on compensation for DOD child care providers.
Sec. 666. Barriers to home ownership for members of the Armed Forces:
study; report.
Subtitle A--Bonus and Incentive Pays
SEC. 601. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL PAY
AUTHORITIES.
(a) Authorities Relating to Reserve Forces.--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, 2022'' and inserting ``December 31, 2023''.
(b) Title 10 Authorities Relating to Health Care Professionals.--
The following sections of title 10, United States Code, are amended by
striking ``December 31, 2022'' and inserting ``December 31, 2023'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the
Selected Reserve.
(c) Authorities Relating to Nuclear Officers.--Section 333(i) of
title 37, United States Code, is amended by striking ``December 31,
2022'' and inserting ``December 31, 2023''.
(d) Authorities Relating to Title 37 Consolidated Special Pay,
Incentive Pay, and Bonus Authorities.--The following sections of title
37, United States Code, are amended by striking ``December 31, 2022''
and inserting ``December 31, 2023'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for
cadets and midshipmen enrolled in the Senior Reserve Officers'
Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
(e) Authority to Provide Temporary Increase in Rates of Basic
Allowance for Housing.--Section 403(b) of title 37, United States Code,
is amended--
(1) in paragraph (7)(E), by striking ``December 31, 2022''
and inserting ``December 31, 2023''; and
(2) in paragraph (8)(C), by striking ``September 30, 2022''
and inserting ``December 31, 2023''.
SEC. 602. INCREASE TO MAXIMUM AMOUNTS OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES.
(a) General Bonus Authority for Enlisted Members.--Section
331(c)(1) of title 37, United States Code, is amended--
(1) in subparagraph (A), by striking ``$50,000'' and
inserting ``$75,000''; and
(2) in subparagraph (B), by striking ``$30,000'' and
inserting ``$50,000''.
(b) Special Bonus and Incentive Pay Authorities for Nuclear
Officers.--Section 333(d)(1)(A) of title 37, United States Code, is
amended by striking ``$50,000'' and inserting ``$75,000''.
(c) Special Aviation Incentive Pay and Bonus Authorities for
Officers.--Section 334(c)(1) of title 37, United States Code, is
amended--
(1) in subparagraph (A), by striking ``$1,000'' and
inserting ``$1,500''; and
(2) in subparagraph (B), by striking ``$35,000'' and
inserting ``$50,000''.
(d) Skill Incentive Pay or Proficiency Bonus.--Section 353(c)(1)(A)
of title 37, United States Code, is amended by striking ``$1,000'' and
inserting ``$1,750''.
SEC. 603. COLD WEATHER DUTY: AUTHORIZATION OF ASSIGNMENT OR SPECIAL
DUTY PAY; TRAVEL ALLOWANCE FOR MEMBERS OF THE ARMED
FORCES ASSIGNED TO ALASKA.
(a) Pay.--Section 352(a)(2) of title 37, United States Code, is
amended by inserting ``(including a cold weather location)'' after
``location''.
(b) Travel Allowance.--
(1) Establishment.--During the period specified in
paragraph (5), the Secretary of a military department shall
reimburse an eligible member of the armed forces for the cost
of airfare for that member to travel to the home of record of
the member.
(2) Eligible members.--A member of the armed forces is
eligible for a reimbursement under paragraph (1) if--
(A) the member is assigned to a duty location in
Alaska; and
(B) an officer in a grade above O-5 in the chain of
command of the member authorizes the travel of the
member.
(3) Treatment of time as leave.--The time during which an
eligible member is absent from duty for travel reimbursable
under paragraph (1) shall be treated as leave for purposes of
section 704 of title 10, United States Code.
(4) Briefing required.--Not later than February 1, 2024,
the Secretary shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing on--
(A) the use and effectiveness of reimbursements
under paragraph (1);
(B) the calculation and use of the cost of living
allowance for a member assigned to a duty location in
Alaska; and
(C) the use of special pays and other allowances as
incentives for cold weather proficiency or duty
location.
(5) Period specified.--The period specified in this
paragraph is the period--
(A) beginning on the date of the enactment of this
Act; and
(B) ending on December 31, 2023.
SEC. 604. AIR FORCE RATED OFFICER RETENTION DEMONSTRATION PROGRAM.
(a) Program Requirement.--The Secretary shall establish and carry
out within the Department of the Air Force a demonstration program to
assess and improve retention on active duty in the Air Force of rated
officers described in subsection (b).
(b) Rated Officers Described.--Rated officers described in this
subsection are rated officers serving on active duty in the Air Force,
excluding rated officers with a reserve appointment in the Air National
Guard or Air Force Reserve--
(1) whose continued service on active duty would be in the
best interest of the Department of the Air Force, as determined
by the Secretary; and
(2) who have not more than three years and not less than
one year remaining on an active duty service obligation under
section 653 of title 10, United States Code.
(c) Written Agreement.--
(1) In general.--Under the demonstration program required
under subsection (a), the Secretary shall offer retention
incentives under subsection (d) to a rated officer described in
subsection (b) who executes a written agreement to remain on
active duty in a regular component of the Air Force for not
less than four years after the completion of the active duty
service obligation of the officer under section 653 of title
10, United States Code.
(2) Exception.--If the Secretary of the Air Force
determines that an assignment previously guaranteed under
subsection (d)(1) to a rated officer described in subsection
(b) cannot be fulfilled, the agreement of the officer under
paragraph (1) to remain on active duty shall expire not later
than one year after that determination.
(d) Retention Incentives.--
(1) Guarantee of future assignment location.--Under the
demonstration program required under subsection (a), the
Secretary may offer to a rated officer described in subsection
(b) a guarantee of future assignment locations based on the
preference of the officer.
(2) Aviation bonus.--Under the demonstration program
required under subsection (a), notwithstanding section 334(c)
of title 37, United States Code, the Secretary may pay to a
rated officer described in subsection (b) an aviation bonus not
to exceed an average annual amount of $50,000 (subject to
paragraph (3)(B)).
(3) Combination of incentives.--The Secretary may offer to
a rated officer described in subsection (b) a combination of
incentives under paragraphs (1) and (2).
(e) Annual Briefing.--Not later than December 31, 2023, and
annually thereafter until the termination of the demonstration program
required under subsection (a), the Secretary shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing describing the use of such demonstration
program and its effects on the retention on active duty in the Air
Force of rated officers described in subsection (b).
(f) Definitions.--In this section:
(1) Rated officer.--The term ``rated officer'' means an
officer specified in section 9253 of title 10, United States
Code.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Air Force.
(g) Termination.--This section shall terminate on December 31,
2028.
Subtitle B--Allowances Other Than Travel and Transportation Allowances
SEC. 611. INCREASES IN MAXIMUM ALLOWABLE INCOME FOR PURPOSES OF
ELIGIBILITY FOR BASIC NEEDS ALLOWANCE.
(a) In General.--Section 402b(b) of title 37, United States Code,
is amended--
(1) by striking ``130 percent'' both places it appears and
inserting ``150 percent''; and
(2) in paragraph (2)--
(A) by inserting ``(A)'' before ``the gross'';
(B) by striking ``; and'' and inserting ``; or'';
and
(C) by inserting at the end the following:
``(B) if the Secretary concerned determines it appropriate
(based on location, household need, or special circumstance),
the gross household income of the member during the most recent
calendar year did not exceed an amount equal to 200 percent of
the Federal poverty guidelines of the Department of Health and
Human Services for the location of the member and the number of
individuals in the household of the member for such year;
and''.
(b) Implementation.--Not later than January 1, 2024, the Secretary
concerned (as defined in section 101 of title 37, United States Code)
shall modify the calculation of the basic needs allowance under section
402b of title 37, United States Code, to implement the amendments made
by subsection (a).
SEC. 612. EXTENSION OF AUTHORITY TO TEMPORARILY ADJUST BASIC ALLOWANCE
FOR HOUSING IN CERTAIN AREAS.
Section 403(b)(8)(C) of title 37, United States Code, is amended by
striking ``2022'' and inserting ``2024''.
SEC. 613. TEMPORARY CONTINUATION OF RATE OF BASIC ALLOWANCE FOR HOUSING
FOR MEMBERS OF THE ARMED FORCES WHOSE SOLE DEPENDENT DIES
WHILE RESIDING WITH THE MEMBER.
(a) Authority.--Section 403 of title 37, United States Code, as
amended by section 612, is further amended--
(1) by redesignating subsections (m) through (p) as
subsections (n) through (q); and
(2) by inserting after subsection (l) the following new
subsection (m):
``(m) Temporary Continuation of Rate of Basic Allowance for Members
of the Armed Forces Whose Sole Dependent Dies While Residing With the
Member.--(1) Notwithstanding subsection (a)(2) or any other section of
law, the Secretary of Defense or the Secretary of the Department in
which the Coast Guard is operating, may, after the death of the sole
dependent of a member of the armed forces, continue to pay a basic
allowance for housing to such member at the rate paid to such member on
the date of such death if--
``(A) such sole dependent dies--
``(i) while the member is on active duty; and
``(ii) while residing with the member, unless
separated by the necessity of military service or to
receive institutional care as a result of disability or
incapacitation or under such other circumstances as the
Secretary concerned may by regulation prescribe; and
``(B) the member is not occupying a housing facility under
the jurisdiction of the Secretary concerned on the date of the
death of the sole dependent.
``(2) The continuation of the rate of an allowance under this
subsection shall terminate upon the earlier of the following to occur:
``(A) The day that is one year after the date of the death
of the sole dependent.
``(B) The permanent change of station, or permanent change
of assignment with movement of personal property and household
goods under section 453(c) of this title, of the member.''.
(b) Conforming Amendment.--Section 2881a(c) of title 10, United
States Code, is amended by striking ``section 403(n)'' and inserting
``section 403(o)''.
SEC. 614. BASIC ALLOWANCE FOR HOUSING FOR MEMBERS WITHOUT DEPENDENTS
WHEN HOME PORT CHANGE WOULD FINANCIALLY DISADVANTAGE
MEMBER.
Subsection (p) of section 403 of title 37, United States Code, as
redesignated by section 612, is further amended in subsection (p)--
(1) in the subsection heading, by striking ``Low-cost and
No-cost'' and inserting ``Certain'';
(2) by inserting ``(1)'' before ``In the case of a member
who is assigned''; and
(3) by adding at the end the following new paragraph:
``(2)(A) In the case of a member without dependents who is assigned
to a unit that undergoes a change of home port or a change of permanent
duty station, if the Secretary concerned determines that it would be
inequitable to base the member's entitlement to, and amount of, a basic
allowance for housing on the new home port or permanent duty station,
the Secretary concerned may--
``(i) waive the requirement to base the member's
entitlement to, and amount of, a basic allowance for housing on
the new home port or permanent duty station member; and
``(ii) treat that member for the purposes of this section
as if the unit to which the member is assigned did not undergo
such a change.
``(B) The Secretary concerned may grant a waiver under subparagraph
(A) to not more than 100 members in a calendar year.
``(C) Not later than March 1 of each calendar year, the Secretary
concerned shall provide a briefing to the Committees on Armed Services
of the Senate and the House of Representatives on the use of the
authority provided by subparagraph (A) during the preceding calendar
year that includes--
``(i) the number of members granted a waiver under
subparagraph (A) during that year; and
``(ii) for each such waiver, an identification of--
``(I) the grade of the member;
``(II) the home port or permanent duty station of
the unit to which the member is assigned before the
change described in subparagraph (A); and
``(III) the new home port or permanent duty station
of that unit.
``(D) This paragraph shall cease to be effective on December 31,
2027.''.
SEC. 615. REVIVAL AND REDESIGNATION OF PROVISION ESTABLISHING BENEFITS
FOR CERTAIN MEMBERS ASSIGNED TO THE DEFENSE INTELLIGENCE
AGENCY.
(a) Revivial.--Section 491 of title 37, United States Code--
(1) is revived to read as it did immediately before its
repeal under section 604 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81); and
(2) is redesignated as section 431 of such title.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is amended by inserting, after the item
relating to section 427, the following new item:
``431. Benefits for certain members assigned to the Defense
Intelligence Agency.''.
SEC. 616. EXTENSION OF ONE-TIME UNIFORM ALLOWANCE FOR OFFICERS WHO
TRANSFER TO THE SPACE FORCE.
Subsection (d)(1) of section 606 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 134 Stat. 3672; 37 U.S.C. 416 note) is amended by striking
``September 30, 2022'' and inserting ``September 30, 2023''.
SEC. 617. OCONUS COST OF LIVING ALLOWANCE: ADJUSTMENTS; NOTICE TO
CERTAIN CONGRESSIONAL COMMITTEES.
(a) Adjustments.--
(1) Reductions: limitation.--The Secretary of Defense and
the Secretary of the Department in which the Coast Guard is
operating may reduce the cost-of-living allowance for a member
of the Armed Forces assigned to a duty station located outside
the United States--
(A) not more than once every six months; or
(B) in connection with a permanent change of
station for such member.
(2) Increases.--The Secretary of Defense and the Secretary
of the Department in which the Coast Guard is operating may
increase the allowance described in paragraph (1) for a member
of the Armed Forces at any time.
(b) Notice.--The Secretary of Defense shall notify the Committees
on Armed Services of the Senate and House of Representatives not less
than 180 days before modifying a table used to calculate the living
allowance described in subsection (a).
(c) Briefing.--Not later than March 1, 2023, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a briefing containing--
(1) the determination of the Secretary regarding the
effects of this section on the allowance described in
subsection (a);
(2) an assessment of the representative market basket of
goods and services used to determine such allowance, including
the methodology to identify such market basket and the
frequency with which such allowance is adjusted; and
(3) the methodology and process by which surveys regarding
such allowance are updated, including the average response
rates and the efforts undertaken to ensure a representative
sample of beneficiaries are surveyed.
Subtitle C--Travel and Transportation Allowances
SEC. 621. ALLOWABLE TRAVEL AND TRANSPORTATION ALLOWANCES: COMPLEX
OVERHAUL.
Section 452 of title 37, United States Code, is amended, in
subsection (b)--
(1) by redesignating the second paragraph (18) as paragraph
(21); and
(2) by adding at the end the following new paragraphs:
``(22) Permanent change of assignment to or from a naval
vessel undergoing nuclear refueling or defueling and any
concurrent complex overhaul, even if such assignment is within
the same area as the current assignment of the member.
``(23) Current assignment to a naval vessel entering or
exiting nuclear refueling or defueling and any concurrent
complex overhaul.''.
SEC. 622. EXPANSION OF AUTHORITY TO REIMBURSE A MEMBER OF THE UNIFORMED
SERVICES FOR SPOUSAL BUSINESS COSTS ARISING FROM A
PERMANENT CHANGE OF STATION.
(a) In General.--Section 453 of title 37, United States Code, is
amended, in subsection (g)--
(1) in the heading, by inserting ``or Business Costs''
after ``Relicensing Costs'';
(2) in paragraph (1), by inserting ``or qualified business
costs'' after ``qualified relicensing costs'';
(3) in paragraph (2)--
(A) by inserting ``(A)'' before ``Reimbursement'';
(B) by inserting ``for qualified relicensing
costs'' after ``subsection'';
(C) by striking ``$1000'' and inserting ``$1,000'';
and
(D) by adding at the end the following new
subparagraph:
``(B) Reimbursement provided to a member under this subsection for
qualified business costs may not exceed $1,000 in connection with each
reassignment described in paragraph (1).'';
(4) in paragraph (3), by inserting ``or qualified business
costs'' after ``qualified relicensing costs'';
(5) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by
inserting ``business license, permit,'' after
``courses,'';
(B) in subparagraph (A)--
(i) by inserting ``, or owned a business,''
before ``during'';
(ii) by inserting ``professional'' before
``license''; and
(iii) by inserting ``, or business license
or permit,'' after ``certification''; and
(C) in subparagraph (B)--
(i) by inserting ``professional'' before
``license''; and
(ii) by inserting ``, or business license
or permit,'' after ``certification''; and
(6) by adding at the end the following new paragraph:
``(5) In this subsection, the term `qualified business costs' means
costs, including moving services for equipment, equipment removal, new
equipment purchases, information technology expenses, and inspection
fees, incurred by the spouse of a member if--
``(A) the spouse owned a business during the member's
previous duty assignment and the costs result from a movement
described in paragraph (1)(B) in connection with the member's
change in duty location pursuant to reassignment described in
paragraph (1)(A); and
``(B) the costs were incurred or paid to move such business
to a new location in connection with such reassignment.''.
(b) Briefing.--Not later than one year after the date of the
enactment of this Act, each Secretary of a military department shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a briefing regarding implementation of the amendments
made by subsection (a), including--
(1) the number of times such Secretary used the authority
under such amendments; and
(2) the costs to the Federal Government arising from such
usage.
SEC. 623. EXTENSION OF AUTHORITY TO REIMBURSE MEMBERS FOR SPOUSE
RELICENSING COSTS PURSUANT TO A PERMANENT CHANGE OF
STATION.
Section 453 of title 37, United States Code, as amended by section
622, is further amended, in subsection (g)(3), by striking ``December
31, 2024'' and inserting ``December 31, 2029''.
SEC. 624. REIMBURSEMENT OF A MEMBER OF THE UNIFORMED SERVICES FOR COSTS
TO RELOCATE A PET THAT ARISE FROM A PERMANENT CHANGE OF
STATION.
Section 453 of title 37, United States Code, as amended by sections
622, and 623, is further amended by adding at the end the following new
subsection:
``(h) Reimbursement for Transportation of Pets Arising From Certain
Permanent Changes of Stations.--(1) The Secretary concerned may
reimburse a member for any cost related to the relocation of a pet that
arises from a permanent change of station of such member within the
continental United States. Such reimbursement may not exceed $550 for
each such permanent change of station.
``(2) The Secretary concerned may reimburse a member for any cost
related to the relocation of a pet that arises from a permanent change
of station of such member to or from a duty station located outside the
continental United States. Such reimbursement may not exceed $4,000 for
each such permanent change of station.''.
SEC. 625. TRAVEL AND TRANSPORTATION ALLOWANCES FOR CERTAIN MEMBERS OF
THE ARMED FORCES WHO ATTEND A PROFESSIONAL MILITARY
EDUCATION INSTITUTION OR TRAINING CLASSES.
Section 453 of title 37, United States Code, as amended by sections
622, 623, and 624, is further amended by adding at the end the
following new subsection:
``(i) Attendance at Professional Military Education Institution or
Training Classes.--
``(1) The Secretary of the military department concerned
may authorize temporary duty status, and travel and
transportation allowances payable to a member in such status,
for a member under the jurisdiction of such Secretary who is
reassigned--
``(A) between duty stations located within the
United States;
``(B) for a period of not more than one year;
``(C) for the purpose of participating in
professional military education or training classes,
``(D) with orders to return to the duty station
where the member maintains primary residence and the
dependents of such member reside.
``(2) If the Secretary of the military department concerned
assigns permanent duty status to a member described in
paragraph (1), such member shall be eligible for travel and
transportation allowances including the following:
``(A) Transportation, including mileage at the same
rate paid for a permanent change of station.
``(B) Per diem while traveling between the
permanent duty station and professional military
education institution or training site.
``(C) Per diem paid in the same manner and amount
as temporary lodging expenses.
``(D) Per diem equal to the amount of the basic
allowance for housing under section 403 of this title
paid to a member--
``(i) in the grade of such member;
``(ii) without dependents;
``(iii) who resides in the military housing
area in which the professional military
education institution or training site is
located.
``(E) Movement of household goods in an amount
determined under applicable regulations.''.
SEC. 626. CONFORMING AMENDMENTS TO UPDATE REFERENCES TO TRAVEL AND
TRANSPORTATION AUTHORITIES.
(a) Balanced Budget and Emergency Deficit Control Act of 1985.--
Section 256(g)(2)(B)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 906(g)(2)(B)(ii)) is amended by striking
``sections 403a and 475'' and inserting ``sections 403b and 405''.
(b) Title 5.--Title 5, United States Code, is amended--
(1) in section 4109(a)(2)--
(A) in subparagraph (A), by striking ``sections 474
and 475'' and inserting ``sections 405 and 452''; and
(B) in subparagraph (B), by striking ``sections 476
and 479'' and inserting ``sections 452 and 453(c)'';
(2) in section 5725(c)(2)(B), by striking ``section
476(b)(1)(H)(iii)'' and inserting ``subsections (c) and (d) of
section 453''; and
(3) in section 5760--
(A) in subsection (c), by striking ``section
481h(b)'' and inserting ``section 451(a)''; and
(B) in subsection (d)--
(i) in paragraph (2), by striking ``section
474(d)'' and inserting ``section 464''; and
(ii) in paragraph (3), by striking
``section 481h(d)(1)'' and inserting ``section
452(d)''.
(c) Title 10.--Title 10, United States Code, is amended--
(1) in section 710--
(A) in subsection (f)(4)(A), in the matter
preceding clause (i), by striking ``section 474'' and
inserting ``section 452''; and
(B) in subsection (h)(4), by striking ``section
481f'' and inserting ``section 453(f)'';
(2) in section 1174a(b)(2)(B), by striking ``sections 474
and 476'' and inserting ``sections 452 and 453(c)'';
(3) in section 1175(j), by striking ``sections 474 and
476'' and inserting ``sections 452 and 453(c)'';
(4) in section 1175a(e)(2)(B), by striking ``sections 474
and 476'' and inserting ``sections 452 and 453(c)'';
(5) in section 1491(d)(3), by striking ``section
495(a)(2)'' and inserting ``section 435(a)(2)'';
(6) in section 2013(b)(2)--
(A) in subparagraph (A), by striking ``sections 474
and 475'' and inserting ``sections 405 and 452''; and
(B) in subparagraph (B), by striking ``sections 476
and 479'' and inserting ``sections 452 and 453(c)'';
(7) in section 2493(a)(4)(B)(ii), by striking ``section
481f(d)'' and inserting ``section 453(f)'';
(8) in section 2613(g), by striking ``section 481h(b)'' and
inserting ``section 451(a)''; and
(9) in section 12503--
(A) in subsection (a), in the second sentence, by
striking ``sections 206 and 495'' and inserting
``sections 206 and 435'';
(B) in subsection (b)(2)(A), by striking ``section
495'' and inserting ``section 435''; and
(C) in subsection (c), by striking ``chapter 7''
and inserting ``section 452''.
(d) Title 14.--Section 2764 of title 14, United States Code, is
amended, in the first and third sentences, by striking ``subsection (b)
of section 476'' and inserting ``section 453(c)''.
(e) Title 32.--Section 115 of title 32, United States Code, is
amended--
(1) in subsection (a), in the third sentence, by striking
``sections 206 and 495'' and inserting ``sections 206 and
435'';
(2) in subsection (b)(2)(A), by striking ``section 495''
and inserting ``section 435''; and
(3) in subsection (c), by striking ``chapter 7'' and
inserting ``section 452''.
(f) National Oceanic and Atmospheric Administration Commissioned
Officer Corps Act of 2002.--Section 236(f)(4)(A) of the National
Oceanic and Atmospheric Administration Commissioned Officer Corps Act
of 2002 (33 U.S.C. 3036(f)(4)(A)) is amended, in the matter preceding
clause (i), by striking ``section 474'' and inserting ``section 452''.
(g) Title 36.--Section 2101(b)(2) of title 36, United States Code,
is amended by striking ``section 475'' and inserting ``section 405''.
(h) Title 37.--Title 37, United States Code, is amended--
(1) in section 403--
(A) in subsection (d)(2)(A), by striking ``section
476'' and inserting ``section 452''; and
(B) in subsection (g)--
(i) in paragraph (2), in the second
sentence, by striking ``section 474'' and
inserting ``section 452''; and
(ii) in paragraph (3), by striking
``section 476'' and inserting ``section
453(c)'';
(2) in section 420(b), by striking ``sections 474-481'' and
inserting ``section 452'';
(3) in section 422(a), by striking ``section 480'' and
inserting ``section 452'';
(4) in section 427--
(A) in subsection (a)(1)(A), by striking ``section
476'' and inserting ``section 452''; and
(B) in subsection (c)(1), by striking ``section
476'' and inserting ``section 452'';
(5) in section 433(b), by striking ``section 474(d)(2)(A)''
and inserting ``section 452'';
(6) in section 451(a)(2)(H)--
(A) in clause (i), by striking ``section 481f'' and
inserting ``section 453(f)'';
(B) in clause (ii), by striking ``section 481h''
and inserting ``section 452(b)(12)'';
(C) in clause (iii), by striking ``section 481j''
and inserting ``section 452(b)(13)'';
(D) in clause (iv), by striking ``section 481k''
and inserting ``section 452(b)(14)''; and
(E) in clause (v), by striking ``section 481l'' and
inserting ``section 452(b)(15)'';
(7) in section 1002(b)(1), by striking ``section 474(a)-
(d), and (f),'' and inserting ``section 452'';
(8) in section 1003, by striking ``sections 402-403b, 474-
477, 479-481, and 414'' and inserting ``sections 402 through
403b, 405, 414, 452, and 453''; and
(9) in section 1006(g)--
(A) by striking ``section 477'' and inserting
``section 452(c)(2)''; and
(B) by striking ``section 475a(a)'' and inserting
``section 452(b)(11)''.
(i) Child Nutrition Act of 1966.--Section 17(d)(2)(B)(ii) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(B)(ii)) is amended by
striking ``section 475'' and inserting ``section 405''.
SEC. 627. PILOT PROGRAM TO REIMBURSE MEMBERS OF THE ARMED FORCES FOR
CERTAIN CHILD CARE COSTS INCIDENT TO A PERMANENT CHANGE
OF STATION OR ASSIGNMENT.
(a) Establishment.--The Secretary of Defense shall carry out a
pilot program to reimburse members of the Armed Forces for certain
child care costs incident to a permanent change of station or
assignment.
(b) Travel and Transportation Allowances.--Under the pilot program,
the Secretary of Defense shall treat a designated child care provider
as an authorized traveler if child care is not available to a member of
the Armed Forces at a military child development center at the
permanent duty location of such member not later than 30 days after the
member arrives at such location.
(c) Reimbursement of Certain Child Care Costs.--
(1) Authority.--Under the pilot program, the Secretary of
Defense may reimburse a member of the Armed Forces for travel
expenses for a designated child care provider when--
(A) the member is reassigned, either as a permanent
change of station or permanent change of assignment, to
a new duty station;
(B) the movement of the member's dependents is
authorized at the expense of the United States under
section 451 of title 37, United States Code, as part of
the reassignment;
(C) child care is not available at a military child
development center at such duty station not later than
30 days after the member arrives at such duty station;
and
(D) the dependent child is on the wait list for
child care at such military child development center.
(2) Maximum amounts.--Reimbursement provided to a member
under this subsection may not exceed--
(A) $500 for a reassignment between duty stations
within the continental United States; and
(B) $1,500 for a reassignment involving a duty
station outside of the continental United States.
(3) Deadline.--A member may not apply for reimbursement
under this subsection later than one year after a reassignment
described in paragraph (1).
(4) Concurrent receipt prohibited.--In the event a
household contains more than one member eligible for
reimbursement under this subsection, reimbursement may be paid
to one member among such members as such members shall jointly
elect.
(d) Report.--Not later than January 1, 2027, the Secretary shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report on the pilot program, including the
recommendation of the Secretary whether to make the pilot program
permanent.
(e) Termination.--The pilot program shall terminate on September
30, 2028.
(f) Definitions.--In this section:
(1) The term ``authorized traveler'' has the meaning given
such term in section 451 of title 37, United States Code.
(2) The term ``designated child care provider'' means an
adult selected by a member of the armed forces to provide child
care to a dependent child of such member.
(3) The term ``military child development center'' has the
meaning given such term in section 1800 of title 10, United
States Code.
Subtitle D--Leave
SEC. 631. TECHNICAL AMENDMENTS TO LEAVE ENTITLEMENT AND ACCUMULATION.
(a) Repeal of Obsolete Authority.--Section 701 of title 10, United
States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e) through (m) as
subsections (d) through (l).
(b) Conforming Amendments to Section 701 of Title 10.--Section 701
of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``subsections (d), (f),
and (g)'' and inserting ``subsections (e) and (f)'';
(2) in subsection (f), as redesignated by subsection
(a)(2), in the first sentence, by striking ``subsections (b),
(d), and (f)'' and inserting ``subsections (b) and (e)''; and
(3) in subsection (i), as so redesignated, in the first
sentence, by striking ``subsections (b), (d), and (f)'' and
inserting ``subsections (b) and (e)''.
(c) Conforming Amendments to Other Provisions of Law.--
(1) Title 14.--Section 2508(a) of title 14, United States
Code, is amended by striking ``section 701(f)(2)'' and
inserting ``section 701(e)''.
(2) Title 37.--Title 37, United States Code, is amended--
(A) in section 501--
(i) in subsection (b)(6), by striking ``120
days of leave under section 701(f)(1)'' and
inserting ``90 days of leave under section
701(e)''; and
(ii) in subsection (h), by striking
``section 701(g)'' and inserting ``section
701(f)''; and
(B) in section 502(b), by striking ``section
701(h)'' and inserting ``section 701(g)''.
(d) Effective Date.--The amendments made by this section take
effect on January 1, 2023.
SEC. 632. MODIFICATION OF AUTHORITY TO ALLOW MEMBERS OF THE ARMED
FORCES TO ACCUMULATE LEAVE IN EXCESS OF 60 DAYS.
(a) In General.--Section 701 of title 10, United States Code, as
amended by section 631, is further amended by striking subsection (e)
and inserting the following:
``(e)(1) The Secretary concerned, under uniform regulations to be
prescribed by the Secretary of Defense, may authorize a member
described in paragraph (2) to retain not more than 30 days of excess
leave.
``(2) A member described in this paragraph is a member who--
``(A)(i) serves on active duty for a continuous period of
at least 120 days for which the member is entitled to special
pay under section 310(a) of title 37; or
``(ii) is assigned to a deployable ship or mobile unit or
to other duty designated for the purposes of this section;
``(B) except for this subsection, would lose any excess
leave at the end of the fiscal year; and
``(C) receives, from the first officer in a grade above O-6
in the chain of command of such member, written authorization
to retain such excess leave.
``(3) Excess leave retained by a member under this subsection shall
be forfeited unless used before the end of the second fiscal year after
the end of the fiscal year in which the service or assignment described
in paragraph (2)(A) terminated.
``(4) In this subsection, the term `excess leave' means leave
accrued by a member in excess of the number of days of leave authorized
to be accumulated under subsection (b).''.
(b) Transition Rule.--Leave in excess of 90 days, accumulated by a
member of the Armed Forces under section 701 of such title before the
effective date under subsection (c), is forfeited unless--
(1) used by the member on or before September 30, 2026; or
(2) the retention of such leave is otherwise authorized by
law.
(c) Effective Date.--The amendment made by subsection (a) takes
effect on January 1, 2023.
SEC. 633. CONVALESCENT LEAVE FOR A MEMBER OF THE ARMED FORCES.
(a) In General.--Section 701 of title 10, United States Code, as
amended by sections 631 and 632, is further amended by adding at the
end the following new subsection:
``(m)(1) Except as provided by subsection (h)(3), and under
regulations prescribed by the Secretary of Defense, a member of the
armed forces diagnosed with a medical condition is allowed convalescent
leave if--
``(A) the medical or behavioral health provider of the
member--
``(i) determines that the member is not yet fit for
duty as a result of that condition; and
``(ii) recommends such leave for the member to
provide for the convalescence of the member from that
condition; and
``(B) the commanding officer of the member or the commander
of the military medical treatment facility authorizes such
leave for the member.
``(2) A member may take not more than 30 days of convalescent leave
under paragraph (1) with respect to a condition described in that
paragraph unless--
``(A) such leave in excess of 30 days is authorized by--
``(i) the Secretary concerned; or
``(ii) an individual at the level designated by the
Secretary concerned, but not below the grade of O-5 or
the civilian equivalent; or
``(B) the member is authorized to receive convalescent
leave under subsection (h)(3) in conjunction with the birth of
a child.
``(3)(A) Convalescent leave may be authorized under paragraph (1)
only for a medical condition of a member and may not be authorized for
a member in connection with a condition of a dependent or other family
member of the member.
``(B) In authorizing convalescent leave for a member under
paragraph (1) with respect to a condition described in that paragraph,
the commanding officer of the member or the commander of the military
medical treatment facility, as the case may be, shall--
``(i) limit the duration of such leave to the minimum
necessary in relation to the diagnosis, prognosis, and probable
final disposition of the condition of the member; and
``(ii) authorize leave tailored to the specific medical
needs of the member rather than (except for convalescent leave
provided for under subsection (h)(3)) authorizing leave based
on a predetermined formula.
``(4) A member taking convalescent leave under paragraph (1) shall
not have the member's leave account reduced as a result of taking such
leave.
``(5) In this subsection, the term `military medical treatment
facility' means a facility described in subsection (b), (c), or (d) of
section 1073d of this title.''.
(b) Treatment of Convalescent Leave for Birth of Child.--Paragraph
(4) of subsection (h) of such section, as redesignated by section 632,
is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by inserting ``(A)'' after ``(4)''; and
(3) by adding at the end the following new subparagraph:
``(B) Convalescent leave may be authorized under subparagraph (A)
only for a medical condition of a member and may not be authorized for
a member in connection with a condition of a dependent or other family
member of the member.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2023.
Subtitle E--Family and Survivor Benefits
SEC. 641. CLAIMS RELATING TO THE RETURN OF PERSONAL EFFECTS OF A
DECEASED MEMBER OF THE ARMED FORCES.
Section 1482(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(11)(A) Delivery of personal effects of a decedent to the
next of kin or other appropriate person.
``(B) If the Secretary concerned enters into an agreement
with an entity to carry out subparagraph (A), the Secretary
concerned may, at the request of the person described in such
subparagraph, pursue a claim against such entity that arises
from the failure of such entity to substantially perform such
subparagraph.
``(C) If an entity described in subparagraph (B) fails to
substantially perform subparagraph (A) by damaging, losing, or
destroying the personal effects of a decedent, the Secretary
concerned shall reimburse the person designated under
subsection (c) the greater of $1,000 or the fair market value
of such damage, loss, or destruction. The Secretary concerned
may request, from the person designated under subsection (c),
proof of fair market value and ownership of the personal
effects.''.
SEC. 642. EXTENSION OF PARENT FEE DISCOUNT TO CHILD CARE EMPLOYEES.
Section 1793 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Child Care Employee Discount.--The Secretary of Defense may,
to support recruitment and retention initiatives, charge a child care
employee, whose child attends a military child development center, a
reduced fee for such attendance.''.
SEC. 643. SURVIVOR BENEFIT PLAN OPEN SEASON.
(a) Elections by Persons Not Currently Participating in Survivor
Benefit Plan.--
(1) Election of sbp coverage.--An eligible retired or
former member may elect to participate in the Survivor Benefit
Plan during the open season described in subsection (e).
(2) Eligible retired or former members.--For purposes of
paragraph (1), an eligible retired or former member is a member
or former member of the uniformed services who, on or before
the day before the first day of the open season described in
subsection (e)--
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under chapter
1223 of title 10, United States Code (or chapter 67 of
such title as in effect before October 5, 1994), but
for the fact that such member or former member is under
60 years of age.
(3) Status under sbp of persons making elections.--
(A) Standard annuity.--A person making an election
under paragraph (1) by reason of eligibility under
paragraph (2)(A) shall be treated for all purposes as
providing a standard annuity under the Survivor Benefit
Plan.
(B) Reserve-component annuity.--A person making an
election under paragraph (1) by reason of eligibility
under paragraph (2)(B) shall be treated for all
purposes as providing a reserve-component annuity under
the Survivor Benefit Plan.
(4) Premiums for open season.--
(A) Premiums to be charged.--The Secretary of
Defense shall prescribe in regulations premiums that a
person who makes an election under paragraph (1) shall
be required to pay for participating in the Survivor
Benefit Plan pursuant to the election.
(B) Amount of premiums.--The total amount of the
premiums to be paid by a person under the regulations
prescribed under subparagraph (A) shall be equal to the
sum of--
(i) the total amount by which the retired
pay of the person would have been reduced
before the effective date of the election under
subsection (d) if the person had elected to
participate in the Survivor Benefit Plan (for
the same base amount specified in the election)
at the first opportunity that was afforded the
person to participate under chapter 73 of title
10, United States Code;
(ii) interest on the amount by which the
retired pay of the person would have been so
reduced, computed from the date on which the
retired pay would have been so reduced at such
rate or rates and according to such methodology
as the Secretary determines reasonable; and
(iii) any additional amount that the
Secretary determines necessary to protect the
actuarial soundness of the Department of
Defense Military Retirement Fund against any
increased risk for the fund that is associated
with the election.
(C) Premiums to be credited to retirement fund.--
Premiums paid under the regulations prescribed under
subparagraph (A) shall be credited to the Department of
Defense Military Retirement Fund.
(b) Elections by Persons Currently Participating in Survivor
Benefit Plan.--
(1) Election of to discontinue sbp participation.--A person
participating in the Survivor Benefit Plan on the day before
the first day of the open season described in subsection (e)
may elect to discontinue such participation during the open
season.
(2) Consent of beneficiaries.--
(A) In general.--Except as provided in subparagraph
(B), a person described in paragraph (1) may not make
an election under that paragraph without the
concurrence of--
(i) each designated beneficiary of such
person under the Survivor Benefit Plan; and
(ii) the spouse of such person, if such
person is married.
(B) Exception when beneficiary unavailable.--A
person may make an election under paragraph (1) without
a concurrence required under subparagraph (2) if the
person establishes to the satisfaction of the Secretary
concerned--
(i) that the whereabouts of the spouse or
beneficiary, as the case may be, cannot be
determined; or
(ii) that, due to exceptional
circumstances, requiring the person to seek the
consent of the spouse or beneficiary, as the
case may be, would otherwise be inappropriate.
(3) Treatment of premiums.--
(A) Discontinuation of reductions in pay.--As of
the effective date under subsection (d) of an election
by a person under paragraph (1), the Secretary
concerned shall discontinue the reduction being made in
the retired pay of the person arising from
participation in the Survivor Benefit Plan or, in the
case of a person who has been required to make deposits
in the Treasury on account of participation in the
Survivor Benefit Plan, that person may discontinue
making such deposits effective on such effective date.
(B) Treatment of previous reductions.--A person who
makes an election under paragraph (1) is not entitled
to a refund of any reduction or deposit described in
subparagraph (A) made before such effective date.
(c) Manner of Making Elections.--
(1) In general.--An election under subsection (a) or (b)
shall be made in writing, signed by the person making the
election, and received by the Secretary concerned before the
end of the open season described in subsection (e).
(2) Conditions.--Except as provided in paragraph (3), an
election under subsection (a) shall be made subject to the same
conditions, and with the same opportunities for designation of
beneficiaries and specification of base amount, that apply
under the Survivor Benefit Plan.
(3) Election must be voluntary.--An election under
subsection (a) or (b) is not effective unless the person making
the election declares the election to be voluntary. An election
under subsection (a) or (b) to participate or not to
participate in the Survivor Benefit Plan may not be required by
any court. An election by a person under subsection (a) to
participate in the Survivor Benefit Plan is not subject to the
concurrence of a spouse or former spouse of the person.
(4) Designation with respect to reserve-component
annuity.--A person making an election under subsection (a) to
provide a reserve-component annuity shall make a designation
described in section 1448(e) of title 10, United States Code.
(d) Effective Date for Elections.--An election under subsection (a)
or (b) shall be effective on the first day of the first calendar month
following the month in which the election is received by the Secretary
concerned.
(e) Open Season Described.--The open season described in this
subsection is the period beginning on the date of the enactment of this
Act and ending on January 1, 2024.
(f) Applicability of Certain Provisions of Law.--The provisions of
sections 1449, 1453, and 1454 of title 10, United States Code, are
applicable to a person making an election, and to an election, under
subsection (a) or (b) in the same manner as if the election were made
under the Survivor Benefit Plan.
(g) Definitions.--In this section:
(1) The terms ``base amount'', ``reserve-component
annuity'', and ``standard annuity'' have the meanings given
those terms in section 1447 of title 10, United States Code.
(2) The term ``Department of Defense Military Retirement
Fund'' means the fund established under section 1461(a) of
title 10, United States Code.
(3) The term ``retired pay'' includes retainer pay.
(4) The terms ``Secretary concerned'' and ``uniformed
services'' have the meanings given those terms in section 101
of title 37, United States Code.
(5) The term ``Survivor Benefit Plan'' means the program
established under subchapter II of chapter 73 of title 10,
United States Code.
SEC. 644. MILITARY INSTALLATIONS WITH LIMITED CHILD CARE: BRIEFING.
(a) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a briefing regarding child care at
military installations of the covered Armed Forces--
(1) that are not served by a military child development
center; or
(2) where the military child development center has few
available spots.
(b) Elements.--The briefing under subsection (a) shall include the
following elements:
(1) With regards to each military installation described in
such subsection:
(A) The current and maximum possible enrollment at
the military child development center (if one exists).
(B) Plans of the Secretary to expand an existing,
or construct a new, military child development center.
(C) The resulting capacity of each military child
development center described in subparagraph (B).
(D) The median cost of services at accredited child
care facilities located near such military installation
compared to the amount of assistance provided by the
Secretary of the military department concerned to
members for child care services.
(2) Any policy recommendations of the Secretary of
Defense--
(A) to address the rising cost of child care near
military installations; and
(B) regarding the rates of child care fee
assistance provided to members of the covered Armed
Forces.
(c) Definitions.--In this section:
(1) The term ``covered Armed Force'' means the following:
(A) The Army.
(B) The Navy.
(C) The Marine Corps.
(D) The Air Force.
(E) The Space Force.
(2) The term ``military child development center'' has the
meaning given such term in section 1800 of title 10, United
States Code.
SEC. 645. FOOD INSECURITY AMONG MILITARY FAMILIES: DATA COLLECTION;
TRAINING; REPORT.
(a) Data Collection.--Not later than one year after the date of the
enactment of this Act, the Under Secretary of Defense for Personnel and
Readiness, in coordination with the Under Secretary for Food,
Nutrition, and Consumer Services of the Department of Agriculture,
shall--
(1) develop a survey, in collaboration with the Department
of Agriculture, to determine how many members of the Armed
Forces serving on active duty, and dependents of such members,
are food insecure;
(2) issue the survey to such members and dependents;
(3) collect data related to the number of such members and
dependents who--
(A) are eligible for the basic needs allowance
under section 402b of title 37, United States Code;
(B) receive such basic needs allowance; and
(C) are surveyed on the use, by such members and
dependents, of Federal nutrition assistance programs,
including--
(i) the supplemental nutrition assistance
program under the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.);
(ii) the special supplemental nutrition
program for women, infants, and children under
section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786); and
(iii) the school lunch program under the
Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.), and the school
breakfast program under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773);
(4) develop and carry out a plan to train and designate an
individual who will assist members at military installations on
how and where to refer such members and their dependents for
participation in Federal nutrition assistance programs
described in paragraph (3)(C); and
(5) coordinate efforts of the Department of Defense to
address food insecurity and nutrition.
(b) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for the four subsequent
years, the Under Secretary of Defense for Personnel & Readiness shall
submit to the congressional defense committees, the Committees on
Agriculture and Education and Labor of the House of Representatives,
and the Committee on Agriculture, Nutrition, and Forestry of the
Senate, a report including the following:
(1) The number of members of the Armed Forces serving on
active duty and their dependents who are food insecure.
(2) The number of such members and their dependents who use
the Federal nutrition assistance programs described in
subsection (a)(3).
(3) The number of such members and their dependents
described in subsection (a)(3).
(4) The status of implementation of the plan under
subsection (a)(5).
Subtitle F--Defense Resale Matters
SEC. 651. PROHIBITION OF THE SALE OF CERTAIN GOODS FROM THE XINJIANG
UYGHUR AUTONOMOUS REGION IN COMMISSARIES AND EXCHANGES.
(a) Prohibition.--Subchapter III of chapter 147 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2496. Sale of certain goods from the Xinjiang Uyghur Autonomous
Region prohibited
``(a) Prohibition.--The Secretary of Defense may not knowingly
permit the sale, at a commissary store or military exchange, of any
good, ware, article, or merchandise--
``(1) containing any product mined, produced, or
manufactured, wholly or in part, by forced labor from the XUAR;
or
``(2) from an entity that has used labor from within or
transferred from XUAR as part of a `poverty alleviation' or
`pairing assistance' program.
``(b) Definitions.--In this section:
``(1) The term `forced labor' means any work or service
that is exacted from any person under the menace of any penalty
for nonperformance and that the worker does not offer to
perform.
``(2) The term `XUAR' means the Xinjiang Uyghur Autonomous
Region of the People's Republic of China.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2496. Sale of certain goods from the Xinjiang Uyghur Autonomous
Region prohibited.''.
Subtitle G--Miscellaneous Studies, Briefings and Reports
SEC. 661. STUDY ON BASIC PAY.
(a) In General.--The Secretary of Defense shall seek to enter into
an agreement with a nonprofit entity or a federally funded research and
development center to conduct research and analysis on the value of
basic pay for members of the Armed Forces. The Secretary may include
such research and analysis in the next quadrennial review of military
compensation.
(b) Elements.--The research and analysis conducted under subsection
(a) shall include the following:
(1) An assessment of the model used to determine the basic
pay in the current basic pay tables, including--
(A) an analysis of whether to update the current
model to meet the needs of the 2023 employment market;
(B) a historical understanding of when the current
model was established and how frequently it has been
during the last 10 years;
(C) an understanding of the assumptions on which
the model is based and how such assumptions are
validated;
(D) an analysis of time-in-grade requirements and
how they may affect retention and promotion; and
(E) an assessment of how recruiting and retention
information is used to adjust the model.
(2) An assessment of whether to modify current basic pay
tables to consider higher rates of pay for specialties the
Secretary determines are in critical need of personnel.
(3) An analysis of--
(A) how basic pay has compared with civilian pay
since the 70th percentile benchmark for basic pay was
established; and
(B) whether to change the 70th percentile
benchmark.
(4) An assessment of whether--
(A) to adjust the annual increase in basic pay,
currently guided by changes in the Employment Cost
Index as a measure of the growth in private-sector
employment costs; or
(B) to use a different index, such as the Defense
Employment Cost Index.
(5) Legislative and policy recommendations regarding basic
pay table based on analyses and assessments under paragraphs
(1) through (4).
(c) Briefings and Progress Report.--
(1) Interim briefing.--Not later than April 1, 2023, the
Secretary shall provide to the appropriate congressional
committees an interim briefing on the elements described in
subsection (b).
(2) Progress report.--Not later than one year after the
date of the enactment of this Act, the Secretary shall submit
to the appropriate congressional committees a progress report
on the study under this section.
(3) Final briefing.--Not later than two years after the
date of the enactment of this Act, the Secretary shall submit
to the appropriate congressional committees a final briefing on
the study under this section.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committee on Armed Services of the House of
Representatives.
(2) The Committee on Armed Services of the Senate.
SEC. 662. REPORT ON ACCURACY OF BASIC ALLOWANCE FOR HOUSING.
(a) Report; Elements.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in consultation
with the Secretary of the department in which the Coast Guard is
operating, shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on BAH. Such report shall
contain the following elements:
(1) The evaluation of the Secretary--
(A) of the efficiency and accuracy of the current
system used to calculate BAH;
(B) the appropriateness of using mean and median
housing costs in such calculation;
(C) of existing MHAs, in relation to choices in,
and availability of, housing to servicemembers;
(D) of the suitability of the six standard housing
profiles in relation to the average family sizes of
servicemembers, disaggregated by uniformed service,
rank, and MHA;
(E) of the flexibility of BAH to respond to changes
in real estate markets; and
(F) of residential real estate processes to
determine rental rates.
(2) The recommendation of the Secretary--
(A) regarding the feasibility of including
information, furnished by Federal entities, regarding
school districts, in calculating BAH;
(B) whether to calculate BAH more frequently,
including in response to a sudden change in the housing
market;
(C) whether to enter into an agreement with a
covered entity, to compile data and develop an
enterprise grade, objective, data-driven algorithm to
calculate BAH;
(D) whether to publish the methods used by the
Secretary to calculate BAH on a publicly accessible
website of the Department of Defense; and
(E) whether BAH calculations appropriately account
for increased housing costs associated with Coast Guard
facilities.
(b) Definitions.--In this section:
(1) The term ``BAH'' means the basic allowance for housing
for members of the uniformed services under section 403 of
title 37, United States Code.
(2) The term ``covered entity'' means a nationally
recognized entity in the field of commercial real estate that
has data on local rental rates in real estate markets across
the United States.
(3) The term ``MHA'' means military housing area.
(4) The term ``servicemember'' has the meaning given such
term in section 101 of the Servicemembers Civil Relief Act (50
U.S.C. 3911).
SEC. 663. REVIEW OF DISLOCATION AND RELOCATION ALLOWANCES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report--
(1) reviewing the adequacy of the amounts of dislocation
and relocation allowances paid under section 452 of title 37,
United States Code, to members of the covered Armed Forces, in
connection with changes in such members' temporary or permanent
duty assignment locations, taking into consideration the rising
costs of moving, challenges in the housing market, and other
expenses incurred by such members;
(2) assessing the effects of delays in the issuance of
orders relating to changes to temporary or permanent duty
assignment locations on the timing of dislocation and
relocation allowances paid to members of the covered Armed
Forces;
(3) assessing the feasibility and advisability of paying
dislocation or relocation allowances to members of the covered
Armed Forces who are permanently assigned from one unit to
another with no change of permanent duty station when the units
are within the same metropolitan area; and
(4) making recommendations with respect to the matters
described in paragraphs (1), (2), and (3).
(b) Covered Armed Forces Defined.--In this section, the term
``covered Armed Forces'' means the Army, Navy, Marine Corps, Air Force,
and Space Force.
SEC. 664. COMPLEX OVERHAUL PAY: BRIEFING.
(a) Briefing.--Not later than six months after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a briefing regarding the feasibility and advisability of establishing
complex overhaul pay.
(b) Complex Overhaul Pay Defined.--In this section, the term
``complex overhaul pay'' means a special monthly pay--
(1) established pursuant to regulations prescribed under
section 352 of title 37, United States Code;
(2) paid to a member of the Armed Forces assigned to a
naval vessel undergoing nuclear refueling or defueling, and any
concurrent complex overhaul;
(3) in addition to any other pay or allowance to which a
member is entitled; and
(4) in an amount equal to $200 per month.
SEC. 665. STUDIES ON COMPENSATION FOR DOD CHILD CARE PROVIDERS.
(a) In General.--
(1) Studies required.--The Secretary of Defense shall, for
each geographic area in which the Secretary of a military
department operates a military child development center,
conduct a study--
(A) comparing the total compensation, including all
pay and benefits, of child care employees of each
military child development center in the geographic
area to the total compensation of similarly
credentialed employees in such geographic area; and
(B) estimating the difference in average pay and
the difference in average benefits between such child
care employees.
(2) Schedule.--The Secretary of Defense shall complete the
studies required under paragraph (1)--
(A) for the geographic areas containing the
military installations with the 25 longest wait lists
for child care services at military child development
centers, not later than one year after the date of the
enactment of this Act; and
(B) for geographic areas other than geographic
areas described in subparagraph (A), not later than two
years after the date of the enactment of this Act.
(3) Reports.--
(A) Interim report.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a
report summarizing the results of the studies required
under paragraph (1) that have been completed as of the
date of the submission of such report.
(B) Final report.--Not later than 120 days after
the completion of all the studies required under
paragraph (1), the Secretary shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report summarizing the results of
such studies.
(b) Definitions.--In this section:
(1) The term ``benefits'' includes--
(A) retirement benefits;
(B) any insurance premiums paid by an employer;
(C) education benefits, including tuition
reimbursement and student loan repayment; and
(D) any other compensation an employer provides to
an employee for service performed as an employee (other
than pay), as determined appropriate by the Secretary
of Defense.
(2) The terms ``child care employee'' and ``military child
development center'' have the meanings given such terms in
section 1800 of title 10, United States Code.
(3) The term ``pay'' includes the basic rate of pay of an
employee and any additional payments an employer pays to an
employee for service performed as an employee.
SEC. 666. BARRIERS TO HOME OWNERSHIP FOR MEMBERS OF THE ARMED FORCES:
STUDY; REPORT.
(a) Study.--Not later than one year after the date of the enactment
of this Act, the Secretary of Defense shall seek to enter into an
agreement with a federally funded research and development center or
non-profit entity to conduct a study on the unique barriers to home
ownership for members of the Armed Forces.
(b) Report.--At the conclusion of the study under subsection (a),
the Secretary shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report containing the results of
such study.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Improvements to TRICARE dental program.
Sec. 702. Health benefits for members of the National Guard following
required training or other duty to respond
to a national emergency.
Sec. 703. Improvement of referrals for specialty care under TRICARE
Prime during permanent changes of station.
Sec. 704. Confidentiality requirements for mental health care services
for members of the Armed Forces.
Sec. 705. Audit of behavioral health care network providers listed in
TRICARE directory.
Sec. 706. Independent analysis of quality and patient safety review
process under direct care component of
TRICARE program.
Sec. 707. Study on providing benefits under TRICARE Reserve Select and
TRICARE dental program to members of the
Selected Reserve and dependents thereof.
Sec. 708. GAO study on certain contracts relating to TRICARE program
and oversight of such contracts.
Sec. 709. GAO study on coverage of mental health services under TRICARE
program and relationship to certain mental
health parity laws.
Subtitle B--Health Care Administration
Sec. 711. Accountability for wounded warriors undergoing disability
evaluation.
Sec. 712. Inclusion of level three trauma care capabilities in
requirements for medical centers.
Sec. 713. Centers of excellence for specialty care in military health
system.
Sec. 714. Maintenance of Core Casualty Receiving Facilities to improve
medical force readiness.
Sec. 715. Congressional notification requirement to modify scope of
services provided at military medical
treatment facilities.
Sec. 716. Improvements to processes to reduce financial harm caused to
civilians for care provided at military
medical treatment facilities.
Sec. 717. Authority to carry out studies and demonstration projects
relating to delivery of health and medical
care through use of other transaction
authority.
Sec. 718. Licensure requirement for certain health-care professionals
providing services as part of mission
relating to emergency, humanitarian, or
refugee assistance.
Sec. 719. Authorization of permanent program to improve opioid
management in the military health system.
Sec. 720. Modification of requirement to transfer research and
development and public health functions to
Defense Health Agency.
Sec. 721. Access to certain dependent medical records by remarried
former spouses.
Sec. 722. Authority for Department of Defense program to promote early
literacy among certain young children.
Sec. 723. Plan for Accountable Care Organization demonstration.
Sec. 724. Feasibility study and plan on establishing a Military Health
System Medical Logistics Directorate and
Military Health System Education and
Training Directorate.
Subtitle C--Reports and Other Matters
Sec. 731. Briefing and report on reduction or realignment of military
medical manning and medical billets.
Sec. 732. Independent analysis of Department of Defense Comprehensive
Autism Care Demonstration program.
Sec. 733. Clarification of membership requirements and compensation
authority for independent suicide
prevention and response review committee.
Sec. 734. Termination of veterans' advisory board on radiation dose
reconstruction.
Sec. 735. Brain health initiative of Department of Defense.
Sec. 736. Establishment of partnership program between United States
and Ukraine for military trauma care and
research.
Sec. 737. Improvements relating to behavioral health care available
under military health system.
Sec. 738. Certification program in provision of mental health services
to members of the Armed Forces and military
families.
Sec. 739. Standardization of policies relating to service in Armed
Forces by individuals diagnosed with HBV.
Sec. 740. Suicide cluster: standardized definition for use by
Department of Defense; congressional
notification.
Sec. 741. Limitation on reduction of military medical manning end
strength: certification requirement and
other reforms.
Sec. 742. Feasibility study on establishment of Department of Defense
internship programs relating to civilian
behavioral health providers.
Sec. 743. Updates to prior feasibility studies on establishment of new
command on defense health.
Sec. 744. Capability assessment and action plan with respect to effects
of exposure to open burn pits and other
environmental hazards.
Sec. 745. Kyle Mullen Navy SEAL medical training review.
Sec. 746. Reports on composition of medical personnel of each military
department and related matters.
Sec. 747. Report on effects of low recruitment and retention on
operational tempo and physical and mental
health of members of the Armed Forces.
Sec. 748. Guidance for addressing healthy relationships and intimate
partner violence through TRICARE Program.
Sec. 749. Briefing on suicide prevention reforms for members of the
Armed Forces.
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. IMPROVEMENTS TO TRICARE DENTAL PROGRAM.
(a) In General.--Section 1076a of title 10, United States Code, is
amended--
(1) in subsection (b)--
(A) by striking ``The plans'' and inserting the
following:
``(1) In general.--The plans''; and
(B) by adding at the end the following new
paragraph:
``(2) Premium sharing plans.--Effective as of January 1,
2026, the regulations prescribed pursuant to paragraph (1)
shall include, with respect to premium sharing plans referred
to in subsection (d)(1), the following elements:
``(A) A third party administrator shall manage the
administrative features of such plans, including
eligibility, enrollment, plan change and premium
payment processes, submission of qualifying life events
changes, and address changes.
``(B) Such plans shall include the following three
enrollment options:
``(i) Self.
``(ii) Self plus one.
``(iii) Family.
``(C) In the United States, to the extent
practicable, individuals eligible to enroll in such a
plan shall be offered options to enroll in plans of not
fewer than two and not more than four dental insurance
carriers.
``(D) To the extent practicable, each carrier
described in subparagraph (C)--
``(i) shall manage dental care delivery
matters, including claims adjudication (with
required electronic submission of claims),
coordination of benefits, covered services,
enrollment verification, and provider networks;
``(ii) shall, in addition to offering a
standard option plan, offer a non-standard
option plan;
``(iii) may offer a non-standard option
plan managed as a dental health maintenance
organization plan;
``(iv) shall establish and operate dental
provider networks that provide--
``(I) accessible care with a
prevention or wellness focus;
``(II) continuity of care;
``(III) coordinated care (including
appropriate dental and medical
referrals);
``(IV) patient-centered care
(including effective communications,
individualized care, and shared
decision-making); and
``(V) high-quality, safe care;
``(v) shall develop and implement adult and
pediatric dental quality measures, including
effective measurements for--
``(I) access to care;
``(II) continuity of care;
``(III) cost;
``(IV) adverse patient events;
``(V) oral health outcomes; and
``(VI) patient experience; and
``(vi) may conduct in the provider networks
established and operated by the carrier under
clause (iv), to the extent practicable, pilot
programs on the development of a model of care
based on the model of care commonly referred to
as patient-centered dental homes.'';
(2) in subsection (d)(1)--
(A) in subparagraph (B), by striking ``The
member's'' and inserting ``During the period preceding
January 1, 2026, the member's'';
(B) in subparagraph (C), by striking ``of each
year,'' and inserting ``of each year during the period
preceding January 1, 2026,'';
(C) in subparagraph (D), by striking ``The
Secretary of Defense'' and inserting ``During the
period preceding January 1, 2026, the Secretary of
Defense''; and
(D) by adding at the end the following new
subparagraphs:
``(E) Beginning on January 1, 2026, the amount of the
premium required under subparagraph (A)--
``(i) for standard option plans, shall be
established by the Secretary annually such that in the
aggregate (taking into account the adjustments under
subparagraph (F) and subsection (e)(3), the Secretary's
share of each premium is 60 percent of the premium for
each enrollment category (self, self plus one, and
family, respectively) of each standard option plan; and
``(ii) for non-standard option plans, shall be
equal to the amount determined under clause (i) plus
100 percent of the additional premium amount applicable
to such non-standard option plan.
``(F) Beginning on January 1, 2026, the Secretary of
Defense shall reduce the monthly premium required to be paid
under paragraph (1) in the case of enlisted members in pay
grade E-1, E-2, E-3, or E-4.'';
(3) in subsection (e), by adding at the end the following
new paragraph:
``(3) Beginning on January 1, 2026, the Secretary of Defense shall
reduce copayments required to be paid under paragraph (1) in the case
of enlisted members in pay grade E-1, E-2, E-3, or E-4.'';
(4) in subsection (j), by striking ``The Secretary of
Defense may not reduce benefits provided under a plan
established under this section until'' and inserting ``During
the period preceding January 1, 2026, the Secretary of Defense
may not reduce benefits provided under a plan established under
this section, and on or after January 1, 2026, the Secretary
may not reduce benefits provided under a standard option plan
under this section, until''; and
(5) by adding at the end the following new subsection:
``(l) Definitions.--In this section:
``(1) The term `non-standard option plan' means a high
option dental insurance plan that includes covered services in
addition to, or provides greater coverage with respect to,
services covered under a standard option plan.
``(2) The term `standard option plan' means a dental
insurance plan that provides for the coverage of preventive
services, basic restorative services, and specialty dental care
services at a level that is at least commensurate with the
coverage of the same services provided under the premium
sharing plans under this section during the period preceding
January 1, 2026.''.
(b) Rulemaking.--Pursuant to the authority under section
1076a(b)(1) of title 10, United States Code, as amended by subsection
(a), the Secretary of Defense shall--
(1) not later than January 1, 2025, prescribe an interim
final rule to carry out the amendments made by subsection (a);
and
(2) after prescribing the interim final rule under
subparagraph (A) and considering public comments with respect
to such interim final rule, prescribe a final rule, effective
on January 1, 2026, to carry out such amendments.
(c) Briefings.--Not later than January 1 of each of 2024, 2025, and
2026, the Secretary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a briefing on
the status of the implementation of the amendments made by subsection
(a).
SEC. 702. HEALTH BENEFITS FOR MEMBERS OF THE NATIONAL GUARD FOLLOWING
REQUIRED TRAINING OR OTHER DUTY TO RESPOND TO A NATIONAL
EMERGENCY.
(a) Transitional Health Care.--Subsection (a)(2) of section 1145 of
title 10, United States Code, is amended by adding at the end the
following new subparagraph:
``(G) A member of the National Guard who is separated from
full-time National Guard Duty to which called or ordered under
section 502(f) of title 32 for a period of active service of
more than 30 days to perform duties that are authorized by the
President or the Secretary of Defense for the purpose of
responding to a national emergency declared by Congress or the
President and supported by Federal funds.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (a)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``active duty'' and
inserting ``active service'';
(B) in paragraph (3), by striking ``paragraph
(2)(B)'' and inserting ``subparagraph (B) or (G) of
paragraph (2)'';
(C) in paragraph (4)--
(i) by striking ``active duty'' each place
it appears and inserting ``active service'';
and
(ii) in the second sentence, by striking
``or (D)'' and inserting ``(D), or (G)'';
(D) in paragraph (5), in subparagraphs (A) and (B),
by striking ``active duty'' each place it appears and
inserting ``active service''; and
(E) in paragraph (7)(A)--
(i) by striking ``service on active duty''
and inserting ``active service''; and
(ii) by striking ``active duty for'' and
inserting ``active service for'';
(2) in subsection (b)(1), by striking ``active duty'' and
inserting ``active service''; and
(3) in subsection (d)(1)(A), by striking ``active duty''
and inserting ``active service''.
SEC. 703. IMPROVEMENT OF REFERRALS FOR SPECIALTY CARE UNDER TRICARE
PRIME DURING PERMANENT CHANGES OF STATION.
(a) In General.--Section 714 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C.
1095f note) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Improvement of Specialty Care Referrals During Permanent
Changes of Station.--In conducting evaluations and improvements under
subsection (d) to the referral process described in subsection (a), the
Secretary shall ensure beneficiaries enrolled in TRICARE Prime who are
undergoing a permanent change of station receive referrals from their
primary care manager to such specialty care providers in the new
location as the beneficiary may need before undergoing the permanent
change of station.''.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the contractual and technical barriers
preventing record sharing between civilian provider networks under the
TRICARE program that lead to increased wait times for care for members
of the Armed Forces and the dependents thereof undergoing permanent
changes of station across provider network regions.
SEC. 704. CONFIDENTIALITY REQUIREMENTS FOR MENTAL HEALTH CARE SERVICES
FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--In order to reinforce the policies of eliminating
stigma in obtaining mental health care services and further encouraging
help-seeking behavior by members of the Armed Forces, not later than
July 1, 2023, the Secretary of Defense shall--
(1) update and reissue Department of Defense Instruction
6490.08, titled ``Command Notification Requirements to Dispel
Stigma in Providing Mental Health Care to Service Members'' and
issued on August 17, 2011, taking into account--
(A) experience implementing the Instruction; and
(B) opportunities to more effectively dispel stigma
in obtaining mental health care services and encourage
help-seeking behavior; and
(2) develop standards within the Department of Defense
that--
(A) ensure, except in a case in which there is an
exigent circumstance, the confidentiality of mental
health care services provided to members who
voluntarily seek such services;
(B) include a model for making determinations with
respect to exigent circumstances that clarifies the
responsibilities regarding the determination of the
effect on military function and the prevention of self-
harm by the individual; and
(C) in a case in which there is an exigent
circumstance, prevent health care providers from
disclosing more than the minimum amount of information
necessary to address the exigent circumstance.
(b) Elements.--The standards required by subsection (a)(2) shall
include the following elements:
(1) Requirements for confidentiality regarding the request
and receipt by a member of the Armed Forces of mental health
care services under the self-initiated referral process under
section 1090a(e) of title 10, United States Code.
(2) Requirements for confidentiality regarding the results
of any drug testing incident to such mental health care
services.
(3) Procedures that reflect best practices of the mental
health profession with respect to suicide prevention.
(4) A prohibition against retaliating against a member of
the Armed Forces who requests mental health care services.
(5) Such other elements as the Secretary determines will
most effectively support the policies of--
(A) eliminating stigma in obtaining mental health
care services; and
(B) encouraging help-seeking behavior by members of
the Armed Forces.
(c) Joint Policy With the Secretary of Veterans Affairs.--
(1) In general.--Not later than July 1, 2023, the Secretary
of Defense and the Secretary of Veterans Affairs shall issue a
joint policy that provides, except in a case in which there is
an exigent circumstance, for the confidentiality of mental
health care services provided by the Secretary of Veterans
Affairs to members of the Armed Forces, including the reserve
components, under section 1712A, 1720F, 1720H, or 1789 of title
38, United States Code, or other applicable law.
(2) Elements.--The joint policy issued under paragraph (1)
shall, to the extent practicable, include standards comparable
to the standards developed under subsection (a)(2).
(d) Report.--Not later than July 1, 2023, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a copy of the standards developed under
subsection (a)(2) and the joint policy issued under subsection (c).
(e) Exigent Circumstance Defined.--In this section, the term
``exigent circumstance'' means a circumstance in which the Secretary of
Defense determines the need to prevent serious harm to an individual or
essential military function clearly outweighs the need for
confidentiality of information obtained by a health care provider
incident to mental health care services voluntarily sought by a member
of the Armed Forces.
SEC. 705. AUDIT OF BEHAVIORAL HEALTH CARE NETWORK PROVIDERS LISTED IN
TRICARE DIRECTORY.
(a) Audit Required.--The Comptroller General of the United States
shall conduct an audit of the behavioral health care providers listed
in the TRICARE directory.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a report on the findings of the audit under subsection (a). Such
report shall include the following:
(1) An identification of the following, disaggregated by
provider specialty and TRICARE provider network region:
(A) The number of such behavioral health care
providers with respect to which there are duplicate
listings in the TRICARE directory.
(B) The number of such behavioral health care
providers that, as of the commencement of the audit,
were listed in the TRICARE directory as available and
accepting new TRICARE patients.
(C) The number of such behavioral health care
providers that, as a result of the audit, the
Comptroller General determines are no longer available
or accepting new TRICARE patients.
(D) The number of such behavioral health care
providers that were not previously listed in the
TRICARE directory as available and accepting new
TRICARE patients but that, as a result of the audit,
the Comptroller General determines are so available and
accepting.
(E) The number of behavioral health care providers
listed in the TRICARE directory that are no longer
practicing.
(F) The number of behavioral health care providers
that, in conducting the audit, the Comptroller General
could not reach for purposes of verifying information
relating to availability or status.
(2) An identification of the number of TRICARE
beneficiaries in each TRICARE region, disaggregated by
beneficiary category.
(3) A description of the methods by which the Secretary of
Defense measures the following:
(A) The accessibility and accuracy of the TRICARE
directory, with respect to behavioral health care
providers listed therein.
(B) The adequacy of behavioral health care
providers under the TRICARE program.
(4) A description of the efforts of the Secretary of
Defense to recruit and retain behavioral health care providers.
(5) Recommendations by the Comptroller General, based on
the findings of the audit, on how to improve the availability
of behavioral health care providers that are network providers
under the TRICARE program, including through the inclusion of
specific requirements in the next generation of TRICARE
contracts.
(c) Definitions.--In this section:
(1) The term ``TRICARE directory'' means the directory of
network providers under the TRICARE program.
(2) The term ``TRICARE program'' has the meaning given such
term in section 1072 of title 10, United States Code.
SEC. 706. INDEPENDENT ANALYSIS OF QUALITY AND PATIENT SAFETY REVIEW
PROCESS UNDER DIRECT CARE COMPONENT OF TRICARE PROGRAM.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall seek to
enter into an agreement with a federally funded research and
development center for the federally funded research and
development center to carry out the activities described in
subsections (b) and (c).
(2) Timing.--The Secretary shall seek to enter into the
agreement described in paragraph (1) not later October 1, 2023.
(b) Analysis by FFRDC.--
(1) Analysis.--Under an agreement between the Secretary and
a federally funded research and development center entered into
pursuant to subsection (a), the federally funded research and
development center shall conduct an analysis of the quality and
patient safety review process for health care provided under
the direct care component of the TRICARE program and develop
recommendations for the Secretary based on such analysis.
(2) Elements.--The analysis conducted and recommendations
developed under paragraph (1) shall include, with respect to
the direct care component of the TRICARE program, an assessment
of the following:
(A) The procedures under such component regarding
credentialing and privileging for health care providers
(and an assessment of compliance with such procedures).
(B) The processes under such component for quality
assurance, standard of care, and incident review (and
an assessment of compliance with such processes).
(C) The accountability processes under such
component for health care providers who are found to
have not met a required standard of care.
(D) The transparency activities carried out under
such component, including an assessment of the
publication of clinical quality metrics (at the level
of military medical treatment facilities and other
operational medical units of the Department of
Defense), and a comparison with similar metrics for
non-Department health care entities.
(E) The standardization activities carried under
such component, including activities aimed at
eliminating unwarranted variation in clinical quality
metrics at the level of military medical treatment
facilities and other operational medical units of the
Department.
(F) The implementation under such component of the
requirements of section 744 of the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-
283; 134 Stat. 3708; 10 U.S.C. 1071 note), including
with respect to health care delivery on ships and
planes, in deployed settings, and in all other
circumstances outside of military medical treatment
facilities.
(G) The organizational roles and responsibilities
of military health system entities involved in clinical
quality management functions under such component,
including the Assistant Secretary of Defense for Health
Affairs, the Director of the Defense Health Agency, and
the Surgeons General of the Army, Navy, and Air Force,
each of whom shall conduct and submit to the federally
funded research and development center an internal
assessment of the respective entity regarding each
element set forth under this paragraph.
(3) Information access and privacy.--
(A) Access to records.--Notwithstanding section
1102 of title 10, United States Code, the Secretary
shall provide the federally funded research and
development center with access to such records of the
Department of Defense as the Secretary may determine
necessary for purposes of the federally funded research
and development center conducting the analysis and
developing the recommendations under paragraph (1).
(B) Privacy of information.--In conducting the
analysis and developing the recommendations under
paragraph (1), the federally funded research and
development center--
(i) shall maintain any personally
identifiable information in records accessed by
the federally funded research and development
center pursuant to subparagraph (A) in
accordance with applicable laws, protections,
and best practices regarding the privacy of
information; and
(ii) may not permit access to such
information by any individual or entity not
engaged in conducting such analysis or
developing such recommendations.
(c) Briefing and Reports.--
(1) Interim briefing.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the Committees on Armed Services of the House of
Representatives and the Senate an interim briefing on--
(A) the selection of a federally funded research
and development center with which the Secretary shall
seek to enter into an agreement with under subsection
(a);
(B) any related guidance issued by the Secretary;
and
(C) the methodology for conducting the study to be
used by such federally funded research and development
center.
(2) Report to secretary.--Under an agreement entered into
between the Secretary and a federally funded research and
development center under subsection (a), the federally funded
research and development center, not later than one year after
the date of the execution of the agreement, shall submit to the
Secretary a report on the findings of the federally funded
research and development center with respect to the analysis
conducted and recommendations developed under subsection (b).
(3) Report to congress.--Not later than 120 days after the
date on which the Secretary receives the report of the
federally funded research and development center under
paragraph (1), the Secretary shall submit to the Committees on
Armed Services of the House of Representatives and the Senate
such report, along with an assessment by the Secretary of the
analysis, findings, and recommendations contained therein and
the plan of the Secretary for strengthening clinical quality
management in the military health system.
(4) Publication.--The Secretary shall make the report under
paragraph (2) available on a public website in unclassified
form.
(d) TRICARE Program Defined.--In this section, the term ``TRICARE
program'' has the meaning given such term in section 1072 of title 10,
United States Code.
SEC. 707. STUDY ON PROVIDING BENEFITS UNDER TRICARE RESERVE SELECT AND
TRICARE DENTAL PROGRAM TO MEMBERS OF THE SELECTED RESERVE
AND DEPENDENTS THEREOF.
(a) Study.--The Secretary of Defense may conduct a study on the
feasibility, potential cost effects to the budget of the Department of
Defense, changes in out-of-pocket costs to beneficiaries, and effects
on other Federal programs of expanding eligibility for TRICARE Reserve
Select and the TRICARE dental program to include all members of the
Selected Reserve of the Ready Reserve of a reserve component of the
Armed Forces, the dependents thereof, and the non-dependent children
thereof under the age of 26.
(b) Specifications.--If the Secretary conducts the study under
subsection (a), the Secretary shall include in the study an assessment
of the following:
(1) Cost-shifting to the Department of Defense to support
the expansion of TRICARE Reserve Select and the TRICARE dental
program from--
(A) health benefit plans under chapter 89 of title
5, United States Code;
(B) employer-sponsored health insurance;
(C) private health insurance;
(D) insurance under a State health care exchange;
and
(E) the Medicaid program under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.).
(2) New costs for the Department of Defense to enroll in
TRICARE Reserve Select and the TRICARE dental program members
of the Selected Reserve of the Ready Reserve of a reserve
component of the Armed Forces who were previously uninsured.
(3) The resources needed to implement TRICARE Reserve
Select and the TRICARE dental program for all such members, the
dependents thereof, and the non-dependent children thereof
under the age of 26.
(4) Cost-savings, if any, resulting from the expansion of
TRICARE Reserve Select and the TRICARE dental program with
regard to increased training days performed in support of mass
medical events during battle assemblies of the reserve
components, including an assessment of the impact of such
expansion on--
(A) medical readiness;
(B) overall deployability rates;
(C) deployability timelines;
(D) fallout rates at mobilization sites;
(E) cross-leveling of members of the reserve
components to backfill medical fallouts at mobilization
sites; and
(F) any other readiness metrics affected by such
expansion.
(5) Any effect of such expansion on recruitment and
retention of members of the Armed Forces, including members of
the Ready Reserve of the reserve components of the Armed
Forces.
(6) Cost-savings, if any, in contracts that implement the
Reserve Health Readiness Program of the Department of Defense.
(c) Determination of Cost Effects.--If the Secretary conducts the
study under subsection (a), the Secretary shall include in such study
an assessment of the potential cost effects to the budget of the
Department of Defense for scenarios of expanded eligibility for TRICARE
Reserve Select and the TRICARE dental program as follows:
(1) Premium free for members of the Selected Reserve of the
Ready Reserve of a reserve component of the Armed Forces, the
dependents thereof, and the non-dependent children thereof
under the age of 26.
(2) Premium free for such members and subsidized premiums
for such dependents and non-dependent children.
(3) Subsidized premiums for such members, dependents, and
non-dependent children.
(d) Use of a Federally Funded Research and Development Center.--The
Secretary may enter into a contract with a federally funded research
and development center the Secretary determines is qualified and
appropriate to conduct the study under subsection (a).
(e) Briefing; Report.--
(1) Briefing.--If the Secretary conducts the study under
subsection (a), not later than one year after the date of the
enactment of this Act, the Secretary shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the methodology and approach of
the study.
(2) Report.--If the Secretary conducts the study under
subsection (a), not later than two years after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the study.
(f) Definitions.--In this section:
(1) The term ``TRICARE dental program'' means dental
benefits under section 1076a of title 10, United States Code.
(2) The term ``TRICARE Reserve Select'' means health
benefits under section 1076d of such title.
SEC. 708. GAO STUDY ON CERTAIN CONTRACTS RELATING TO TRICARE PROGRAM
AND OVERSIGHT OF SUCH CONTRACTS.
(a) Study.--The Comptroller General of the United States shall
conduct a study on certain contracts relating to the TRICARE program
and the oversight provided by the Director of the Defense Health Agency
with respect to such contracts.
(b) Matters.--The study under subsection (a) shall include an
assessment of the following:
(1) TRICARE managed care support contracts.--With respect
to TRICARE managed care support contracts (including the
TRICARE managed care support contract for which the Director of
the Defense Health Agency published a request for proposals on
April 15, 2021, commonly referred to as ``T-5''), the process
used in awarding such contracts.
(2) Other contracts.--With respect to each contract
relating to the TRICARE program other than a contract specified
in paragraph (1) entered into by the Director of the Defense
Health Agency during the period beginning on October 1, 2017,
and ending on September 30, 2022, where the value of such
contract is greater than $500,000,000, the following:
(A) The total number of such contracts,
disaggregated by fiscal year, contract type, type of
product or service procured, and total expenditure
under each such contract by fiscal year.
(B) The total number of bid protests filed with
respect to such contracts, and the outcome of such
protests.
(C) The total number of such contracts awarded
through means other than full and open competition.
(3) Defense health agency contract oversight.--With respect
to the period beginning on October 1, 2017, and ending on
September 30, 2022, the following:
(A) The staff of the Defense Health Agency
responsible for performing oversight of the contracts
specified in paragraphs (1) and (2), including the
following:
(i) The number of such staff.
(ii) Any professional training requirements
for such staff.
(iii) Any acquisition certifications or
accreditations held by such staff.
(B) Any office or other element of the Defense
Health Agency responsible for contract award,
administration, or oversight with respect to the
TRICARE program, including the organizational
structure, responsibilities, authorities, and key roles
of each such office or element.
(C) The process used by the Director of the Defense
Health Agency for determining staffing needs and
competencies relating to contract award,
administration, or oversight with respect to the
TRICARE program.
(c) Interim Briefing; Report.--
(1) Interim briefing.--Not later than one year after the
date of the enactment of this Act, the Comptroller General
shall provide to the Committees on Armed Services of the House
of Representatives and the Senate an interim briefing on the
study under subsection (a).
(2) Report.--Not later than two years after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committees on Armed Services of the House of
Representatives and the Senate a report containing the results
of the study under subsection (a).
SEC. 709. GAO STUDY ON COVERAGE OF MENTAL HEALTH SERVICES UNDER TRICARE
PROGRAM AND RELATIONSHIP TO CERTAIN MENTAL HEALTH PARITY
LAWS.
(a) Study and Report Required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of the
United States shall--
(1) conduct a study to describe--
(A) coverage of mental health services under the
TRICARE program;
(B) any limits on such coverage that are not also
imposed on health services other than mental health
services under the TRICARE program; and
(C) the efforts of the Department of Defense to
align coverage of mental health services under the
TRICARE program with coverage requirements under mental
health parity laws; and
(2) submit to the Secretary of Defense, the congressional
defense committees, and (with respect to any findings
concerning the Coast Guard when it is not operating as a
service in the Department of the Navy), the Secretary of
Homeland Security, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the
Senate a report containing the findings of such study.
(b) Definitions.--In this section:
(1) The term ``mental health parity laws'' means--
(A) section 2726 of the Public Health Service Act
(42 U.S.C. 300gg-26);
(B) section 712 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1185a);
(C) section 9812 of the Internal Revenue Code of
1986 (26 U.S.C. 9812); or
(D) any other Federal law that applies the
requirements under any of the sections described in
subparagraph (A), (B), or (C), or requirements that are
substantially similar to those provided under any such
section, as determined by the Comptroller General.
(2) The term ``TRICARE program'' has the meaning given such
term in section 1072 of title 10, United States Code.
Subtitle B--Health Care Administration
SEC. 711. ACCOUNTABILITY FOR WOUNDED WARRIORS UNDERGOING DISABILITY
EVALUATION.
(a) Policy.--Not later than April 1, 2023, the Secretary of
Defense, in consultation with the Secretaries concerned, shall
establish a policy to ensure accountability for actions taken under the
authorities of the Defense Health Agency and the Armed Forces,
respectively, concerning wounded, ill, and injured members of the Armed
Forces during the integrated disability evaluation system process. Such
policy shall include the following:
(1) A restatement of the requirement that, in accordance
with section 1216(b) of title 10, United States Code, a
determination of fitness for duty of a member of the Armed
Forces under chapter 61 of title 10, United States Code, is the
responsibility of the Secretary concerned.
(2) A description of the role of the Director of the
Defense Health Agency in supporting the Secretaries concerned
in carrying out determinations of fitness for duty as specified
in paragraph (1).
(3) A description of how the medical evaluation board
processes of the Armed Forces are integrated with the Defense
Health Agency, including with respect to case management,
appointments, and other relevant matters.
(4) A requirement that, in determining fitness for duty of
a member of the Armed Forces under chapter 61 of title 10,
United States Code, the Secretary concerned shall consider the
results of any medical evaluation of the member provided under
the authority of the Defense Health Agency pursuant to section
1073c of title 10, United States Code.
(5) A description of how the Director of the Defense Health
Agency adheres to the medical evaluation processes of the Armed
Forces, including an identification of each applicable
regulation or policy to which the Director is required to so
adhere.
(6) An assessment of the feasibility of affording various
additional due process protections to members of the Armed
Forces undergoing the medical evaluation board process.
(7) A restatement of the requirement that wounded, ill, and
injured members of the Armed Forces may not be denied any due
process protection afforded under applicable law or regulation
of the Department of Defense or the Armed Forces.
(8) A description of the types of due process protections
specified in paragraph (7), including an identification of each
specific due process protection.
(b) Clarification of Responsibilities Regarding Medical Evaluation
Boards.--Section 1073c of title 10, United States Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Rule of Construction Regarding Secretaries Concerned and
Medical Evaluation Boards.--Nothing in this section shall be construed
as transferring to the Director of the Defense Health Agency, or
otherwise revoking, any authority or responsibility of the Secretary
concerned under chapter 61 of this title with respect to a member of
the armed forces (including with respect to the administration of
morale and welfare and the determination of fitness for duty for the
member) while the member is being considered by a medical evaluation
board.''.
(c) Briefing.--Not later than February 1, 2023, the Secretary of
Defense shall provide to the Committees on Armed Services of the House
of Representatives and the Senate a briefing on the status of the
implementation of subsections (a) and (b).
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a report on the implementation of subsections (a) and (b),
lessons learned as a result of such implementation, and the
recommendations of the Secretary relating to the policy on wounded,
ill, and injured members of the Armed Forces undergoing the integrated
disability evaluation system process.
(e) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section 101
of title 10, United States Code.
SEC. 712. INCLUSION OF LEVEL THREE TRAUMA CARE CAPABILITIES IN
REQUIREMENTS FOR MEDICAL CENTERS.
Section 1073d(b)(3) of title 10, United States Code, is amended by
striking ``or level two'' and inserting ``, level two, or level
three''.
SEC. 713. CENTERS OF EXCELLENCE FOR SPECIALTY CARE IN MILITARY HEALTH
SYSTEM.
(a) Centers of Excellence.--Section 1073d(b)(4) of title 10, United
States Code, is amended to read as follows:
``(4)(A) The Secretary shall designate certain major medical
centers as regional centers of excellence for the provision of
specialty care services in the areas of specialty care described in
subparagraph (D). A major medical center may be designated as a center
of excellence under this subparagraph for more than one such area of
specialty care.
``(B) The Secretary may designate certain medical centers as
satellite centers of excellence for the provision of specialty care
services for specific conditions, such as the following:
``(i) Post-traumatic stress.
``(ii) Traumatic brain injury.
``(iii) Such other conditions as the Secretary determines
appropriate.
``(C) Centers of excellence designated under this paragraph shall
serve the purposes of--
``(i) ensuring the military medical force readiness of the
Department of Defense and the medical readiness of the armed
forces;
``(ii) improving the quality of health care furnished by
the Secretary to eligible beneficiaries; and
``(iii) improving health outcomes for eligible
beneficiaries.
``(D) The areas of specialty care described in this subparagraph
are as follows:
``(i) Oncology.
``(ii) Burn injuries and wound care.
``(iii) Rehabilitation medicine.
``(iv) Psychological health and traumatic brain injury.
``(v) Amputations and prosthetics.
``(vi) Neurosurgery.
``(vii) Orthopedic care.
``(viii) Substance abuse.
``(ix) Infectious diseases and preventive medicine.
``(x) Cardiothoracic surgery.
``(xi) Such other areas of specialty care as the Secretary
determines appropriate.
``(E)(i) Centers of excellence designated under this paragraph
shall be the primary source within the military health system for the
receipt by eligible beneficiaries of specialty care.
``(ii) Eligible beneficiaries seeking a specialty care service
through the military health system shall be referred to a center of
excellence designated under subparagraph (A) for that area of specialty
care or, if the specialty care service sought is unavailable at such
center, to an appropriate specialty care provider in the private
sector.
``(F) Not later than 90 days prior to the designation of a center
of excellence under this paragraph, the Secretary shall notify the
Committees on Armed Services of the House of Representatives and the
Senate of such designation.
``(G) In this paragraph, the term `eligible beneficiary' means any
beneficiary under this chapter.''.
(b) Deadline.--The Secretary of Defense shall designate certain
major medical centers as regional centers of excellence in accordance
with section 1073d(b)(4)(A) of title 10, United States Code, as added
by subsection (a), by not later than one year after the date of the
enactment of this Act.
(c) Report.--
(1) Submission.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a report that sets forth the
plan of the Department of Defense to designate centers of
excellence under section 1073d(b)(4) of title 10, United States
Code, as added by subsection (a).
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A list of the centers of excellence to be
designated under such section 1073d(b)(4) and the
locations of such centers.
(B) A description of the specialty care services to
be provided at each such center and a staffing plan for
each such center.
(C) A description of how each such center shall
improve--
(i) the military medical force readiness of
the Department and the medical readiness of the
Armed Forces;
(ii) the quality of care received by
eligible beneficiaries; and
(iii) the health outcomes of eligible
beneficiaries.
(D) A comprehensive plan for the referral of
eligible beneficiaries for specialty care services at
centers of excellence designated under such section
1073d(b)(4) and appropriate specialty care providers in
the private sector.
(E) A plan to assist eligible beneficiaries with
travel and lodging, if necessary, in connection with
the receipt of specialty care services at centers of
excellence designated under such section 1073d(b)(4) or
appropriate specialty care providers in the private
sector.
(F) A plan to transfer specialty care providers of
the Department to centers of excellence designated
under such section 1073d(b)(4), in a number as
determined by the Secretary to be required to provide
specialty care services to eligible beneficiaries at
such centers.
(G) A plan to monitor access to care, beneficiary
satisfaction, experience of care, and clinical outcomes
to understand better the impact of such centers on the
health care of eligible beneficiaries.
(d) Eligible Beneficiary Defined.--In this section, the term
``eligible beneficiary'' means any beneficiary under chapter 55 of
title 10, United States Code.
SEC. 714. MAINTENANCE OF CORE CASUALTY RECEIVING FACILITIES TO IMPROVE
MEDICAL FORCE READINESS.
(a) In General.--Section 1073d(b) of title 10, United States Code,
as amended by section 713, is further amended by adding at the end the
following new paragraph:
``(5)(A) The Secretary of Defense shall designate and maintain
certain military medical treatment facilities as core casualty
receiving facilities, to ensure the medical capability and capacity
required to diagnose, treat, and rehabilitate large volumes of combat
casualties and, as may be directed by the President or the Secretary,
provide a medical response to events the President determines or
declares as natural disasters, mass casualty events, or other national
emergencies.
``(B) The Secretary shall ensure that the military medical
treatment facilities selected for designation pursuant to subparagraph
(A) are geographically located to facilitate the aeromedical evacuation
of casualties from theaters of operations.
``(C) The Secretary--
``(i) shall ensure that the Secretaries of the military
departments assign military personnel to core casualty
receiving facilities designated under subparagraph (A) at not
less than 90 percent of the staffing level required to maintain
the operating bed capacity necessary to support operation
planning requirements;
``(ii) may augment the staffing of military personnel at
core casualty receiving facilities under subparagraph (A) with
civilian employees of the Department of Defense to fulfil the
staffing requirement under clause (i); and
``(iii) shall ensure that each core casualty receiving
facility under subparagraph (A) is staffed with a civilian
Chief Financial Officer and a civilian Chief Operating Officer
with experience in the management of civilian hospital systems,
for the purpose of ensuring continuity in the management of the
facility.
``(D) In this paragraph:
``(i) The term `core casualty receiving facility' means a
Role 4 medical treatment facility that serves as a medical hub
for the receipt and treatment of casualties, including civilian
casualties, that may result from combat or from an event the
President determines or declares as a natural disaster, mass
casualty event, or other national emergency.
``(ii) The term `Role 4 medical treatment facility' means a
medical treatment facility that provides the full range of
preventative, curative, acute, convalescent, restorative, and
rehabilitative care.''.
(b) Timeline for Establishment.--
(1) Designation.--Not later than October 1, 2024, the
Secretary of Defense shall designate four military medical
treatment facilities as core casualty receiving facilities
under section 1073d(b)(5) of title 10, United States Code (as
added by subsection (a)).
(2) Operational.--Not later than October 1, 2025, the
Secretary shall ensure that each such designated military
medical treatment facility is fully staffed and operational as
a core casualty receiving facility, in accordance with the
requirements of such section 1073d(b)(5).
SEC. 715. CONGRESSIONAL NOTIFICATION REQUIREMENT TO MODIFY SCOPE OF
SERVICES PROVIDED AT MILITARY MEDICAL TREATMENT
FACILITIES.
Section 1073d of title 10, United States Code, as amended by
section 714, is further amended by adding at the end the following new
subsection:
``(f) Notification Required to Modify Scope of Services Provided at
Military Medical Treatment Facilities.--(1) The Secretary of Defense
may not modify the scope of medical care provided at a military medical
treatment facility, or the beneficiary population served at the
facility, unless--
``(A) the Secretary submits to the Committees on Armed
Services of the House of Representatives and the Senate a
notification of the proposed modification in scope;
``(B) a period of 180 days has elapsed following the date
on which the Secretary submits such notification; and
``(C) if the proposed modification in scope involves the
termination or reduction of inpatient capabilities at a
military medical treatment facility located outside the United
States, the Secretary has provided to each member of the armed
forces or covered beneficiary receiving services at such
facility a transition plan for the continuity of health care
for such member or covered beneficiary.
``(2) Each notification under paragraph (1) shall contain
information demonstrating, with respect to the military medical
treatment facility for which the modification in scope has been
proposed, the extent to which the commander of the military
installation at which the facility is located has been consulted
regarding such modification, to ensure that the proposed modification
in scope would have no impact on the operational plan for such
installation.''.
SEC. 716. IMPROVEMENTS TO PROCESSES TO REDUCE FINANCIAL HARM CAUSED TO
CIVILIANS FOR CARE PROVIDED AT MILITARY MEDICAL TREATMENT
FACILITIES.
(a) Clarification of Fee Waiver Process.--Section 1079b of title
10, United States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b) Waiver of Fees.--The Director of the Defense Health Agency
may issue a waiver for a fee that would otherwise be charged under the
procedures implemented under subsection (a) to a civilian provided
medical care who is not a covered beneficiary if the provision of such
care enhances the knowledge, skills, and abilities of health care
providers, as determined by the Director of the Defense Health
Agency.''; and
(2) by redesignating subsection (c) as subsection (d).
(b) Modified Payment Plan for Certain Civilians.--Such section is
further amended--
(1) by inserting after subsection (b), as amended by
subsection (a), the following:
``(c) Modified Payment Plan for Certain Civilians.--(1)(A) If a
civilian specified in subsection (a) is covered by a covered payer at
the time care under this section is provided, the civilian shall only
be responsible to pay the standard copays, coinsurance, deductibles, or
nominal fees that are otherwise applicable under the covered payer
plan.
``(B) Except with respect to the copays, coinsurance, deductibles,
and nominal fees specified in subparagraph (A)--
``(i) the Secretary of Defense may bill only the covered
payer for care provided to a civilian described in subparagraph
(A); and
``(ii) payment received by the Secretary from the covered
payer of a civilian for care provided under this section that
is provided to the civilian shall be considered payment in full
for such care.
``(2) If a civilian specified in subsection (a) does not meet the
criteria under paragraph (1), is underinsured, or has a remaining
balance and is at risk of financial harm, the Director of the Defense
Health Agency shall reduce each fee that would otherwise be charged to
the civilian under this section according to a sliding fee discount
program, as prescribed by the Director of the Defense Health Agency.
``(3) If a civilian specified in subsection (a) does not meet the
criteria under paragraph (1) or (2), the Director of the Defense Health
Agency shall implement an additional catastrophic waiver to prevent
severe financial harm.
``(4) The modified payment plan under this subsection may not be
administered by a Federal agency other than the Department of
Defense.''; and
(2) by adding at the end the following new subsection:
``(e) Definitions.--In this section:
``(1) The term `covered payer' means a third-party payer or
other insurance, medical service, or health plan.
``(2) The terms `third-party payer' and `insurance, medical
service, or health plan' have the meaning given those terms in
section 1095(h) of this title.''.
(c) Applicability.--The amendments made by subsections (a) and (b)
shall apply with respect to care provided on or after the date that is
180 days after the date of the enactment of this Act.
SEC. 717. AUTHORITY TO CARRY OUT STUDIES AND DEMONSTRATION PROJECTS
RELATING TO DELIVERY OF HEALTH AND MEDICAL CARE THROUGH
USE OF OTHER TRANSACTION AUTHORITY.
(a) In General.--Section 1092(b) of title 10, United States Code,
is amended by inserting ``or transactions (other than contracts,
cooperative agreements, and grants)'' after ``contracts''.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on how the Secretary intends to use the
authority to enter into transactions under section 1092(b) of title 10,
United States Code, as amended by subsection (a).
SEC. 718. LICENSURE REQUIREMENT FOR CERTAIN HEALTH-CARE PROFESSIONALS
PROVIDING SERVICES AS PART OF MISSION RELATING TO
EMERGENCY, HUMANITARIAN, OR REFUGEE ASSISTANCE.
Section 1094(d)(2) of title 10, United States Code, is amended by
inserting `` contractor not covered under section 1091 of this title
who is providing medical treatment as part of a mission relating to
emergency, humanitarian, or refugee assistance,'' after ``section 1091
of this title,''.
SEC. 719. AUTHORIZATION OF PERMANENT PROGRAM TO IMPROVE OPIOID
MANAGEMENT IN THE MILITARY HEALTH SYSTEM.
Section 716 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 1090 note), is
amended--
(1) in subsection (a)(1), by striking ``Beginning not'' and
inserting ``Except as provided in subsection (e), beginning
not'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new
subsection (e):
``(e) Alternative Initiative to Improve Opioid Management.--As an
alternative to the pilot program under this section, the Director of
the Defense Health Agency, not later than January 1, 2023--
``(1) may implement a permanent program to improve opioid
management for beneficiaries under the TRICARE program; and
``(2) if the Director decides to implement such a permanent
program, shall submit to the Committees on Armed Services of
the Senate and the House of Representatives the specifications
of and reasons for implementing such program.''.
SEC. 720. MODIFICATION OF REQUIREMENT TO TRANSFER RESEARCH AND
DEVELOPMENT AND PUBLIC HEALTH FUNCTIONS TO DEFENSE HEALTH
AGENCY.
(a) Temporary Retention.--Notwithstanding section 1073c(e) of title
10, United States Code, at the discretion of the Secretary of Defense,
a military department may retain, until not later than February 1,
2024, a covered function if the Secretary of Defense determines the
covered function--
(1) addresses a need that is unique to the military
department; and
(2) is in direct support of operating forces and necessary
to execute strategies relating to national security and
defense.
(b) Briefing.--
(1) In general.--Not later than March 1, 2023, the
Secretary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a
briefing on any covered function that the Secretary has
determined should be retained by a military department pursuant
to subsection (a).
(2) Elements.--The briefing required by paragraph (1) shall
address the following:
(A) A description of each covered function that the
Secretary has determined should be retained by a
military department pursuant to subsection (a).
(B) The rationale for each such determination.
(C) Recommendations for amendments to section 1073c
of title 10, United States Code, to authorize the
ongoing retention of covered functions by military
departments.
(c) Modification to Names of Public Health Commands.--Section
1073c(e)(2)(B) of title 10, United States Code, is amended by striking
``Army Public Health Command, the Navy-Marine Corps Public Health
Command'' and inserting ``Army Public Health Center, the Navy-Marine
Corps Public Health Center''.
(d) Covered Function Defined.--In this section, the term ``covered
function'' means--
(1) a function relating to research and development that
would otherwise be transferred to the Defense Health Agency
Research and Development pursuant to section 1073c(e)(1) of
title 10, United States Code; or
(2) a function relating to public health that would
otherwise be transferred to the Defense Health Agency Public
Health pursuant to section 1073c(e)(2) of such title.
SEC. 721. ACCESS TO CERTAIN DEPENDENT MEDICAL RECORDS BY REMARRIED
FORMER SPOUSES.
(a) Access.--The Secretary of Defense may authorize a remarried
former spouse who is a custodial parent of a dependent child to retain
electronic access to the privileged medical records of such dependent
child, notwithstanding that the former spouse is no longer a dependent
under section 1072(2) of title 10, United States Code.
(b) Definitions.--In this section:
(1) The term ``dependent'' has the meaning given that term
in section 1072 of title 10, United States Code.
(2) The term ``dependent child'' means a dependent child of
a remarried former spouse and a member or former member of a
uniformed service.
(3) The term ``remarried former spouse'' means a remarried
former spouse of a member or former member of a uniformed
service.
SEC. 722. AUTHORITY FOR DEPARTMENT OF DEFENSE PROGRAM TO PROMOTE EARLY
LITERACY AMONG CERTAIN YOUNG CHILDREN.
(a) Authority.--The Secretary of Defense may carry out a program to
promote early literacy among young children in child development
centers and libraries located on installations of the Department of
Defense.
(b) Activities.--Activities under the program under subsection (a)
shall include the following:
(1) The provision of training on early literacy promotion
to appropriate personnel of the Department.
(2) The purchase and distribution of age-appropriate books
to covered caregivers assigned to or serving at an installation
of the Department with a child development center or library at
which the Secretary is carrying out the program.
(3) The dissemination to covered caregivers of education
materials on early literacy.
(4) Such other activities as the Secretary determines
appropriate.
(c) Locations.--In carrying out the program under subsection (a),
the Secretary may conduct the activities under subsection (b) at any
child development center or library located on an installation of the
Department.
(d) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary shall provide to the Committees on
Armed Services of the House of Representatives and the Senate a
briefing on the extent to which the authority under subsection (a) is
used, including--
(1) a description of any activities carried out under the
program so authorized; and
(2) an evaluation of the potential expansion of such
program to be included as a part of the pediatric primary care
of young children and to be carried out in military medical
treatment facilities.
(b) Definitions.--In this section:
(1) The term ``covered caregiver'' means a member of the
Armed Forces who is a caregiver of a young child.
(2) The term ``young child'' means any child from birth to
the age of five years old, inclusive.
SEC. 723. PLAN FOR ACCOUNTABLE CARE ORGANIZATION DEMONSTRATION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Director of the Defense Health Agency, shall submit to the Committees
on Armed Services of the House of Representatives and the Senate a plan
for the conduct of the Accountable Care Organization demonstration,
notice of which was published in the Federal Register on August 16,
2019 (84 Fed. Reg. 41974), (in this section referred to as the
``Demonstration'').
(b) Elements.--The plan under subsection (a) shall include, the
following:
(1) A description of how the Demonstration shall be
conducted to deliver improved health outcomes, improved quality
of care, and lower costs under the TRICARE program.
(2) A description of the results for the TRICARE program
that the Secretary plans to achieve through the Demonstration,
with respect to the following outcome measures:
(A) Clinical performance.
(B) Utilization improvement.
(C) Beneficiary engagement.
(D) Membership growth and retention.
(E) Case management.
(F) Continuity of care.
(G) Use of telehealth.
(3) A description of how the Demonstration shall be
conducted to shift financial risk from the Department of
Defense to civilian health care providers.
(4) A description of how investment in the Demonstration
shall serve as a bridge to future competitive demonstrations of
the Department of Defense with accountable care organizations.
(5) A detailed description of the geographic locations at
which the Secretary plans to conduct such future competitive
demonstrations.
(6) A description of how a third-party administrator shall
manage the administrative components of the Demonstration,
including with respect to eligibility, enrollment, premium
payment processes, submission of qualifying life events
changes, and mailing address changes.
(c) TRICARE Program Defined.--In this section, the term ``TRICARE
program'' has the meaning given that term in section 1072 of title 10,
United States Code.
SEC. 724. FEASIBILITY STUDY AND PLAN ON ESTABLISHING A MILITARY HEALTH
SYSTEM MEDICAL LOGISTICS DIRECTORATE AND MILITARY HEALTH
SYSTEM EDUCATION AND TRAINING DIRECTORATE.
(a) Study and Plan.--The Secretary of Defense, in consultation with
the Secretaries of the military departments and the Joint Chiefs of
Staff, shall--
(1) conduct a study on the feasibility of the establishment
within the Defense Health Agency of two subordinate
organizations, to be known as the Military Health System
Medical Logistics Directorate and the Military Health System
Education and Training Directorate, respectively; and
(2) develop a plan for such establishment.
(b) Elements.--The plan under subsection (a)(2) shall include the
following:
(1) Military health system medical logistics directorate.--
With respect to the Military Health System Medical Logistics
Directorate, the following:
(A) A description of the organizational structure
of the Directorate (including any subordinate
organizations), including the incorporation into the
Directorate of existing organizations of the military
departments that provide operational theater medical
materiel support.
(B) A description of the resourcing by the
Secretary of the executive leadership of the
Directorate.
(C) A description of the geographic location, or
multiple such locations, of the elements of the
Directorate.
(D) A description of how the head of the medical
research and development organization within the
Defense Health Agency shall coordinate with the
Directorate.
(E) A description of the ability of the Directorate
to address the medical logistics requirements of the
military departments, the combatant commands, and the
Joint Staff.
(F) A description of any additional funding
required to establish the Directorate.
(G) A description of any additional legislative
authorities required to establish the Directorate,
including any such authorities required for the
leadership and direction of the Directorate.
(H) A description of any military department-
specific capabilities, requirements, or best practices
relating to medical logistics necessary to be
considered prior to the establishment of the
Directorate.
(I) Such other matters relating to the
establishment, operations, or activities of the
Directorate as the Secretary may determine appropriate.
(2) Military health system education and training
directorate.--With respect to the Military Health System
Education and Training Directorate, the following:
(A) A description of the organizational structure
of the Directorate (including any subordinate
organizations), including the incorporation into the
Directorate of existing organizations that provide
relevant medical education and training, such as the
following:
(i) The Uniformed Services University of
the Health Sciences.
(ii) The College of Allied Health Sciences
of the Uniformed Services University of the
Health Sciences.
(iii) The Medical Education and Training
Campus of the Department of Defense.
(iv) The medical education and training
commands and organizations of the military
departments.
(v) The medical training programs of the
military departments affiliated with civilian
academic institutions.
(B) A description of the resourcing by the
Secretary of the executive leadership of the
Directorate.
(C) A description of the geographic location, or
multiple such locations, of the elements of the
Directorate.
(D) A description of the ability of the Directorate
to address the medical education and training
requirements of the military departments.
(E) A description of any additional funding
required for the establishment the Directorate.
(F) A description of any additional legislative
authorities required for the establishment of the
Directorate, including any such authorities required
for the leadership and direction of the Directorate.
(G) Such other matters relating to the
establishment, operations, or activities of the
Directorate as the Secretary may determine appropriate.
(c) Submission.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate--
(1) the results of the study under subsection (a)(1); and
(2) the plan under subsection (a)(2).
Subtitle C--Reports and Other Matters
SEC. 731. BRIEFING AND REPORT ON REDUCTION OR REALIGNMENT OF MILITARY
MEDICAL MANNING AND MEDICAL BILLETS.
Section 731(a)(2)(A) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1796) is amended to read
as follows:
``(A) Briefing; report.--The Comptroller General of
the United States shall--
``(i) not later than February 1, 2023,
provide to the Committees on Armed Services of
the House of Representatives and the Senate a
briefing on preliminary observations regarding
the analyses used to support any reduction or
realignment of military medical manning,
including any reduction or realignment of
medical billets of the military departments;
and
``(ii) not later than May 31, 2023, submit
to the Committees on Armed Services of the
House of Representatives and the Senate a
report on such analyses.''.
SEC. 732. INDEPENDENT ANALYSIS OF DEPARTMENT OF DEFENSE COMPREHENSIVE
AUTISM CARE DEMONSTRATION PROGRAM.
Section 737 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1800) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A)--
(i) by inserting ``broadly'' after
``disorder''; and
(ii) by striking ``demonstration project''
and inserting ``demonstration program'';
(B) in subparagraph (B), by striking
``demonstration project'' and inserting ``demonstration
program'';
(C) in subparagraph (C), by inserting ``parental
involvement in applied behavioral analysis treatment,
and'' after ``including'';
(D) in subparagraph (D), by striking ``for an
individual who has'' and inserting ``, including mental
health outcomes, for individuals who have'';
(E) in subparagraph (E), by inserting ``since its
inception'' after ``demonstration program'';
(F) in subparagraph (F), by inserting ``cost
effectiveness, program effectiveness, and clinical''
after ``measure the'';
(G) in subparagraph (G), by inserting ``than in the
general population'' after ``families'';
(H) by redesignating subparagraph (H) as
subparagraph (I); and
(I) by inserting after subparagraph (G) the
following new subparagraph (H):
``(H) An analysis of whether the diagnosis and
treatment of autism is higher among the children of
military families than in the general population.'';
and
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``nine'' and inserting ``31''.
SEC. 733. CLARIFICATION OF MEMBERSHIP REQUIREMENTS AND COMPENSATION
AUTHORITY FOR INDEPENDENT SUICIDE PREVENTION AND RESPONSE
REVIEW COMMITTEE.
Section 738 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1801) is amended--
(1) in subsection (b)(3), by striking ``none of whom may
be'' and all that follows through the closing period and
inserting ``none of whom may be--''
``(A) a member of an Armed Force; or
``(B) a civilian employee of the Department of
Defense, unless the individual is a former member of an
Armed Force.''.
(2) by redesignating subsections (f) through (h) as
subsections (g) through (i), respectively; and
(3) by inserting after subsection (e) the following new
subsection (f):
``(f) Compensation.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary may compensate members of the committee established
under subsection (a) for the work of such members for the
committee.
``(2) Exception.--A member of the committee established
under subsection (a) who is a civilian employee of the
Department of Defense and a former member of an Armed Force may
not receive compensation under paragraph (1).
``(3) Treatment of compensation.--A member of the committee
established under subsection (a) who receives compensation
under paragraph (1) shall not be considered a civilian employee
of the Department of Defense for purposes of subsection
(b)(3)(B).''.
SEC. 734. TERMINATION OF VETERANS' ADVISORY BOARD ON RADIATION DOSE
RECONSTRUCTION.
Section 601 of the Veterans Benefit Act of 2003 (Public Law 108-
183; 38 U.S.C. 1154 note) is amended--
(1) in subsection (b), by striking ``, including the
establishment of the advisory board required by subsection
(c)''; and
(2) by striking subsection (c).
SEC. 735. BRAIN HEALTH INITIATIVE OF DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense, in consultation with the
Secretaries concerned, shall establish a comprehensive initiative for
brain health to be known as the ``Warfighter Brain Health Initiative''
(in this section referred to as the ``Initiative'') for the purpose of
unifying efforts and programs across the Department of Defense to
improve the cognitive performance and brain health of members of the
Armed Forces.
(b) Objectives.--The objectives of the Initiative shall be the
following:
(1) To enhance, maintain, and restore the cognitive
performance of members of the Armed Forces through education,
training, prevention, protection, monitoring, detection,
diagnosis, treatment, and rehabilitation, including through the
following activities:
(A) The establishment of a program to monitor
cognitive brain health across the Department of
Defense, with the goal of detecting any need for
cognitive enhancement or restoration resulting from
potential brain exposures of members of Armed Forces,
to mitigate possible evolution of injury or disease
progression.
(B) The identification and dissemination of
thresholds for blast pressure safety and associated
emerging scientific evidence.
(C) The modification of high-risk training and
operational activities to mitigate the negative effects
of repetitive blast exposure.
(D) The identification of individuals who perform
high-risk training or occupational activities, for
purposes of increased monitoring of the brain health of
such individuals.
(E) The development and operational fielding of
non-invasive, portable, point-of-care medical devices,
to inform the diagnosis and treatment of traumatic
brain injury.
(F) The establishment of a standardized monitoring
program that documents and analyzes blast exposures
that may affect the brain health of members of the
Armed Forces.
(G) The consideration of the findings and
recommendations of the report of the National Academies
of Science, Engineering, and Medicine titled
``Traumatic Brain Injury: A Roadmap for Accelerating
Progress'' and published in 2022 (relating to the
acceleration of progress in traumatic brain injury
research and care), or any successor report, in
relation to the activities of the Department relating
to brain health, as applicable.
(2) To harmonize and prioritize the efforts of the
Department of Defense into a single approach to brain health.
(c) Annual Budget Justification Documents.--In the budget
justification materials submitted to Congress in support of the
Department of Defense budget for each of fiscal years 2025 through 2029
(as submitted with the budget of the President under section 1105(a) of
title 31, United States Code), the Secretary of Defense shall include a
budget justification display that includes all activities of the
Department relating to the Initiative.
(d) Pilot Program Relating to Monitoring of Blast Coverage.--
(1) Authority.--The Director of the Defense Health Agency
may conduct, as part of the Initiative, a pilot program under
which the Director shall monitor blast overpressure exposure
through the use of commercially available, off-the-shelf,
wearable sensors, and document and evaluate data collected as a
result of such monitoring.
(2) Locations.--Monitoring activities under a pilot program
conducted pursuant to paragraph (1) shall be carried out in
each training environment that the Director determines poses a
risk for blast overpressure exposure.
(3) Documentation and sharing of data.--If the Director
conducts a pilot program pursuant to paragraph (1), the
Director shall--
(A) ensure that any data collected pursuant to such
pilot program that is related to the health effects of
the blast overpressure exposure of a member of the
Armed Forces who participated in the pilot program is
documented and maintained by the Secretary of Defense
in an electronic health record for the member; and
(B) to the extent practicable, and in accordance
with applicable provisions of law relating to data
privacy, make data collected pursuant to such pilot
program available to other academic and medical
researchers for the purpose of informing future
research and treatment options.
(e) Strategy and Implementation Plan.--Not later than one year
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the House of
Representatives and the Senate a report setting forth a strategy and
implementation plan of the Department of Defense to achieve the
objectives of the Initiative under subsection (b).
(f) Annual Briefings.--Not later than January 31, 2024, and
annually thereafter until January 31, 2027, the Secretary of Defense
shall provide to the Committees on Armed Services of the House of
Representatives and the Senate a report on the Initiative that includes
the following:
(1) A description of the activities taken under the
Initiative and resources expended under the Initiative during
the prior fiscal year.
(2) A summary of the progress made during the prior fiscal
year with respect to the objectives of the Initiative under
subsection (b).
(g) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section 101
of title 10, United States Code.
SEC. 736. ESTABLISHMENT OF PARTNERSHIP PROGRAM BETWEEN UNITED STATES
AND UKRAINE FOR MILITARY TRAUMA CARE AND RESEARCH.
Not later than February 24, 2023, the Secretary of Defense shall
seek to enter into a partnership with the appropriate counterpart from
the Government of Ukraine for the establishment of a joint program on
military trauma care and research. Such program shall consist of the
following:
(1) The sharing of relevant lessons learned from the Russo-
Ukraine War.
(2) The conduct of relevant joint conferences and exchanges
with military medical professionals from Ukraine and the United
States.
(3) Collaboration with the armed forces of Ukraine on
matters relating to health policy, health administration, and
medical supplies and equipment, including through knowledge
exchanges.
(4) The conduct of joint research and development on the
health effects of new and emerging weapons.
(5) The entrance into agreements with military medical
schools of Ukraine for reciprocal education programs under
which students at the Uniformed Services University of the
Health Sciences receive specialized military medical
instruction at the such military medical schools of Ukraine and
military medical personnel of Ukraine receive specialized
military medical instruction at the Uniformed Services
University of the Health Sciences, pursuant to section 2114(f)
of title 10, United States Code.
(6) The provision of support to Ukraine for the purpose of
facilitating the establishment in Ukraine of a program
substantially similar to the Wounded Warrior Program in the
United States.
(7) The provision of training to the armed forces of
Ukraine in the following areas:
(A) Health matters relating to chemical,
biological, radiological, nuclear and explosive
weapons.
(B) Preventive medicine and infectious disease.
(C) Post traumatic stress disorder.
(D) Suicide prevention.
(8) The maintenance of a list of medical supplies and
equipment needed.
(9) Such other elements as the Secretary of Defense may
determine appropriate.
SEC. 737. IMPROVEMENTS RELATING TO BEHAVIORAL HEALTH CARE AVAILABLE
UNDER MILITARY HEALTH SYSTEM.
(a) Study Relating to Uniformed Services University of the Health
Science.--
(1) Study.--The Secretary of Defense shall conduct a study
on the feasibility and advisability of the following:
(A) Establishing graduate degree-granting programs
in counseling and social work at the Uniformed Services
University of the Health Sciences.
(B) Expanding the clinical psychology graduate
program of the Uniformed Services University of the
Health Sciences.
(2) Matters.--The study under paragraph (1) shall include a
description of--
(A) the process by which, as a condition of
enrolling in a degree-granting program specified in
such paragraph, a civilian student would be required to
commit to post-award employment obligations; and
(B) the processes and consequences that would apply
if such obligations are not met.
(3) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report containing the findings of the study
under paragraph (1).
(b) Pilot Program on Scholarship-for-service for Civilian
Behavioral Health Providers.--
(1) Pilot program.--Not later than two years after the date
of the enactment of this Act, the Secretary of Defense shall
commence the conduct of a pilot program under which--
(A) the Secretary may provide--
(i) scholarships to cover tuition and
related fees at an institution of higher
education to an individual enrolled in a
program of study leading to a graduate degree
in clinical psychology, social work,
counseling, or a related field (as determined
by the Secretary); and
(ii) student loan repayment assistance to a
credentialed behavioral health provider who has
a graduate degree in clinical psychology,
social work, counseling, or a related field (as
determined by the Secretary); and
(B) in exchange for such assistance, the recipient
shall commit to work as a covered civilian behavioral
health provider in accordance with paragraph (2).
(2) Post-award employment obligations.--
(A) In general.--Subject to subparagraph (B), as a
condition of receiving assistance under paragraph (1),
the recipient of such assistance shall enter into an
agreement with the Secretary of Defense pursuant to
which the recipient agrees to work on a full-time basis
as a covered civilian behavioral health provider for a
period of a duration that is at least equivalent to the
period during which the recipient received assistance
under such paragraph.
(B) Other terms and conditions.--An agreement
entered into pursuant to subparagraph (A) may include
such other terms and conditions as the Secretary of
Defense may determine necessary to protect the
interests of the United States or otherwise appropriate
for purposes of this section, including terms and
conditions providing for limited exceptions from the
post-award employment obligation specified in such
subparagraph.
(3) Repayment.--
(A) In general.--An individual who receives
assistance under paragraph (1) and does not complete
the employment obligation required under the agreement
entered into pursuant to paragraph (2) shall repay to
the Secretary of Defense a prorated portion of the
financial assistance received by the individual under
paragraph (1).
(B) Determination of amount.--The amount of any
repayment required under subparagraph (A) shall be
determined by the Secretary.
(4) Duration.--The authority to carry out the pilot program
under paragraph (1) shall terminate on the date that is 10
years after the date on which such pilot program commences.
(5) Implementation plan.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a plan for the implementation
of this section.
(6) Reports.--
(A) In general.--Not later than each of one year
and five years after the commencement of the pilot
program under paragraph (1), the Secretary of Defense
shall submit to the Committees on Armed Services of the
House of Representative and the Senate a report on the
pilot program.
(B) Elements.--Each report under subparagraph (A)
shall include, with respect to the pilot program under
subsection (1), the following:
(i) The number of students receiving
scholarships under the pilot program.
(ii) The institutions of higher education
at which such students are enrolled.
(iii) The total amount of financial
assistance expended under the pilot program per
academic year.
(iv) The average scholarship amount per
student under the pilot program.
(v) The number of students hired as covered
behavioral health providers pursuant to the
pilot program.
(vi) Any recommendations for terminating
the pilot program, extending the pilot program,
or making the pilot program permanent.
(c) Report on Behavioral Health Workforce.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall conduct
an analysis of the behavioral health workforce under the direct
care component of the military health system and submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report containing the results of such
analysis. Such report shall include, with respect to such
workforce, the following:
(A) The number of positions authorized for military
behavioral health providers within such workforce, and
the number of such positions filled, disaggregated by
the professions described in paragraph (2).
(B) The number of positions authorized for civilian
behavioral health providers within such workforce, and
the number of such positions filled, disaggregated by
the professions described in paragraph (2).
(C) For each military department, the ratio of
military behavioral health providers assigned to
military medical treatment facilities compared to
civilian behavioral health providers so assigned,
disaggregated by the professions described in paragraph
(2).
(D) For each military department, the number of
military behavioral health providers authorized to be
embedded within an operational unit, and the number of
such positions filled, disaggregated by the professions
described in paragraph (2).
(E) Data on the historical demand for behavioral
health services by members of the Armed Forces.
(F) An estimate of the number of health care
providers necessary to meet the demand by such members
for behavioral health care services under the direct
care component of the military health system,
disaggregated by provider type.
(G) An identification of any shortfall between the
estimated number under subparagraph (F) and the total
number of positions for behavioral health providers
filled within such workforce.
(H) Such other information as the Secretary may
determine appropriate.
(2) Provider types.--The professions described in this
paragraph are as follows:
(A) Clinical psychologists.
(B) Social workers.
(C) Counselors.
(D) Such other professions as the Secretary may
determine appropriate.
(3) Behavioral health workforce at remote locations.--In
conducting the analysis of the behavioral health workforce
under paragraph (1), the Secretary of Defense shall ensure such
behavioral health workforce at remote locations (including Guam
and Hawaii) and any shortfalls thereof, is taken into account.
(d) Plan to Address Shortfalls in Behavioral Health Workforce.--Not
later than one year after the date on which the report under subsection
(c) is submitted, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a plan to address any shortfall of the behavioral health
workforce identified under paragraph (1)(G) of such subsection. Such
plan shall address the following:
(1) With respect to any such shortfall of military
behavioral health providers (addressed separately with respect
to such providers assigned to military medical treatment
facilities and such providers assigned to be embedded within
operational units), the recruitment, accession, retention,
special pay and other aspects of compensation, workload, role
of the Uniformed Services University of the Health Sciences and
the Armed Forces Health Professions Scholarship Program under
chapter 105 of title 10, United States Code, any additional
authorities or resources necessary for the Secretary to
increase the number of such providers, and such other
considerations as the Secretary may consider appropriate.
(2) With respect to addressing any such shortfall of
civilian behavioral health providers, the recruitment, hiring,
retention, pay and benefits, workload, educational scholarship
programs, any additional authorities or resources necessary for
the Secretary to increase the number of such providers, and
such other considerations as the Secretary may consider
appropriate.
(3) A recommendation as to whether the number of military
behavioral health providers in each military department should
be increased, and if so, by how many.
(4) A plan to ensure that remote installations are
prioritized for the assignment of military behavioral health
providers.
(5) Updated access standards for behavioral health care
under the military health system, taking into account--
(A) the duration of time between a patient
receiving a referral for such care and the patient
receiving individualized treatment (following an
initial intake assessment) from a behavioral health
provider; and
(B) the frequency of regular follow-up appointments
subsequent to the first appointment at which a patient
receives such individualized treatment.
(6) A plan to expand access to behavioral health care under
the military health system using telehealth.
(e) Definitions.--In this section:
(1) The term ``behavioral health'' includes psychiatry,
clinical psychology, social work, counseling, and related
fields.
(2) The term ``civilian behavioral health provider'' means
a behavioral health provider who is a civilian employee of the
Department of Defense.
(3) The term ``counselor'' means an individual who holds--
(A) a master's or doctoral degree from an
accredited graduate program in--
(i) marriage and family therapy; or
(ii) clinical mental health counseling; and
(B) a current license or certification from a State
that grants the individual the authority to provide
counseling services as an independent practitioner in
the respective field of the individual.
(4) The term ``covered civilian behavioral health
provider'' means a civilian behavioral health provider whose
employment by the Secretary of Defense involves the provision
of behavioral health services at a military medical treatment
facility.
(5) The term ``institution of higher education'' has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(6) The term ``military behavioral health provider'' means
a behavioral health provider who is a member of the Armed
Forces.
(7) The term ``military installation'' has the meaning
given that term in section 2801 of title 10, United States
Code.
(8) The term ``military medical treatment facility'' means
a facility specified in section 1073d of such title.
(9) The term ``remote installation'' means a military
installation that the Secretary determines to be in a remote
location.
(10) The term ``State'' means each of the several States,
the District of Columbia, and each commonwealth, territory or
possession of the United States.
SEC. 738. CERTIFICATION PROGRAM IN PROVISION OF MENTAL HEALTH SERVICES
TO MEMBERS OF THE ARMED FORCES AND MILITARY FAMILIES.
(a) In General.--The Secretary of Defense, in consultation with the
President of the Uniformed Services University of the Health Sciences,
shall develop a curriculum and certification program to provide
civilian mental health professionals and students in mental health-
related disciplines with the specialized knowledge and skills necessary
to address the unique mental health needs of members of the Armed
Forces and military families.
(b) Implementation.--Not later than 90 days after completing the
development of the curriculum and certification program under
subsection (a), the Secretary of Defense shall implement such
curriculum and certification program in the Uniformed Services
University of the Health Sciences.
(c) Authority to Disseminate Best Practices.--The Secretary of
Defense may disseminate best practices based on the curriculum and
certification program developed and implemented under this section to
other institutions of higher education, as such term is defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
(d) Termination.--The authority to carry out the curriculum and
certification program under this section shall terminate on the date
that is five years after the date of the enactment of this Act.
(e) Briefing.--Not later than 180 days after the termination date
specified in subsection (d), the Secretary of Defense shall provide to
the Committees on Armed Services of the House of Representatives and
the Senate a briefing on the results of the curriculum and
certification program developed and implemented under this section.
SEC. 739. STANDARDIZATION OF POLICIES RELATING TO SERVICE IN ARMED
FORCES BY INDIVIDUALS DIAGNOSED WITH HBV.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretaries concerned, shall--
(1) review regulations, establish policies, and issue
guidance relating to service in the Armed Forces by individuals
diagnosed with HBV, consistent with the health care standards
and clinical guidelines of the Department of Defense; and
(2) identify areas where the regulations, policies, and
guidance of the Department relating to individuals diagnosed
with HBV (including with respect to enlistments, assignments,
deployments, and retention standards) may be standardized
across the Armed Forces.
(b) Definitions.--In this section:
(1) The term ``HBV'' means the Hepatitis B Virus.
(2) The term ``Secretary concerned'' has the meaning given
that term in section 101 of title 10, United States Code.
SEC. 740. SUICIDE CLUSTER: STANDARDIZED DEFINITION FOR USE BY
DEPARTMENT OF DEFENSE; CONGRESSIONAL NOTIFICATION.
(a) Standardization of Definition.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretaries concerned, shall develop, for use
across the Armed Forces, a standardized definition for the term
``suicide cluster''.
(b) Notification Required.--Beginning not later than one year after
the date of the enactment of this Act, whenever the Secretary
determines the occurrence of a suicide cluster (as that term is defined
pursuant to subsection (a)) among members of the Armed Forces, the
Secretary shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a notification of such determination.
(c) Briefing.--Not later than April 1, 2023, the Secretary of
Defense shall provide to the Committees on Armed Services of the House
of Representatives and the Senate a briefing on the following:
(1) The methodology being used in the development of the
definition under subsection (a).
(2) The progress made towards the development of the
process for submitting required notifications under subsection
(b).
(3) An estimated timeline for the implementation of this
section.
(d) Coordination Required.--In developing the definition under
subsection (a) and the process for submitting required notifications
under subsection (b), the Secretary of Defense shall coordinate with
the Secretaries concerned.
(e) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section 101
of title 10, United States Codes.
SEC. 741. LIMITATION ON REDUCTION OF MILITARY MEDICAL MANNING END
STRENGTH: CERTIFICATION REQUIREMENT AND OTHER REFORMS.
(a) Limitation.--
(1) In general.--Except as provided in paragraph (2), and
in addition to the limitation under section 719 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 133 Stat. 1454), as most recently amended by section 731 of
the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1795), during the five-year
period beginning on the date of the enactment of this Act,
neither the Secretary of Defense nor a Secretary concerned may
reduce military medical end strength authorizations, and
following such period, neither may reduce such authorizations
unless the Secretary of Defense issues a waiver pursuant to
paragraph (6).
(2) Exception.--The limitation under paragraph (1) shall
not apply with respect to the following:
(A) Administrative billets of a military department
that have remained unfilled since at least October 1,
2018.
(B) Billets identified as non-clinical in the
budget of the President for fiscal year 2020 submitted
to Congress pursuant to section 1105(a) of title 31,
United States Code, except that the number of such
billets may not exceed 1,700.
(C) Medical headquarters billets of the military
departments not assigned to, or providing direct
support to, operational commands.
(3) Report on composition of military medical workforce
requirements.--The Secretary of Defense, in coordination with
the Secretaries of the military departments, shall conduct an
assessment of current military medical manning requirements
(taking into consideration factors including future operational
planning, training, and beneficiary healthcare) and submit to
the Committees on Armed Services of the House of
Representatives and the Senate a report containing the findings
of such assessment. Such assessment shall be informed by the
following:
(A) The National Defense Strategy submitted under
section 113(g) of title 10, United States Code.
(B) The National Military Strategy prepared under
section 153(b) of such title.
(C) The campaign plans of the combatant commands.
(D) Theater strategies.
(E) The joint medical estimate under section 732 of
the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
1817).
(F) The plan of the Department of Defense on
integrated medical operations, as updated pursuant to
paragraph (1) of section 724(a) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 135 Stat. 1793; 10 U.S.C. 1096 note).
(G) The plan of the Department of Defense on global
patient movement, as updated pursuant to paragraph (2)
of such section 724(a).
(H) The biosurveillance program of the Department
of Defense established pursuant to Department of
Defense Directive 6420.02 (relating to
biosurveillance).
(I) Requirements for graduate medical education.
(J) The report of the COVID-19 Military Health
System Review Panel under section 731 of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3698).
(K) The report of the Inspector General of the
Department of Defense titled ``Evaluation of Department
of Defense Military Medical Treatment Facility
Challenges During the Coronavirus Disease-2019 (COVID-
19) Pandemic in Fiscal Year 2021 (DODIG-2022-081)'' and
published on April 5, 2022.
(L) Reports of the Comptroller General of the
United States relating to military health system
reforms undertaken on or after January, 1, 2017,
including any such reports relating to military medical
manning and force composition mix.
(M) Such other reports as may be determined
appropriate by the Secretary of Defense.
(4) Certification.--The Secretary of Defense shall submit
to the Committees on Armed Services of the House of
Representatives and the Senate a certification containing the
following:
(A) A certification of the completion of a
comprehensive review of military medical manning,
including with respect to the medical corps (or other
health- or medical-related component of a military
department), designator, profession, occupation, and
rating of medical personnel.
(B) A justification for any proposed increase,
realignment, reduction, or other change to the
specialty or occupational composition of military
medical end strength authorizations, which may include
compliance with a requirement or recommendation set
forth in a strategy, plan, or other matter specified in
paragraph (3).
(C) A certification that, in the case that any
change to such specialty or occupational composition is
required, a vacancy resulting from such change may not
be filled with a position other than a health- or
medical-related position until such time as there are
no military medical billets remaining to fill the
vacancy.
(D) A risk analysis associated with the potential
realignment or reduction of any military medical end
strength authorizations.
(E) An identification of any plans of the
Department to backfill military medical personnel
positions with civilian personnel.
(F) A plan to address persistent vacancies for
civilian personnel in health- or medical-related
positions, and a risk analysis associated with the
hiring, onboarding, and retention of such civilian
personnel, taking into account provider shortfalls
across the United States.
(G) A comprehensive plan to mitigate any risk
identified pursuant to subparagraph (D) or (F),
including with respect to funding necessary for such
mitigation across fiscal years.
(5) Process required.--The Secretaries of the military
departments, in coordination with the Secretary of Defense and
the Chairman of the Joint Chiefs of Staff, shall develop and
submit to the Committees on Armed Services of the House of
Representatives and the Senate a process for the authorization
of proposed modifications to the composition of the medical
manning force mix across the military departments while
maintaining compliance with the limitation under paragraph (1).
Such process shall--
(A) take into consideration the funding required
for any such proposed modification; and
(B) include distinct processes for proposed
increases and proposed decreases, respectively, to the
medical manning force mix of each military department.
(6) Waiver.--
(A) In general.--Following the conclusion of the
five-year period specified in paragraph (1), the
Secretary of Defense may waive the prohibition under
such subsection if--
(i) the report requirement under paragraph
(3), the certification requirement under
paragraph (4), and the process requirement
under paragraph (5) have been completed;
(ii) the Secretary determines that the
waiver is necessary and in the interests of the
national security of the United States; and
(iii) the waiver is issued in writing.
(B) Notification to congress.--Not later than five
days after issuing a waiver under subparagraph (A), the
Secretary of Defense shall submit to the Committees on
Armed Services of the House of Representatives and the
Senate a notification of the waiver (including the text
of the waiver and a justification for the waiver) and
provide to such committees a briefing on the components
of the waiver.
(b) Temporary Suspension of Implementation of Plan for Restructure
or Realignment of Military Medical Treatment Facilities.--The Secretary
of Defense may not implement the plan under section 703(d)(1) of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat. 2199) until the later of the following:
(1) The date that is one year after the date of the
enactment of this Act.
(2) The date on which the Secretary of Defense completes
the following:
(A) A risk analysis for each military medical
treatment facility to be realigned, restructured, or
otherwise affected under the implementation plan under
such section 703(d)(1), including an assessment of the
capacity of the TRICARE network of providers in the
area of such military medical treatment facility to
provide care to the TRICARE Prime beneficiaries that
would otherwise be assigned to such military medical
treatment facility.
(B) An identification of the process by which the
assessment conducted under subsection (a)(3) and the
certification required under subsection (a)(4) shall be
linked to any restructuring or realignment of military
medical treatment facilities.
(c) Briefings; Final Report.--
(1) Initial briefing.--Not later than April 1, 2023, the
Secretary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a
briefing on--
(A) the method by which the Secretary plans to meet
the report requirement under subsection (a)(3), the
certification requirement under subsection (a)(4), and
the process requirement under subsection (a)(5); and
(B) the matters specified in subparagraphs (A) and
(B) of subsection (b)(2).
(2) Briefing on progress.--Not later than two years after
the date of the enactment of this Act, the Secretary of Defense
shall provide to the Committees on Armed Services of the House
of Representatives and the Senate a briefing on the progress
made towards completion of the requirements specified in
paragraph (1)(A).
(3) Final briefing.--Not later than three years after the
date of the enactment of this Act, the Secretary of Defense
shall provide to the Committees on Armed Services of the House
of Representatives and the Senate a final briefing on the
completion of such requirements.
(4) Final report.--Not later than three years after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a final report on the
completion of such requirements. Such final report shall be in
addition to the report, certification, and process submitted
under paragraphs (3), (4), and (5) of subsection (a),
respectively.
(d) Definitions.--In this section:
(1) The term ``medical personnel'' has the meaning given
such term in section 115a(e) of title 10, United States Code.
(2) The term ``Secretary concerned'' has the meaning given
that term in section 101(a) of such title.
(3) The term ``theater strategy'' means an overarching
construct outlining the vision of a combatant commander for the
integration and synchronization of military activities and
operations with other national power instruments to achieve the
strategic objectives of the United States.
SEC. 742. FEASIBILITY STUDY ON ESTABLISHMENT OF DEPARTMENT OF DEFENSE
INTERNSHIP PROGRAMS RELATING TO CIVILIAN BEHAVIORAL
HEALTH PROVIDERS.
(a) Feasibility Study.--The Secretary of Defense shall conduct a
study on the feasibility of establishing paid pre-doctoral and post-
doctoral internship programs for the purpose of training clinical
psychologists to work as covered civilian behavioral health providers.
(b) Elements.--The feasibility study under subsection (a) shall
assess, with respect to the potential internship programs specified in
such subsection, the following:
(1) A model under which, as a condition of participating in
such an internship program, the participant would enter into an
agreement with the Secretary under which the participant agrees
to work on a full-time basis as a covered civilian behavioral
health provider for a period of a duration that is at least
equivalent to the period of participation in such internship
program.
(2) Methods by which the Secretary may address scenarios in
which an individual who participates in such an internship
program does not complete the employment obligation required
under the agreement referred to in paragraph (1), including by
requiring the individual to repay to the Secretary a prorated
portion of the cost of administering such program (to be
determined by the Secretary) with respect to such individual
and of any payment received by the individual under such
program.
(3) The methods by which the Secretary may adjust the
workload and staffing of behavioral health providers in
military medical treatment facilities to ensure sufficient
capacity to supervise participants in such internship programs.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a report
containing the findings of the feasibility study under subsection (a).
(d) Definitions.--In this section:
(1) The term ``behavioral health'' includes psychiatry,
clinical psychology, social work, counseling, and related
fields.
(2) The term ``behavioral health provider'' includes the
following:
(A) A licensed professional counselor.
(B) A licensed mental health counselor.
(C) A licensed clinical professional counselor.
(D) A licensed professional clinical counselor of
mental health.
(E) A licensed clinical mental health counselor.
(F) A licensed mental health practitioner.
(3) The term ``covered civilian behavioral health
provider'' means a civilian behavioral health provider whose
employment by the Secretary of Defense involves the provision
of behavioral health services at a military medical treatment
facility.
(4) The term ``civilian behavioral health provider'' means
a behavioral health provider who is a civilian employee of the
Department of Defense.
(5) The term ``military medical treatment facility'' means
a facility specified in section 1073d of title 10, United
States Code.
SEC. 743. UPDATES TO PRIOR FEASIBILITY STUDIES ON ESTABLISHMENT OF NEW
COMMAND ON DEFENSE HEALTH.
(a) Updates.--The Secretary of Defense shall update prior studies
regarding the feasibility of establishing a new defense health command
under which the Defense Health Agency would be a joint component. In
conducting such updates, the Secretary shall consider for such new
command each of the following potential structures:
(1) A unified combatant command.
(2) A specified combatant command.
(3) Any other command structure the Secretary determines is
appropriate for consideration.
(b) Matters.--The updates under subsection (a) shall include, with
respect to the new command specified in such subsection, the following:
(1) An assessment of the potential organizational structure
of the new command sufficient for the new command to carry out
the responsibilities described in subsection (c), including a
description of the following:
(A) The potential reporting relationship between
the commander of the new command, the Assistant
Secretary of Defense for Health Affairs, and the Under
Secretary of Defense for Personnel and Readiness.
(B) The potential relationship of the new command
to the military departments, the combatant commands,
and the Joint Staff.
(C) The potential responsibilities of the commander
of the new command and how such responsibilities would
differ from the responsibilities of the Director of the
Defense Health Agency.
(D) The potential chain of command between such
commander and the Secretary of Defense.
(E) The potential roles of the Surgeons General of
the Army, Navy, and Air Force, with respect to such
commander.
(F) Any organizations that support the Defense
Health Agency, such as the medical departments and
medical logistics organizations of each military
department.
(G) The potential organizational structure of the
new command, including any subordinate commands.
(H) The geographic location, or multiple such
locations, of the headquarters of the new command and
any subordinate commands.
(I) How the Defense Health Agency currently serves
as a provider of optimally trained and clinically
proficient health care professionals to support
combatant commands.
(J) How the new command may further serve as a
provider of optimally trained and clinically proficient
health care professionals to support combatant
commands.
(2) An assessment of any additional funding necessary to
establish the new command.
(3) An assessment of any additional legislative authorities
necessary to establish the new command, including with respect
to the executive leadership and direction of the new command.
(4) An assessment of the required resourcing of the
executive leadership of the new command.
(5) If the Secretary makes the determination to establish
the new command, a timeline for such establishment.
(6) If the Secretary defers such determination pending
further implementation of other organizational reforms to the
military health system, a timeline for such future
determination.
(7) Such other matters relating to the establishment,
operations, or activities of the new command as the Secretary
may determine appropriate.
(c) Responsibilities Described.--The responsibilities described in
this subsection are as follows:
(1) The conduct of health operations among operational
units of the Armed Forces.
(2) The administration of military medical treatment
facilities.
(3) The administration of the TRICARE program.
(4) Serving as the element of the Armed Forces with the
primary responsibility for the following:
(A) Medical treatment, advanced trauma management,
emergency surgery, and resuscitative care.
(B) Emergency and specialty surgery, intensive
care, medical specialty care, and related services.
(C) Preventive, acute, restorative, curative,
rehabilitative, and convalescent care.
(5) Collaboration with medical facilities participating in
the National Disaster Medical System established pursuant to
section 2812 of the Public Health Service Act (42 U.S.C. 300hh-
11), the Veterans Health Administration, and such other Federal
departments and agencies and nongovermental organizations as
may be determined appropriate by the Secretary, including with
respect to the care services specified in paragraph (4)(C).
(6) The conduct of existing research and education
activities of the Department of Defense in the field of health
sciences.
(7) The conduct of public health and global health
activities not otherwise assigned to the Armed Forces.
(8) The administration of the Defense Health Program
Account under section 1100 of title 10, United States Code.
(d) Interim Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the House of Representatives and
the Senate a briefing on the method by which the Secretary intends to
update prior studies as required pursuant to subsection (a).
(e) Final Briefing; Report.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall--
(1) provide to the Committees on Armed Services of the
House of Representatives and the Senate a final briefing on the
implementation of this section; and
(2) submit to the Committees on Armed Services of the House
of Representatives and the Senate a report containing the
updates to prior studies required pursuant to subsection (a),
including each of the elements specified in subsection (b).
SEC. 744. CAPABILITY ASSESSMENT AND ACTION PLAN WITH RESPECT TO EFFECTS
OF EXPOSURE TO OPEN BURN PITS AND OTHER ENVIRONMENTAL
HAZARDS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) conduct a capability assessment of potential
improvements to activities of the Department of Defense to
reduce the effects of environmental exposures with respect to
members of the Armed Forces; and
(2) develop an action plan to implement such improvements
assessed under paragraph (1) as the Secretary considers
appropriate.
(b) Elements.--The capability assessment required by subsection
(a)(1) shall include the following elements:
(1) With respect to the conduct of periodic health
assessments, the following:
(A) An assessment of the feasibility and
advisability of adding additional screening questions
relating to environmental and occupational exposures to
current health assessments of members of the Armed
Forces conducted by the Secretary of Defense, including
pre- and post-deployment assessments and pre-separation
assessments.
(B) An assessment of the potential value and
feasibility of regularly requiring spirometry or other
pulmonary function testing pre- and post-deployment for
all members, or selected members, of the Armed Forces.
(2) With respect to the conduct of outreach and education,
the following:
(A) An evaluation of clinician training on the
health effects of airborne hazards and how to document
exposure information in health records maintained by
the Department of Defense and the Department of
Veterans Affairs.
(B) An assessment of the adequacy of current
actions by the Secretary of Defense and the Secretary
of Veterans Affairs to increase awareness among members
of the Armed Forces and veterans of the purposes and
uses of the Airborne Hazards and Open Burn Pit Registry
and the effect of a potential requirement that
individuals meeting applicable criteria be
automatically enrolled in the registry unless such
individuals opt out of enrollment.
(C) An assessment of operational plans for
deployment with respect to the adequacy of educational
activities for, and evaluations of, performance of
command authorities, medical personnel, and members of
the Armed Forces on deployment on anticipated
environmental exposures and potential means to minimize
and mitigate any adverse health effects of such
exposures, including through the use of monitoring,
personal protective equipment, and medical responses.
(D) An evaluation of potential means to improve the
education of health care providers of the Department of
Defense with respect to the diagnosis and treatment of
health conditions associated with environmental
exposures.
(3) With respect to the monitoring of exposure during
deployment operations, the following:
(A) An evaluation of potential means to strengthen
tactics, techniques, and procedures used in deployment
operations to document--
(i) specific locations where members of the
Armed Forces served;
(ii) environmental exposures in such
locations; and
(iii) any munitions involved during such
service in such locations.
(B) An assessment of potential improvements in the
acquisition and use of wearable monitoring technology
and remote sensing capabilities to record environmental
exposures by geographic location.
(C) An analysis of the potential value and
feasibility of maintaining a repository of frozen soil
samples from each deployment location to be later
tested as needed when concerns relating to
environmental exposures are identified.
(4) With respect to the use of the Individual Longitudinal
Exposure Record, the following:
(A) An assessment of feasibility and advisability
of recording individual clinical diagnosis and
treatment information in the Individual Longitudinal
Exposure Record to be integrated with exposure data.
(B) An evaluation of--
(i) the progress toward making the
Individual Longitudinal Exposure Record
operationally capable and accessible to members
of the Armed Forces and veterans by 2023; and
(ii) the integration of data from the
Individual Longitudinal Exposure Record with
the electronic health records of the Department
of Defense and the Department of Veterans
Affairs.
(C) An assessment of the feasibility and
advisability of making such data accessible to the
surviving family members of members of the Armed Forces
and veterans.
(5) With respect to the conduct of research, the following:
(A) An assessment of the potential use of the
Airborne Hazards and Open Burn Pit Registry for
research on monitoring and identifying the health
consequences of exposure to open burn pits.
(B) An analysis of options for increasing the
amount and the relevance of additional research into
the health effects of open burn pits and effective
treatments for such health effects.
(C) An evaluation of potential research of
biomarker monitoring to document environmental
exposures during deployment or throughout the military
career of a member of the Armed Forces.
(D) An analysis of potential organizational
strengthening with respect to the management of
research on environmental exposure hazards, including
the establishment of a joint program executive office
for such management.
(E) An assessment of the findings and
recommendations of the 2020 report by the National
Academies of Science, Engineering, and Medicine titled
``Respiratory Health Effects of Airborne Hazards
Exposures in the Southwest Asia Theater of Military
Operations''.
(6) An evaluation of such other matters as the Secretary of
Defense determines appropriate to ensure a comprehensive review
of activities relating to the effects of exposure to open burn
pits and other environmental hazards.
(c) Submission of Plan and Briefing.--Not later than 240 days after
the date of the enactment of this Act, the Secretary of Defense shall--
(1) submit to the Committees on Armed Services of the House
of Representatives and the Senate the action plan required by
subsection (a)(2); and
(2) provide to such committees a briefing on the results of
the capability assessment required by subsection (a)(1).
(d) Definitions.--In this section:
(1) The term ``Airborne Hazards and Open Burn Pit
Registry'' means the registry established under section 201 of
the Dignified Burial and Other Veterans' Benefits Improvement
Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note).
(2) The term ``environmental exposure'' means an exposure
to an open burn pit or other environmental hazard, as
determined by the Secretary of Defense.
(3) The term ``open burn pit'' has the meaning given that
term in section 201(c) of the Dignified Burial and Other
Veterans' Benefits Improvement Act of 2012 (Public Law 112-260;
38 U.S.C. 527 note).
SEC. 745. KYLE MULLEN NAVY SEAL MEDICAL TRAINING REVIEW.
(a) Review.--The Inspector General of the Department of Defense
shall conduct a comprehensive review of the medical training for health
care professionals furnishing medical care to individuals undergoing
Navy Sea, Air, and Land (SEAL) training, the quality assurance
mechanisms in place with respect to such care, and the efforts to
mitigate health stress of individuals undergoing such training.
(b) Elements.--The review under subsection (a) shall include the
following elements:
(1) A review of the policies for improved medical care of
individuals undergoing Navy SEAL training and quality assurance
with respect to such care.
(2) A review of sleep deprivation practices implemented
with respect to Navy SEAL training, including an identification
of when such practices were initially implemented and how
frequently such practices are updated.
(3) An assessment of the policies and rules relating to the
use of performance enhancing drugs by individuals undergoing
Navy SEAL training.
(4) An assessment of the oversight of health care
professionals (including enlisted and officer medical
personnel, civilian employees of the Department of Defense, and
contractors of the Department) with respect to the provision by
such professionals of health care services to individuals
undergoing Navy SEAL training.
(5) A review and assessment of deaths, occurring during the
twenty-year period preceding the date of the review, of
individuals who were undergoing Navy SEAL training at the time
of death.
(6) A review of ongoing efforts and initiatives to ensure
the safety of individuals undergoing Navy SEAL training and to
prevent the occurrence of long-term injury, illness, and death
among such individuals.
(7) An assessment of the role of nutrition in Navy SEAL
training.
(c) Interim Briefing.--Not later than March 1, 2023, the Inspector
General of the Department of Defense shall provide to the Committees on
Armed Services of the House of Representatives and the Senate a
briefing on how the Inspector General plans to conduct the review under
subsection (a), including with respect to each element specified in
subsection (b).
(d) Final Report.--Not later than one year after the date of the
enactment of this Act, the Inspector General of the Department of
Defense shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a final report on the completion of
the review under subsection (a), including recommendations of the
Inspector General developed as a result of such review.
SEC. 746. REPORTS ON COMPOSITION OF MEDICAL PERSONNEL OF EACH MILITARY
DEPARTMENT AND RELATED MATTERS.
(a) Reports.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for three years, the
Secretary of Defense, in coordination with the Secretaries of the
military departments, shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a report on the
composition of the medical personnel of each military department and
related matters.
(b) Elements.--Each report under subsection (a) shall include the
following:
(1) With respect to each military department, the
following:
(A) An identification of the number of medical
personnel of the military department who are officers
in a grade above O-6.
(B) An identification of the number of such medical
personnel who are officers in a grade below O-7.
(C) A description of any plans of the Secretary
to--
(i) reduce the total number of such medical
personnel; or
(ii) eliminate any covered position for
such medical personnel.
(D) A recommendation by the Secretary for the
number of covered positions for such medical personnel
that should be required for purposes of maximizing
medical readiness (without regard to current statutory
limitations, or potential future statutory limitations,
on such number), presented as a total number for each
military department and disaggregated by grade.
(2) An assessment of the grade for the position of the
Medical Officer of the Marine Corps, including--
(A) a comparison of the effects of filling such
position with an officer in the grade of O-6 versus an
officer in the grade of O-7;
(B) an assessment of potential issues associated
with the elimination of such position; and
(C) a description of any potential effects of such
elimination with respect to medical readiness.
(3) An assessment of all covered positions for medical
personnel of the military departments, including the following:
(A) The total number of authorizations for such
covered positions, disaggregated by--
(i) whether the authorization is for a
position in a reserve component; and
(ii) whether the position so authorized is
filled or vacant.
(B) A description of any medical- or health-related
specialty requirements for such covered positions.
(C) For each such covered position, an
identification of the title and geographic location of,
and a summary of the responsibility description for,
the position.
(D) For each such covered position, an
identification of the span of control of the position,
including with respect to the highest grade at which
each such position has been filled.
(E) An identification of any downgrading,
upgrading, or other changes to such covered positions
occurring during the 10-year period preceding the date
of the report, and an assessment of whether any such
changes have resulted in the transfer of
responsibilities previously assigned to such a covered
position to--
(i) a position in the Senior Executive
Service or another executive personnel
position; or
(ii) a position other than a covered
position.
(F) A description of any officers in a grade above
O-6 assigned to the Defense Health Agency, the Office
of the Assistant Secretary of Defense for Health
Affairs, the Joint Staff, or any other position within
the military health system.
(G) A description of the process by which the
positions specified in subparagraph (F) are validated
against military requirements or similar billet
justification processes.
(H) A side-by-side comparison demonstrating, across
the military departments, the span of control and the
responsibilities of covered positions for medical
personnel of each military department.
(c) Disaggregation of Certain Data.--The data specified in
subparagraphs (A) and (B) of subsection (b)(1) shall be presented as a
total number and disaggregated by each medical component of the
respective military department.
(d) Definitions.--In this section:
(1) The term ``covered position'' means a position for an
officer in a grade above O-6.
(2) The term ``officer'' has the meanings given that term
in section 101(b) of title 10, United States Code.
(3) The term ``medical component'' means--
(A) in the case of the Army, the Medical Corps,
Dental Corps, Nurse Corps, Medical Service Corps,
Veterinary Corps, and Army Medical Specialist Corps;
(B) in the case of the Air Force, members
designated as medical officers, dental officers, Air
Force nurses, medical service officers, and biomedical
science officers; and
(C) in the case of the Navy, the Medical Corps,
Dental Corps, Nurse Corps, and Medical Service Corps.
(4) The term ``medical personnel'' has the meaning given
such term in section 115a(e) of title 10, United States Code.
(5) The term ``military department'' has the meaning given
that term in section 101(a) of such title.
SEC. 747. REPORT ON EFFECTS OF LOW RECRUITMENT AND RETENTION ON
OPERATIONAL TEMPO AND PHYSICAL AND MENTAL HEALTH OF
MEMBERS OF THE ARMED FORCES.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretaries of the military departments, shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a report on the effects of low recruitment and retention on the
Armed Forces.
(b) Matters.--The report under subsection (a) shall include an
assessment of the following:
(1) The effect of low recruitment on the tempo for
operational units during the previous five years, including
with respect to deployed units and units in pre-deployment
training.
(2) Whether the rate of operational tempo during the
pervious five years has affected the retention of members of
the Armed Forces, including with respect to deployed units and
units in pre-deployment training.
(3) How the rate of operational tempo during the previous
five years has affected the number of mental health visits of
members of the Armed Forces serving in such units.
(4) How the rate of operational tempo during the pervious
five years has affected the number of suicides occurring within
such units.
(5) Whether the rate of operational tempo during the
pervious five years has affected the number of musculoskeletal
and related injuries incurred by members of the Armed Forces
serving in such units.
(6) The type or types of military occupational specialties
most affected by low recruitment.
(7) Lessons learned in the process of gathering data for
the report under this section.
(8) Any policy or legislative recommendations to mitigate
the effect of low recruitment on the operational tempo of the
Armed Forces.
SEC. 748. GUIDANCE FOR ADDRESSING HEALTHY RELATIONSHIPS AND INTIMATE
PARTNER VIOLENCE THROUGH TRICARE PROGRAM.
(a) Guidance.--The Secretary of Defense shall disseminate guidance
on the implementation through the TRICARE program of--
(1) education on healthy relationships and intimate partner
violence; and
(2) protocols for--
(A) the routine assessment of intimate partner
violence and sexual assault; and
(B) the promotion of, and strategies for, trauma-
informed care plans.
(b) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
Committees on Armed Services of the House of Representatives and the
Senate a briefing on the implementation of this section.
SEC. 749. BRIEFING ON SUICIDE PREVENTION REFORMS FOR MEMBERS OF THE
ARMED FORCES.
(a) In General.--Not later than March 1, 2023, the Secretary of
Defense shall provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on the following:
(1) The feasibility and advisability of implementing
reforms related to suicide prevention among members of the
Armed Forces as follows:
(A) Eliminating mental health history as a
disqualifier for service in the Armed Forces, including
by eliminating restrictions related to mental health
history that are specific to military occupational
specialties.
(B) Requiring comprehensive and in-person annual
mental health assessments of members of the Armed
Forces.
(C) Requiring behavioral health providers under the
TRICARE program, including providers contracted through
such program, to undergo evidence-based and suicide-
specific training.
(D) Requiring leaders at all levels of the Armed
Forces to be trained on the following:
(i) Total wellness.
(ii) Suicide warning signs and risk
factors.
(iii) Evidence-based, suicide-specific
interventions.
(iv) Effectively communicating with medical
and behavioral health providers.
(v) Communicating with family members,
including extended family members who are not
co-located with a member of the Armed Forces,
on support and access to resources for members
of the Armed Forces and the dependents thereof.
(E) Requiring mandatory referral to Warriors in
Transition programs, or other transitional programs,
for members of the Armed Forces who are eligible for
such programs.
(2) Recommendations for additional legislative actions
necessary to further enhance or expand suicide prevention
efforts of the Department of Defense.
(b) Definitions.--In this section--
(1) The term ``TRICARE program'' has the meaning given that
term in section 1072 of title 10, United States Code.
(2) The term ``Warriors in Transition program'' has the
meaning given that term in section 738(e) of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 112-
239; 10 U.S.C. 1071 note).
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Writing award to encourage curiosity and persistence in
overcoming obstacles in acquisition.
Sec. 802. Task and delivery order contracting for architectural and
engineering services.
Sec. 803. Data requirements for commercial products for major weapon
systems.
Sec. 804. Revision of authority for procedures to allow rapid
acquisition and deployment of capabilities
needed under specified high-priority
circumstances.
Sec. 805. Treatment of certain clauses implementing Executive orders.
Sec. 806. Life cycle management and product support.
Sec. 807. Amendments to contractor employee protections from reprisal
for disclosure of certain information.
Sec. 808. Use of fixed-price type contracts for certain major defense
acquisition programs.
Sec. 809. Acquisition reporting system.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Inclusion in budget justification materials of enhanced
reporting on proposed cancellations and
modifications to multiyear contracts.
Sec. 812. Comptroller General assessment of acquisition programs and
related efforts.
Sec. 813. Extension of Defense Modernization Account authority.
Sec. 814. Clarification to fixed-price incentive contract references.
Sec. 815. Modification of reporting requirement in connection with
requests for multiyear procurement
authority for large defense acquisitions.
Sec. 816. Modification of provision relating to determination of
certain activities with unusually hazardous
risks.
Sec. 817. Modification to prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
Sec. 818. Extension of pilot program to accelerate contracting and
pricing processes.
Sec. 819. Extension of pilot program for distribution support and
services for weapons systems contractors.
Sec. 820. Extension and modification of Never Contract with the Enemy.
Sec. 821. Repeal of requirement for Inspector General of the Department
of Defense to conduct certain reviews.
Sec. 822. Modification of contracts to provide extraordinary relief due
to inflation impacts.
Subtitle C--Provisions Relating to Acquisition Workforce
Sec. 831. Key experiences and enhanced pay authority for acquisition
workforce excellence.
Sec. 832. Defense Acquisition University reforms.
Sec. 833. Modifications to Defense Civilian Training Corps.
Sec. 834. Acquisition workforce incentives relating to training on, and
agreements with, certain start-up
businesses.
Sec. 835. Curricula on software acquisitions and cybersecurity software
or hardware acquisitions for covered
individuals.
Sec. 836. Department of Defense national imperative for industrial
skills program.
Subtitle D--Provisions Relating to Software and Technology
Sec. 841. Guidelines and resources on the acquisition or licensing of
intellectual property.
Sec. 842. Modification of authority of the Department of Defense to
carry out certain prototype projects.
Sec. 843. Other transaction authority clarification.
Sec. 844. Prizes for advanced technology achievements.
Sec. 845. Congressional notification for pilot program to accelerate
the procurement and fielding of innovative
technologies.
Sec. 846. Report on software delivery times.
Subtitle E--Industrial Base Matters
Sec. 851. Modification to the national technology and industrial base.
Sec. 852. Modification to miscellaneous limitations on the procurement
of goods other than United States goods.
Sec. 853. Requirements for the procurement of certain components for
certain naval vessels and auxiliary ships.
Sec. 854. Modifications to the procurement technical assistance
program.
Sec. 855. Codification of prohibition on certain procurements from the
Xinjiang Uyghur Autonomous Region.
Sec. 856. Codification of the Department of Defense Mentor-Protege
Program.
Sec. 857. Procurement requirements relating to rare earth elements and
strategic and critical materials.
Sec. 858. Analyses of certain activities for action to address sourcing
and industrial capacity.
Sec. 859. Demonstration exercise of enhanced planning for industrial
mobilization and supply chain management.
Sec. 860. Risk management for Department of Defense pharmaceutical
supply chains.
Sec. 861. Strategy for increasing competitive opportunities for certain
critical technologies.
Sec. 862. Key advanced system development industry days.
Subtitle F--Small Business Matters
Sec. 871. Codification of Small Business Administration scorecard.
Sec. 872. Modifications to the SBIR and STTR programs.
Sec. 873. Access to data on bundled or consolidated contracts.
Sec. 874. Small business integration working group.
Sec. 875. Demonstration of commercial due diligence for small business
programs.
Sec. 876. Development and assessment of mission effectiveness metrics.
Subtitle G--Other Matters
Sec. 881. Technical correction to effective date of the transfer of
certain title 10 acquisition provisions.
Sec. 882. Security clearance bridge pilot program.
Sec. 883. Existing agreement limits for Operation Warp Speed.
Sec. 884. Incorporation of controlled unclassified information guidance
into program classification guides and
program protection plans.
Subtitle A--Acquisition Policy and Management
SEC. 801. WRITING AWARD TO ENCOURAGE CURIOSITY AND PERSISTENCE IN
OVERCOMING OBSTACLES IN ACQUISITION.
(a) In General.--Chapter 87 of title 10, United States Code, is
amended by inserting after section 1742 the following new section:
``Sec. 1743. Awards to recognize members of the acquisition workforce
``(a) Establishment.--The President of the Defense Acquisition
University shall establish two programs to provide awards to recognize
members of the acquisition workforce as follows:
``(1) An award of not more than $5,000 to such members who
use an iterative writing process to document a first-hand
account of using independent judgment to overcome an obstacle
the member faced while working within the defense acquisition
system (as defined in section 3001 of this title).
``(2) An award of not more than $5,000 to such members who
make the best use of the flexibilities and authorities granted
by the Federal Acquisition Regulation and Department of Defense
Instruction 5000.02 (Operation of the Defense Acquisition
System).
``(b) Number of Awards.--
``(1) In general.--The President of the Defense Acquisition
University may make not more than five awards under subsection
(a)(1) and one award under subsection (a)(2) each year.
``(2) Limitation.--A member of the acquisition workforce
may receive one award each year.
``(c) Requirements for Writing Award.--
``(1) Submission required.--A member of the acquisition
workforce desiring an award under subsection (a)(1) shall
submit to the President of the Defense Acquisition University
the first-hand account described in such subsection. Such
first-hand account shall demonstrate--
``(A) an original and engaging idea documenting the
use of independent judgment to overcome an obstacle the
recipient faced while working within the defense
acquisition system; and
``(B) the use of an iterative writing process,
including evidence of--
``(i) critical thinking;
``(ii) incorporation of feedback from
diverse perspectives; and
``(iii) editing to achieve plain writing
(as defined in section 3 of the Plain Writing
Act of 2010 (5 U.S.C. 301 note)).
``(2) Website.--The President of the Defense Acquisition
University shall establish and maintain a website to serve as a
repository for submissions made under paragraph (1). Such
website shall allow for public comments and discussion.
``(d) Requirements for Flexibility Award.--A member of the
acquisition workforce desiring an award under subsection (a)(2) shall
submit to the President of the Defense Acquisition University
documentation that such member uses approaches to program management
that emphasize innovation and local adaptation, including the use of--
``(1) simplified acquisition procedures;
``(2) inherent flexibilities within the Federal Acquisition
Regulation;
``(3) commercial contracting approaches;
``(4) public-private partnership agreements and practices;
``(5) cost-sharing arrangements;
``(6) innovative contractor incentive practices; or
``(7) other innovative implementations of acquisition
flexibilities.
``(e) Funding.--The Secretary of Defense shall use funds from the
Defense Acquisition Workforce Development Account to carry out this
section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after section 1742 the following
new item:
``1743. Awards to recognize members of the acquisition workforce.''.
(c) Conforming Amendment.--Section 834 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2285; 10 U.S.C. 1701a note) is repealed.
SEC. 802. TASK AND DELIVERY ORDER CONTRACTING FOR ARCHITECTURAL AND
ENGINEERING SERVICES.
Section 3406 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(h) Architectural and Engineering Services.--
``(1) Qualification-based selections required.--Task or
delivery orders for architectural and engineering services
issued under section 3403 or 3405 of this title shall be
qualification-based selections executed in accordance with
chapter 11 of title 40.
``(2) Multiple award contracts.--When issuing a task or
delivery order for architectural and engineering services under
a multiple award contract, the head of an agency may not
routinely request additional information relating to
qualifications from the contractor for such multiple award
contract.''.
SEC. 803. DATA REQUIREMENTS FOR COMMERCIAL PRODUCTS FOR MAJOR WEAPON
SYSTEMS.
(a) Amendments Relating to Subsystems of Major Weapons Systems.--
Section 3455(b) of title 10, United States Code is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(2) by inserting ``(1)'' before ``A subsystem of a major
weapon system''; and
(3) by adding at the end the following new paragraph:
``(2)(A) For a subsystem proposed as commercial (as defined in
section 103(1) of title 41) and that has not been previously determined
commercial in accordance with section 3703(d) of this title, the
offeror shall--
``(i) identify the comparable commercial product the
offeror sells to the general public or nongovernmental entities
that serves as the basis for the `of a type' assertion;
``(ii) submit to the contracting officer a comparison
necessary to serve as the basis of the `of a type' assertion of
the physical characteristics and functionality between the
subsystem and the comparable commercial product identified
under clause (i); and
``(iii) provide to the contracting officer the National
Stock Number for both the comparable commercial product
identified under clause (i), if one is assigned, and the
subsystem, if one is assigned.
``(B) If the offeror does not sell a comparable commercial product
to the general public or nongovernmental entities for purposes other
than governmental purposes that can serve as the basis for an `of a
type' assertion with respect to the subsystem--
``(i) the offeror shall--
``(I) notify the contracting officer in writing
that it does not so sell such a comparable commercial
product; and
``(II) provide to the contracting officer a
comparison necessary to serve as the basis of the `of a
type' assertion of the physical characteristics and
functionality between the subsystem and the most
comparable commercial product in the commercial
marketplace, to the extent reasonably known by the
offeror; and
``(ii) subparagraph (A) shall not apply with respect to the
offeror for such subsystem.''.
(b) Amendment Relating to Components and Spare Parts.--Section
3455(c)(2) of such title is amended to read as follows:
``(2)(A) For a component or spare part proposed as commercial (as
defined in section 103(1) of title 41) and that has not previously been
determined commercial in accordance with section 3703(d) of this title,
the offeror shall--
``(i) identify the comparable commercial product the
offeror sells to the general public or nongovernmental entities
that serves as the basis for the `of a type' assertion;
``(ii) submit to the contracting officer a comparison
necessary to serve as the basis of the `of a type' assertion of
the physical characteristics and functionality between the
component or spare part and the comparable commercial product
identified under clause (i); and
``(iii) provide to the contracting officer the National
Stock Number for both the comparable commercial product
identified under clause (i), if one is assigned, and the
component or spare part, if one is assigned.
``(B) If the offeror does not sell a comparable commercial product
to the general public or nongovernmental entities for purposes other
than governmental purposes that can serve as the basis for an `of a
type' assertion with respect to the component or spare part--
``(i) the offeror shall--
``(I) notify the contracting officer in writing
that it does not so sell such a comparable commercial
product; and
``(II) provide to the contracting officer a
comparison necessary to serve as the basis of the `of a
type' assertion of the physical characteristics and
functionality between the component or spare part and
the most comparable commercial product in the
commercial marketplace, to the extent reasonably known
by the offeror; and
``(ii) subparagraph (A) shall not apply with respect to the
offeror for such component or spare part.''.
(c) Amendments Relating to Information Submitted.--Section 3455(d)
of such title is amended--
(1) in the subsection heading, by inserting after
``Submitted'' the following: ``for Procurements That Are Not
Covered by the Exceptions in Section 3703(a)(1) of This
Title'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``the contracting officer shall require the
offeror to submit--'' and inserting ``the offeror
shall, in accordance with paragraph (4), submit to the
contracting officer or provide the contracting officer
access to--'';
(B) in subparagraph (A)--
(i) by inserting ``a representative sample,
as determined by the contracting officer, of
the'' before ``prices paid''; and
(ii) by inserting ``, and the terms and
conditions of such sales'' after ``Government
and commercial customers'';
(C) in subparagraph (B), by striking ``information
on--'' and all that follows and inserting the
following: ``a representative sample, as determined by
the contracting officer, of the prices paid for the
same or similar commercial products sold under
different terms and conditions, and the terms and
conditions of such sales; and''; and
(D) in subparagraph (C)--
(i) by inserting ``only'' before ``if the
contracting officer''; and
(ii) by inserting after ``reasonableness of
price'' the following: ``because either the
comparable commercial products provided by the
offeror are not a valid basis for a price
analysis or the contracting officer determines
the proposed price is not reasonable after
evaluating sales data, and the contracting
officer receives the approval described in
paragraph (5)''; and
(3) by adding at the end the following new paragraphs:
``(4)(A) An offeror may redact data information submitted or made
available under subparagraph (A) or (B) of paragraph (1) with respect
to sales of an item acquired under this section only to the extent
necessary to remove information individually identifying government
customers, commercial customers purchasing such item for governmental
purposes, and commercial customers purchasing such item for commercial,
mixed, or unknown purposes.
``(B) Before an offeror may exercise the authority under
subparagraph (A) with respect to a customer, the offeror shall certify
in writing to the contracting officer whether the customer is a
government customer, a commercial customer purchasing the item for
governmental purpose, or a commercial customer purchasing the item for
a commercial, mixed, or unknown purpose.
``(5) A contracting officer may not require an offeror to submit or
make available information under paragraph (1)(C) without approval from
a level above the contracting officer.
``(6) Nothing in this subsection shall relieve an offeror of other
obligations under any other law or regulation to disclose and support
the actual rationale of the offeror for the price proposed by the
offeror to the Government for any good or service.''.
(d) Applicability.--Section 3455 of such title is amended by adding
at the end the following new subsection:
``(g) Applicability.--
``(1) In general.--Subsections (b) and (c) shall apply only
with respect to subsystems described in subsection (b) and
components or spare parts described in subsection (c),
respectively, that the Department of Defense acquires through--
``(A) a prime contract;
``(B) a modification to a prime contract; or
``(C) a subcontract described in paragraph (2).
``(2) Subcontract described.--A subcontract described in
this paragraph is a subcontract through which the Department of
Defense acquires a subsystem or component or spare part
proposed as commercial (as defined in section 103(1) of title
41) under this section and that has not previously been
determined commercial in accordance with section 3703(d).''.
SEC. 804. REVISION OF AUTHORITY FOR PROCEDURES TO ALLOW RAPID
ACQUISITION AND DEPLOYMENT OF CAPABILITIES NEEDED UNDER
SPECIFIED HIGH-PRIORITY CIRCUMSTANCES.
(a) Revision and Codification of Rapid Acquisition Authority.--
Chapter 253 of part V of title 10, United States Code, is amended to
read as follows:
``CHAPTER 253--RAPID ACQUISITION PROCEDURES
``Sec.
``3601. Procedures for urgent acquisition and deployment of
capabilities needed in response to urgent
operational needs or vital national
security interest.
``Sec. 3601. Procedures for urgent acquisition and deployment of
capabilities needed in response to urgent operational
needs or vital national security interest
``(a) Procedures.--
``(1) In general.--The Secretary of Defense shall prescribe
procedures for the urgent acquisition and deployment of
capabilities needed in response to urgent operational needs.
The capabilities for which such procedures may be used in
response to an urgent operational need are those--
``(A) that, subject to such exceptions as the
Secretary considers appropriate for purposes of this
section--
``(i) can be fielded within a period of two
to 24 months;
``(ii) do not require substantial
development effort;
``(iii) are based on technologies that are
proven and available; and
``(iv) can appropriately be acquired under
fixed-price contracts; or
``(B) that can be developed or procured under a
section 804 rapid acquisition pathway.
``(2) Definition.--In this section, the term `section 804
rapid acquisition pathway' means the rapid fielding acquisition
pathway or the rapid prototyping acquisition pathway authorized
under section 804 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 3201 prec.).
``(b) Matters to Be Included.--The procedures prescribed under
subsection (a) shall include the following:
``(1) A process for streamlined communications between the
Chairman of the Joint Chiefs of Staff, the acquisition
community, and the research and development community,
including--
``(A) a process for the commanders of the combatant
commands and the Chairman of the Joint Chiefs of Staff
to communicate their needs to the acquisition community
and the research and development community; and
``(B) a process for the acquisition community and
the research and development community to propose
capabilities that meet the needs communicated by the
combatant commands and the Chairman of the Joint Chiefs
of Staff.
``(2) Procedures for demonstrating, rapidly acquiring, and
deploying a capability proposed pursuant to paragraph (1)(B),
including--
``(A) a process for demonstrating and evaluating
for current operational purposes the performance of the
capability;
``(B) a process for developing an acquisition and
funding strategy for the deployment of the capability;
and
``(C) a process for making deployment and
utilization determinations based on information
obtained pursuant to subparagraphs (A) and (B).
``(3) A process to determine the disposition of a
capability, including termination (demilitarization or
disposal), continued sustainment, or transition to a program of
record.
``(4) Specific procedures in accordance with the guidance
developed under section 804(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 3201 prec.).
``(c) Response to Combat Emergencies and Certain Urgent Operational
Needs.--
``(1) Determination of need for urgent acquisition and
deployment.--(A) In the case of any capability that, as
determined in writing by the Secretary of Defense, is urgently
needed to eliminate a documented deficiency that has resulted
in combat casualties, or is likely to result in combat
casualties, the Secretary may use the procedures developed
under this section in order to accomplish the urgent
acquisition and deployment of the needed capability.
``(B) In the case of any capability that, as determined in
writing by the Secretary of Defense, is urgently needed to
eliminate a documented deficiency that impacts an ongoing or
anticipated contingency operation and that, if left
unfulfilled, could potentially result in loss of life or
critical mission failure, the Secretary may use the procedures
developed under this section in order to accomplish the urgent
acquisition and deployment of the needed capability.
``(C)(i) In the case of any cyber capability that, as
determined in writing by the Secretary of Defense, is urgently
needed to eliminate a deficiency that as the result of a cyber
attack has resulted in critical mission failure, the loss of
life, property destruction, or economic effects, or if left
unfilled is likely to result in critical mission failure, the
loss of life, property destruction, or economic effects, the
Secretary may use the procedures developed under this section
in order to accomplish the urgent acquisition and deployment of
the needed offensive or defensive cyber capability.
``(ii) In this subparagraph, the term `cyber attack' means
a deliberate action to alter, disrupt, deceive, degrade, or
destroy computer systems or networks or the information or
programs resident in or transiting these systems or networks.
``(2) Designation of senior official responsible.--(A)(i)
Except as provided under clause (ii), whenever the Secretary of
Defense makes a determination under subparagraph (A), (B), or
(C) of paragraph (1) that a capability is urgently needed to
eliminate a deficiency described in that subparagraph, the
Secretary shall designate a senior official of the Department
of Defense to ensure that the needed capability is acquired and
deployed as quickly as possible, with a goal of awarding a
contract for the acquisition of the capability within 15 days.
``(ii) Clause (i) does not apply to an acquisition
initiated in the case of a determination by the Secretary of
Defense that funds are necessary to immediately initiate a
project under a section 804 rapid acquisition pathway if the
designated official for acquisitions using such pathway is a
service acquisition executive.
``(B) Upon designation of a senior official under
subparagraph (A) with respect to a needed capability, the
Secretary shall authorize that senior official to waive any
provision of law or regulation described in subsection (d) that
such senior official determines in writing would unnecessarily
impede the urgent acquisition and deployment of such
capability. In a case in which such capability cannot be
acquired without an extensive delay, the senior official shall
require that an interim solution be implemented and deployed
using the procedures developed under this section to minimize
adverse consequences resulting from the urgent need.
``(3) Use of funds.--(A) Subject to subparagraph (C), in
any fiscal year in which the Secretary of Defense makes a
determination described in subparagraph (A), (B), or (C) of
paragraph (1) with respect to a capability, or upon the
Secretary making a determination that funds are necessary to
immediately initiate a project under a section 804 rapid
acquisition pathway based on a compelling national security
need, the Secretary may use any funds available to the
Department of Defense to urgently acquire and deploy such
capability or immediately initiate such project, respectively,
if the determination includes a written finding that the use of
such funds is necessary to address in a timely manner the
deficiency documented or identified under such subparagraph
(A), (B), or (C) or the compelling national security need
identified for purposes of such section 804 pathway,
respectively.
``(B) The authority provided by this section may only be
used to acquire capability--
``(i) in the case of determinations by the
Secretary under paragraph (1)(A), in an amount
aggregating not more than $200,000,000 during any
fiscal year;
``(ii) in the case of determinations by the
Secretary under paragraph (1)(B), in an amount
aggregating not more than $200,000,000 during any
fiscal year;
``(iii) in the case of determinations by the
Secretary under paragraph (1)(C), in an amount
aggregating not more than $200,000,000 during any
fiscal year; and
``(iv) in the case of a determination by the
Secretary that funds are necessary to immediately
initiate a project under a section 804 rapid
acquisition pathway, in an amount aggregating not more
than $50,000,000 during any fiscal year.
``(C) In exercising the authority under this section--
``(i) none of the amounts appropriated for
Operation and Maintenance may be used to carry out this
section except for amounts appropriated for--
``(I) Operation and Maintenance, Defense-
wide;
``(II) Operation and Maintenance, Army;
``(III) Operation and Maintenance, Navy;
``(IV) Operation and Maintenance, Marine
Corps;
``(V) Operation and Maintenance, Air Force;
or
``(VI) Operation and Maintenance, Space
Force; and
``(ii) when funds are utilized for sustainment
purposes, this authority may not be used for more than
2 years.
``(4) Notification to congressional defense committees.--
(A) In the case of a determination by the Secretary of Defense
under subparagraph (A) or (C) of paragraph (1), the Secretary
shall notify the congressional defense committees of the
determination within 15 days after the date of the
determination.
``(B) In the case of a determination by the Secretary under
paragraph (1)(B), the Secretary shall notify the congressional
defense committees of the determination at least 10 days before
the date on which the determination is effective.
``(C) In the case of a determination by the Secretary under
paragraph (3)(A) that funds are necessary to immediately
initiate a project under a section 804 rapid acquisition
pathway, the Secretary shall notify the congressional defense
committees of the determination within 10 days after the date
of the use of such funds.
``(D) A notice under this paragraph shall include the
following:
``(i) Identification of the capability to be
acquired.
``(ii) The amount anticipated to be expended for
the acquisition.
``(iii) The source of funds for the acquisition.
``(E) A notice under this paragraph shall fulfill any
requirement to provide notification to Congress for a program
(referred to as a `new start program') that has not previously
been specifically authorized by law or for which funds have not
previously been appropriated.
``(F) A notice under this paragraph shall be provided in
consultation with the Director of the Office of Management and
Budget.
``(5) Limitation on officers with authority.--The authority
to make determinations under subparagraph (A), (B), or (C) of
paragraph (1) and under paragraph (3)(A) that funds are
necessary to immediately initiate a project under a section 804
rapid acquisition pathway, to designate a senior official
responsible under paragraph (3), and to provide notification to
the congressional defense committees under paragraph (4) may be
exercised only by the Secretary of Defense or the Deputy
Secretary of Defense.
``(d) Authority to Waive Certain Laws and Regulations.--
``(1) Authority.--Following a determination described in
subsection (c)(1), the senior official designated in accordance
with subsection (c)(2), with respect to that designation, may
waive any provision of law or regulation addressing--
``(A) the establishment of a requirement or
specification for the capability to be acquired;
``(B) the research, development, test, and
evaluation of the capability to be acquired;
``(C) the production, fielding, and sustainment of
the capability to be acquired; or
``(D) the solicitation, selection of sources, and
award of the contracts for procurement of the
capability to be acquired.
``(2) Limitations.--Nothing in this subsection authorizes
the waiver of--
``(A) the requirements of this section;
``(B) any provision of law imposing civil or
criminal penalties; or
``(C) any provision of law governing the proper
expenditure of appropriated funds.
``(e) Operational Assessments.--
``(1) In general.--The process prescribed under subsection
(b)(2)(A) for demonstrating and evaluating for current
operational purposes the performance of a capability proposed
pursuant to subsection (b)(1)(B) shall include the following:
``(A) An operational assessment in accordance with
procedures prescribed by the Director of Operational
Test and Evaluation.
``(B) A requirement to provide information about
any deficiency of the capability in meeting the
original requirements for the capability (as stated in
a statement of the urgent operational need or similar
document) to the deployment decision-making authority.
``(2) Limitation.--The process prescribed under subsection
(b)(2)(A) may not include a requirement for any deficiency of
capability identified in the operational assessment to be the
determining factor in deciding whether to deploy the
capability.
``(3) Director of operational test and evaluation access.--
If a capability is deployed under the procedures prescribed
pursuant to this section, or under any other authority, before
operational test and evaluation of the capability is completed,
the Director of Operational Test and Evaluation shall have
access to operational records and data relevant to such
capability in accordance with section 139(e)(3) of this title
for the purpose of completing operational test and evaluation
of the capability. Such access shall be provided in a time and
manner determined by the Secretary of Defense consistent with
requirements of operational security and other relevant
operational requirements.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
subtitle A, and at the beginning of part V of subtitle A, of title 10,
United States Code, are each amended by striking the item relating to
chapter 253 and inserting the following:
``253. Rapid Acquisition Procedures......................... 3601''.
(c) Conforming Repeals.--The following provisions of law are
repealed:
(1) Section 804 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10
U.S.C. 3201 note prec.).
(2) Section 806 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10
U.S.C. 3201 note prec.).
(d) Additional Conforming Amendments.--
(1) Section 2216a(c) of title 10, United States Code, is
amended by striking ``section 804(b) of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (10
U.S.C. 2302 note)'' and inserting ``Department of Defense
Instruction 5000.81 (or any successor instruction), dated
December 31, 2019, and titled `Urgent Capability
Acquisition'''.
(2) Section 8074 of title VIII of the Department of Defense
Appropriations Act, 2022 (division C of Public Law 117-103; 136
Stat. 193) is amended by striking ``under section 806(c)(4) of
the Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (10 U.S.C. 2302 note)'' and inserting ``under section
3601(c)(4) of title 10, United States Code,''.
(3) Section 851(f) 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 3201 note prec.) is amended by
striking ``under section 806 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10
U.S.C. 2302 note)'' and inserting ``under section 3601 of title
10, United States Code''.
(4) Section 231(c)(1)(A) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 10 U.S.C. 139 note) is amended by striking ``section 806
of the Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (10 U.S.C. 2302 note)'' and inserting ``section 3601
of title 10, United States Code''.
SEC. 805. TREATMENT OF CERTAIN CLAUSES IMPLEMENTING EXECUTIVE ORDERS.
(a) In General.--Section 3862 of title 10, United States Code, is
amended--
(1) in the section heading, by striking ``:
certification'';
(2) by redesignating subsection (c) as subsection (d);
(3) by inserting after subsection (b) the following new
subsection:
``(c) Treatment of Certain Clauses Implementing Executive Orders.--
The unilateral insertion of a covered clause into an existing
Department of Defense contract, order, or other transaction by a
contracting officer shall be treated as a change directed by the
contracting officer pursuant to, and subject to, the Changes clause of
the underlying contract, order, or other transaction.''; and
(4) in subsection (d), as redesignated by paragraph (2)--
(A) in the subsection heading, by striking
``Definition'' and inserting ``Definitions'';
(B) by striking ``section, the term'' and inserting
the following: ``section:
``(1) The term''; and
(C) by adding at the end the following new
paragraphs:
``(2) The term `Changes clause' means the clause described
in part 52.243-4 of the Federal Acquisition Regulation or any
successor regulation.
``(3) The term `covered clause' means any clause
implementing the requirements of an Executive order issued by
the President.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 281 of title 10, United States Code, is amended by striking the
item relating to section 3862 and inserting the following:
``3862. Requests for equitable adjustment or other relief.''.
(c) Conforming Regulations.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall revise the
Department of Defense Supplement to the Federal Acquisition Regulation
to implement the requirements of section 3862 of title 10, United
States Code, as amended by subsection (a).
(d) Conforming Policy Guidance.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense shall
revise applicable policy guidance on other transactions to implement
the requirements of section 3862 of title 10, United States Code, as
amended by subsection (a).
SEC. 806. LIFE CYCLE MANAGEMENT AND PRODUCT SUPPORT.
(a) In General.--Section 4324(b) of title 10, United States Code,
is amended--
(1) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), (7), and (8) as subparagraphs (A), (B), (C), (D), (E),
(F), (G), and (J), respectively;
(2) by designating the matter preceding subparagraph (A),
as so redesignated, as paragraph (1);
(3) in paragraph (1), as so designated--
(A) in the matter preceding subparagraph (A), as so
redesignated--
(i) by inserting ``In general.--'' before
``Before granting''; and
(ii) by inserting ``for which the milestone
decision authority has received views from
appropriate materiel, logistics, or fleet
representatives'' after ``approved life cycle
sustainment plan'';
(B) by amending subparagraph (G), as so
redesignated, to read as follows:
``(G) an intellectual property management plan for
product support, including requirements for technical
data, software, and modular open system approaches (as
defined in section 4401 of this title);'';
(C) by inserting after subparagraph (G), as so
redesignated, the following new subparagraphs:
``(H) an estimate of the number of personnel needed
to operate and maintain the covered system, including
military personnel, Federal employees, contractors, and
host nation support personnel (as applicable);
``(I) a description of opportunities for foreign
military sales; and''; and
(4) by adding at the end of paragraph (1), as so
designated, the following new paragraph:
``(2) Subsequent phases.--Before granting Milestone C
approval (or the equivalent) for the covered system, the
milestone decision authority shall ensure that the life cycle
sustainment plan required by paragraph (1) for such covered
system has been updated to include views received by the
milestone decision authority from appropriate materiel,
logistics, or fleet representatives.''.
(b) Milestone C Approval Defined.--Section 4324(d) of title 10,
United States Code, is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) Milestone c approval.--The term `Milestone C
approval' has the meaning given that term in section 4172(e)(8)
of this title.''.
SEC. 807. AMENDMENTS TO CONTRACTOR EMPLOYEE PROTECTIONS FROM REPRISAL
FOR DISCLOSURE OF CERTAIN INFORMATION.
(a) Defense Contracts.--Section 4701 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)(G), by striking ``or
subcontractor'' and inserting ``, subcontractor,
grantee, subgrantee, or personal services contractor'';
and
(B) in paragraph (3)(A), by striking ``or
subcontractor'' and inserting ``, subcontractor,
grantee, subgrantee, or personal services contractor'';
(2) in subsection (b)(1), by striking ``contractor
concerned'' and inserting ``contractor, subcontractor, grantee,
subgrantee, or personal services contractor concerned'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``contractor concerned'' and
inserting ``contractor, subcontractor, grantee,
subgrantee, or personal services contractor
concerned'';
(ii) in subparagraph (A), by inserting ``,
subcontractor, grantee, subgrantee, or personal
services contractor'' after ``contractor'';
(iii) in subparagraph (B), by inserting ``,
subcontractor, grantee, subgrantee, or personal
services contractor'' after ``contractor'';
(iv) in subparagraph (C), by inserting ``,
subcontractor, grantee, subgrantee, or personal
services contractor'' after ``contractor''; and
(v) by inserting at the end the following
new subparagraph:
``(D) Consider disciplinary or corrective action
against any official of the Department of Defense.'';
and
(B) in paragraph (2), by inserting ``,
subcontractor, grantee, subgrantee, or personal
services contractor'' after ``contractor'';
(4) in subsection (d), by striking ``and subcontractors''
and inserting ``, subcontractors, grantees, subgrantees, or
personal services contractors'';
(5) in subsection (e)(2)--
(A) in the matter preceding subparagraph (A), by
striking ``or grantee of'' and inserting ``grantee,
subgrantee, or personal services contractor of''; and
(B) in subparagraph (B), by striking ``or grantee''
and inserting ``grantee, or subgrantee''; and
(6) in subsection (g)(5), by inserting ``or grants'' after
``contracts''.
(b) Civilian Contracts.--Section 4712 of title 41, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``or subgrantee''
and inserting ``subgrantee,'';
(B) in paragraph (2), by striking ``or subgrantee''
and inserting ``subgrantee, or personal services
contractor''; and
(C) in paragraph (3), by striking ``or subgrantee''
and inserting ``subgrantee, or personal services
contractor'';
(2) in subsection (b)(1), by striking ``or subgrantee
concerned'' and inserting ``subgrantee, or personal services
contractor concerned'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``or subgrantee concerned''
and inserting ``subgrantee, or personal
services contractor concerned'';
(ii) in subparagraph (A), by striking ``or
subgrantee'' and inserting ``subgrantee, or
personal services contractor'';
(iii) in subparagraph (B), by striking ``or
subgrantee'' and inserting ``subgrantee, or
personal services contractor'';
(iv) in subparagraph (C), by striking ``or
subgrantee'' and inserting ``subgrantee, or
personal services contractor''; and
(v) by inserting at the end the following
new subparagraph:
``(D) Consider disciplinary or corrective action against
any official of the executive agency, if appropriate.''; and
(B) in paragraph (2), by striking ``or subgrantee''
and inserting ``subgrantee, or personal services
contractor'';
(4) in subsection (d), by striking ``and subgrantees'' and
inserting ``subgrantees, and personal services contractors'';
and
(5) in subsection (f), by striking ``or subgrantee'' each
place it appears and inserting ``subgrantee, or personal
services contractor''.
SEC. 808. USE OF FIXED-PRICE TYPE CONTRACTS FOR CERTAIN MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) In General.--Section 818 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364) is amended
by adding at the end the following new subsection:
``(f) Conditions With Respect to Certain Low-rate Initial
Production.--
``(1) In general.--The number of low-rate initial
production lots associated with a major defense acquisition
program may not be more than one if--
``(A) the milestone decision authority authorizes
the use of a fixed-price type contract at the time of a
decision on Milestone B approval; and
``(B) the scope of the work of the fixed-price type
contract includes both the development and low-rate
initial production of items for such major defense
acquisition program.
``(2) Waiver.--The limitation in paragraph (1) may be
waived by the applicable service acquisition executive or a
designee of such executive if--
``(A) such waiver authority is not delegated to the
level of the contracting officer; and
``(B) written notification of a granted waiver,
including the associated rationale, is provided to the
congressional defense committees not later than 30 days
after issuance of the waiver.
``(3) Definitions.--In this subsection:
``(A) The term `low-rate initial production' has
the meaning given under section 4231 of title 10,
United States Code.
``(B) The term `milestone decision authority' has
the meaning given in section 4211 of title 10, United
States Code.
``(C) The term `major defense acquisition program'
has the meaning given in section 4201 of title 10,
United States Code.
``(D) The term `Milestone B approval' has the
meaning given in section 4172(e) of title 10, United
States Code.''.
(b) Modification of Regulations.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense shall
revise the Department of Defense Supplement to the Federal Acquisition
Regulation and any applicable regulations regarding the use of fixed-
price type contracts for a major defense acquisition program (as
defined in section 4201 of title 10, United States Code) to carry out
this section and the amendments made by this section.
SEC. 809. ACQUISITION REPORTING SYSTEM.
(a) In General.--The Secretary of Defense shall institute a defense
acquisition reporting system to replace the requirements of section
4351 of title 10, United States Code, as soon as practicable but not
later than June 30, 2023.
(b) Elements.--The reporting system required under subsection (a)
shall--
(1) produce the information necessary to carry out the
actions specified in chapter 325 of title 10, United States
Code;
(2) produce the information necessary to carry out the
actions specified in sections 4217 and 4311 of the Atomic
Energy Defense Act (50 U.S.C. 2537, 2577);
(3) incorporate--
(A) the lessons learned from the demonstration
carried out under subsection (b) of section 805 of the
National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1816); and
(B) the plans required under subsection (c) of such
section (Public Law 117-81; 135 Stat. 1817);
(4) provide the congressional defense committees and other
designated Government entities with access to acquisition
reporting that is updated on a not less than quarterly basis;
and
(5) include such other information and functions as the
Secretary of Defense determines appropriate to support the
acquisition reporting needs of the Department of Defense.
(c) Conforming Amendments.--The Atomic Energy Defense Act (50
U.S.C. 2501 et seq.) is amended--
(1) in section 4217(a)(2), by inserting ``or any successor
system,'' after ``United States Code,''; and
(2) in section 4311(a)(2), by inserting ``or any successor
system,'' after ``United States Code,''.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. INCLUSION IN BUDGET JUSTIFICATION MATERIALS OF ENHANCED
REPORTING ON PROPOSED CANCELLATIONS AND MODIFICATIONS TO
MULTIYEAR CONTRACTS.
Section 239c(b) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(2) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(1) A detailed explanation of the rationale for the
proposed cancellation or covered modification of the multiyear
contract.''.
SEC. 812. COMPTROLLER GENERAL ASSESSMENT OF ACQUISITION PROGRAMS AND
RELATED EFFORTS.
(a) In General.--Section 3072 of title 10, United States Code, is
amended--
(1) in the section heading, by striking ``initiatives'' and
inserting ``efforts'';
(2) by striking ``initiatives'' each place it appears and
inserting ``efforts'';
(3) in subsection (a), by striking ``through 2023'' and
inserting ``through 2026''; and
(4) in subsection (c), in the subsection heading, by
striking ``Initiatives'' and inserting ``Efforts''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 203 of title 10, United States Code, is amended in the item
relating to section 3072 by striking ``initiatives'' and inserting
``efforts''.
SEC. 813. EXTENSION OF DEFENSE MODERNIZATION ACCOUNT AUTHORITY.
Section 3136 of title 10, United States Code, is amended by
striking subsection (j).
SEC. 814. CLARIFICATION TO FIXED-PRICE INCENTIVE CONTRACT REFERENCES.
(a) Authority to Acquire Innovative Commercial Products and
Commercial Services Using General Solicitation Competitive
Procedures.--Section 3458(c)(2) of title 10, United States Code, is
amended by striking ``fixed-price incentive fee contracts'' and
inserting ``fixed-price incentive contracts''.
(b) Contractor Incentives to Achieve Savings and Improve Mission
Performance.--Section 832 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 1746 note) is amended
by striking ``fixed-price incentive fee contracts'' and inserting
``fixed-price incentive contracts''.
SEC. 815. MODIFICATION OF REPORTING REQUIREMENT IN CONNECTION WITH
REQUESTS FOR MULTIYEAR PROCUREMENT AUTHORITY FOR LARGE
DEFENSE ACQUISITIONS.
Section 3501(i)(2) of title 10, United States Code, is amended--
(1) by striking ``shall include'' and all that follows
through ``(A) A report'' and inserting ``shall include in the
request a report''; and
(2) by striking subparagraph (B).
SEC. 816. MODIFICATION OF PROVISION RELATING TO DETERMINATION OF
CERTAIN ACTIVITIES WITH UNUSUALLY HAZARDOUS RISKS.
Section 1684 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81) is amended--
(1) in subsection (a), by striking ``2022 and 2023'' and
inserting ``2022 through 2024''; and
(2) in subsection (b), by striking ``September 30, 2023''
and inserting ``September 30, 2024''.
SEC. 817. MODIFICATION TO PROHIBITION ON OPERATION OR PROCUREMENT OF
FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Section 848 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 4871 note) is
amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively;
(2) by inserting after subsection (a) the following new
subsection:
``(b) Prohibition on Certain Contracts.--The Secretary of Defense
may not enter into a contract (or extend or renew a contract) on or
after October 1, 2024, with an entity that operates (as determined by
the Secretary or the Secretary's designee) equipment from a covered
unmanned aircraft system company in the performance of a Department of
Defense contract.'';
(3) in subsection (c) (as so redesignated), by striking
``the restriction under subsection (a) if the operation or
procurement'' and inserting ``any restrictions under subsection
(a) or (b) if the operation, procurement, or contracting
action'';
(4) in subsection (d) (as so redesignated)--
(A) by inserting ``(or the Secretary's designee)''
after ``The Secretary of Defense'';
(B) by striking ``the restriction'' and all that
follows through ``basis'' inserting ``any restrictions
under subsections (a) or (b)''; and
(C) by striking ``operation or procurement'' and
inserting ``operation, procurement, or contracting
action''; and
(5) in subsection (e) (as so redesignated)--
(A) by amending paragraph (1) to read as follows:
``(1) Covered foreign country.--The term `covered foreign
country' means any of the following:
``(A) the People's Republic of China.
``(B) The Russian Federation.
``(C) The Islamic Republic of Iran.
``(D) The Democratic People's Republic of Korea.'';
and
(B) by adding at the end the following new
paragraph:
``(3) Covered unmanned aircraft system company.--The term
`covered unmanned aircraft system company' means any of the
following:
``(A) Da-Jiang Innovations (or any subsidiary or
affiliate of Da-Jiang Innovations).
``(B) Any entity that produces or provides unmanned
aircraft systems and is included on Consolidated
Screening List maintained by the International Trade
Administration of the Department of Commerce.
``(C) Any entity that produces or provides unmanned
aircraft systems and--
``(i) is domiciled in a covered foreign
country; or
``(ii) is subject to unmitigated foreign
ownership, control or influence by a covered
foreign country, as determined by the Secretary
of Defense unmitigated foreign ownership,
control or influence in accordance with the
National Industrial Security Program (or any
successor to such program).''.
(b) Policy Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall issue policy to--
(1) implement the requirements of section 848 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 10 U.S.C. 4871 note), as amended by this section,
including by establishing a due diligence process for the
Department of Defense to make determinations required by
subsection (b) of such section 848 (as amended by this
section); and
(2) establish an appeal process for any offerors or
awardees with which the Secretary has not entered into a
contract or has not extended or renewed a contract pursuant to
subsection (b) of such section 848 (as amended by this
section).
SEC. 818. EXTENSION OF PILOT PROGRAM TO ACCELERATE CONTRACTING AND
PRICING PROCESSES.
Section 890 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232), as most recently amended
by section 1831(j)(7) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-238; 134
Stat. 4217), is further amended--
(1) in subsection (a)(2), by striking ``of'' before
``chapter 271''; and
(2) in subsection (c), by striking ``January 2, 2023'' and
inserting ``January 2, 2024''.
SEC. 819. EXTENSION OF PILOT PROGRAM FOR DISTRIBUTION SUPPORT AND
SERVICES FOR WEAPONS SYSTEMS CONTRACTORS.
Section 883 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 4292 note prec.) is amended--
(1) in subsection (a), by striking ``six-year pilot
program'' and inserting ``seven-year pilot program''; and
(2) in subsection (g), by striking ``six years'' and
inserting ``seven years''.
SEC. 820. EXTENSION AND MODIFICATION OF NEVER CONTRACT WITH THE ENEMY.
Subtitle E of title VIII 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. 4871 note prec.) is amended--
(1) in section 841--
(A) in subsection (i)(1)--
(i) in the matter preceding subparagraph
(A), by striking ``2016, 2017, and 2018'' and
inserting ``2023, and annually thereafter'';
and
(ii) by adding at the end the following new
subparagraphs:
``(C) Specific examples where the authorities under
this section can not be used to mitigate national
security threats posed by vendors supporting Department
operations because of the restriction on using such
authorities only with respect to contingency
operations.
``(D) A description of the policies ensuring that
oversight of the use of the authorities in this section
is effectively carried out by a single office in the
Office of the Under Secretary of Defense for
Acquisition and Sustainment.''; and
(B) in subsection (n), by striking ``December 31,
2023'' and inserting ``December 31, 2025''; and
(2) in section 842(b)(1), by striking ``2016, 2017, and
2018'' and inserting ``2023, 2024, and 2025''.
SEC. 821. REPEAL OF REQUIREMENT FOR INSPECTOR GENERAL OF THE DEPARTMENT
OF DEFENSE TO CONDUCT CERTAIN REVIEWS.
Section 847(b) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 10 U.S.C. 1701 note) is amended--
(1) by striking ``Requirement.--'' and all that follows
through ``Each request'' and inserting ``Requirement.--Each
request''; and
(2) by striking paragraph (2).
SEC. 822. MODIFICATION OF CONTRACTS TO PROVIDE EXTRAORDINARY RELIEF DUE
TO INFLATION IMPACTS.
(a) Contract Modification Authority.--The first section of Public
Law 85-804 (50 U.S.C. 1431) is amended--
(1) by striking ``That the President'' and inserting the
following:
``Section 1. (a) That the President'';
(2) by striking ``an amount in excess of $50,000'' and
inserting ``an amount in excess of $500,000'';
(3) by striking ``any amount in excess of $25,000,000'' and
inserting ``an amount in excess of $150,000,000''; and
(4) by inserting after subsection (a) (as added by
paragraph (1)) the following new subsections:
``(b) Temporary Authority to Modify Certain Contracts and Options
Based on the Impacts of Inflation.--Only amounts specifically provided
by an appropriations Act for the purposes detailed in subsections (c)
and (d) of this section may be used by the Secretary of Defense to
carry out such subsections.
``(c)(1) The Secretary of Defense, acting pursuant to a
Presidential authorization under subsection (a) and in accordance with
subsection (b)--
``(A) may, notwithstanding subsection (e) of section 2 of
this Act (50 U.S.C. 1432(e)), make an amendment or modification
to an eligible contract when, due solely to economic inflation,
the cost to a prime contractor of performing such eligible
contract is greater than the price of such eligible contract;
and
``(B) may not request consideration from such prime
contractor for such amendment or modification.
``(2) A prime contractor may submit to the Secretary of Defense a
request for an amendment or modification to an eligible contract
pursuant to subsection (a) when, due solely to economic inflation, the
cost to a covered subcontractor of performing an eligible subcontract
is greater than the price of such eligible subcontract. Such request
shall include a certification that the prime contractor--
``(A) will remit to such covered subcontractor the
difference, if any, between the original price of such eligible
contract and the price of such eligible contract if the
Secretary of Defense makes an amendment or modification
pursuant to subsection (a); and
``(B) will not require such covered subcontractor to pay
additional consideration or fees related to such amendment or
modification.
``(3) If a prime contractor does not make the request described in
paragraph (2), a covered subcontractor may submit to a contracting
officer of the Department of Defense a request for an amendment or
modification to an eligible subcontract when, due solely to economic
inflation, the cost to such covered subcontractor of performing such
eligible subcontract is greater than the price of such eligible
subcontract.
``(d) Any adjustment or modification made pursuant to subsection
(c) to an eligible contract or an eligible subcontract shall--
``(1) be contingent upon the continued performance, as
applicable, of such eligible contract or such eligible
subcontract; and
``(2) account only for the actual cost of performing such
eligible contract or such eligible subcontract, but may account
for indirect costs of performance, as the Secretary of Defense
determines appropriate.
``(e) The authority under subsections (c) and (d) shall be
effective during the period beginning on the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2023 and ending
on December 31, 2023.
``(f) In this section:
``(1) The term `covered subcontractor' means a
subcontractor who has entered into an eligible subcontract with
a prime contractor.
``(2) The term `eligible contract' means a contract awarded
to a prime contractor by the Secretary of Defense pursuant to
subsection (a).
``(3) The term `eligible subcontract' means a subcontract
made under an eligible contract to a covered subcontractor.''.
(b) Guidance.--Not later than 90 days after the date of the
enactment of an Act providing appropriations to carry out section 1 of
Public Law 85-804 (50 U.S.C. 1431) (as added by subsection (a)), the
Under Secretary of Defense for Acquisition and Sustainment shall issue
guidance implementing the authority under subsections (b) through (d)
of section 1 of Public Law 85-804 (50 U.S.C. 1431) (as added by
subsection (a)).
Subtitle C--Provisions Relating to Acquisition Workforce
SEC. 831. KEY EXPERIENCES AND ENHANCED PAY AUTHORITY FOR ACQUISITION
WORKFORCE EXCELLENCE.
(a) Participation in the Public-private Talent Exchange Program.--
(1) In general.--Section 1701a(b) of title 10, United
States Code, is amended--
(A) in paragraph (9)(C), by striking ``and'' at the
end;
(B) in paragraph (10), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(11) ensure the participation in the public-private
talent exchange program established under section 1599g of this
title of up to 250 members of the acquisition workforce in each
fiscal year.''.
(2) Technical amendment.--Section 1701a(b)(2) of title 10,
United States Code, is further amended by striking ``as
defined'' and all that follows through ``this title'' and
inserting ``as defined in section 3001 of this title''.
(b) Enhanced Pay Authority for Positions in Department of Defense
Field Activities and Defense Agencies.--Section 1701b(e)(2) of title
10, United States Code, is amended to read as follows:
``(2) Number of positions.--The authority in subsection (a)
may not be used at any one time with respect to--
``(A) more than five positions, in total, in
Department of Defense Field Activities and Defense
Agencies;
``(B) more than five positions in the Office of the
Secretary of Defense; and
``(C) more than five positions in each military
department.''.
(c) Report on Public-private Talent Exchanges.--Section 1599g of
title 10, United States Code, is amended by adding at the end the
following new subsection:
``(k) Report.--Each member of the acquisition workforce that
participates in the program established under this section shall, upon
completion of such participation, submit to the President of the
Defense Acquisition University for inclusion in the report required
under section 1746a(e) a description and evaluation of such
participation.''.
SEC. 832. DEFENSE ACQUISITION UNIVERSITY REFORMS.
(a) In General.--Section 1746 of title 10, United States Code, is
amended--
(1) in subsection (b)--
(A) by amending paragraph (2) to read as follows:
``(2) The Secretary of Defense shall ensure the defense acquisition
university structure includes relevant expert lecturers from extramural
institutions (as defined in section 1746a(g) of this title), industry,
or federally funded research and development centers to advance
acquisition workforce competence regarding commercial business
interests, acquisition process-related innovations, and other relevant
leading practices of the private sector.'';
(B) by striking paragraph (3); and
(C) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively;
(2) in subsection (c), by striking ``commercial training
providers'' and inserting ``extramural institutions (as defined
in section 1746a(g) of this title)''; and
(3) by adding at the end the following new subsection:
``(e) President Appointment.--(1) The Under Secretary of Defense
for Acquisition and Sustainment shall appoint the President of the
Defense Acquisition University.
``(2) When determining who to appoint under paragraph (1), the
Under Secretary of Defense for Acquisition and Sustainment shall, in
consultation with the Under Secretary of Defense for Research and
Engineering and the service acquisition executives, prioritize highly
qualified candidates who demonstrate a combination of the following:
``(A) Leadership abilities.
``(B) Experience using leading practices to develop talent
in the private sector.
``(C) Other qualifying factors, including experience with
and an understanding of the defense acquisition system (as
defined in section 3001 of this title), an understanding of
emerging technologies and the defense applications of such
technologies, experience partnering with States, national
associations, and academia, and experience with learning
technologies.
``(3) The term of the President of the Defense Acquisition
University shall be not more than five years, unless the Under
Secretary of Defense for Acquisition and Sustainment determines it
necessary to extend the term for up to an additional five years. The
preceding sentence does not apply to the President of the Defense
Acquisition University serving on January 1, 2022.''.
(b) Implementation Report.--Not later than March 1, 2023, the
Secretary of Defense shall submit to the congressional defense
committees a plan to modify the defense acquisition university
structure to comply with section 1746(b)(2) of title 10, United States
Code, as amended by subsection (a). Such plan shall establish a date of
not later than March 1, 2026, for such modification to be completed.
SEC. 833. MODIFICATIONS TO DEFENSE CIVILIAN TRAINING CORPS.
Section 2200g of title 10, United States Code, is amended--
(1) by striking ``For the purposes of'' and all that
follows through ``establish and maintain'' and inserting the
following: ``The Secretary of Defense, acting through the Under
Secretary for Defense for Acquisition and Sustainment, shall
establish and maintain'';
(2) by designating the text of such section, as amended by
paragraph (1), as subsection (a); and
(3) by adding at the end the following new subsections:
``(b) Purpose.--The purpose of the Defense Civilian Training Corps
is to target critical skills gaps necessary to achieve the objectives
of the national defense strategies required by section 113(g) of this
title and the national security strategies required by section 108 of
the National Security Act of 1947 (50 U.S.C. 3043) by preparing
students selected for the Defense Civilian Training Corps for
Department of Defense careers relating to acquisition, digital
technologies, critical technologies, science, engineering, finance, and
other civilian occupations determined by the Secretary of Defense.
``(c) Use of Resources and Programs.--The Under Secretary of
Defense for Acquisition and Sustainment may leverage the resources and
programs of the acquisition research organization within a civilian
college or university that is described under section 4142(a) of this
title (commonly referred to as the `Acquisition Innovation Research
Center') to carry out the requirements of this chapter.''.
SEC. 834. ACQUISITION WORKFORCE INCENTIVES RELATING TO TRAINING ON, AND
AGREEMENTS WITH, CERTAIN START-UP BUSINESSES.
(a) Training.--
(1) Curricula.--Not later than one year after the date of
the enactment of this Act, the Director of the Acquisition
Innovation Research Center shall make recommendations on one or
more curricula for members of the acquisition workforce on
financing and operations of start-up businesses, which may
include the development of new curricula, the modification of
existing curricula, or the adoption of curricula from another
agency, academia, or the private sector.
(2) Elements.--Courses under curricula recommended under
paragraph (1) shall be offered with varying course lengths and
level of study.
(3) Incentives.--The Secretary of Defense shall develop a
program to offer incentives to a member of the acquisition
workforce that completes a curriculum developed, modified, or
adopted under paragraph (1).
(4) Additional training materials.--In recommending
curricula under paragraph (1), the Director of the Acquisition
Innovation Research Center shall consider and incorporate
appropriate training materials from university, college, trade-
school, or private-sector curricula in business, law, or public
policy.
(b) Exchanges.--
(1) In general.--The Secretary of Defense shall establish a
pilot program under which the Secretary shall, in accordance
with section 1599g of title 10, United States Code, arrange for
the temporary assignment of--
(A) one or more members of the acquisition
workforce to a start-up business; or
(B) an employee of a start-up business to an office
of the Department of Defense.
(2) Priority.--The Secretary shall prioritize for
participation in the pilot program described under paragraph
(1)(A) members of the acquisition workforce who have completed
a curriculum required under paragraph (1).
(3) Termination.--The Secretary may not carry out the pilot
program authorized by this subsection after the date that is
three years after the date of the enactment of this Act.
(c) Conferences.--The Secretary of Defense shall identify existing
conferences sponsored by the Department of Defense that might be
expanded to include opportunities for sharing knowledge and best
practices on software acquisition issues. Such opportunities shall
maximize participation between members of the acquisition workforce,
employees of start-up businesses, and investors in start-up businesses.
(d) Pilot Program.--
(1) Establishment.--Not later than 18 months after the date
of the enactment of this Act, the Secretary of Defense shall
establish a pilot program to test the feasibility of innovative
approaches to negotiating and establishing intellectual
property and data rights in agreements with start-up businesses
for the procurement of software and software-embedded systems.
(2) Authority.--To the maximum extent practicable, the
Secretary shall--
(A) ensure that a member of the acquisition
workforce who has completed a curriculum required under
subsection (a) is able to exercise authority to apply
an approach described in paragraph (1); and
(B) provide incentives to such member to exercise
such authority.
(3) Elements.--An approach described in paragraph (1) shall
include the following:
(A) Flexible and tailored requirements relating to
the acquisition and licensing of intellectual property
and data rights in the software and software-embedded
systems to be acquired under the agreement.
(B) An identification and definition of the
technical interoperability standards required for such
software and software-embedded systems.
(C) Flexible mechanisms for access and delivery of
code for such software, including documentation of the
costs and benefits of each such mechanism.
(4) Termination.--The Secretary may not carry out the pilot
program authorized by this subsection after the date that is 5
years after the date of the enactment of this Act.
(e) Definitions.--In this section:
(1) The term ``Acquisition Innovation Research Center''
means the acquisition research organization within a civilian
college or university that is described under section 4142(a)
of title 10, United States Code.
(2) The term ``acquisition workforce'' has the meaning
given in section 101 of title 10, United States Code.
(3) The term ``start-up business'' means a small business
that has been in existence for 5 years or less.
SEC. 835. CURRICULA ON SOFTWARE ACQUISITIONS AND CYBERSECURITY SOFTWARE
OR HARDWARE ACQUISITIONS FOR COVERED INDIVIDUALS.
(a) Curricula.--The President of the Defense Acquisition
University, shall supplement existing training curricula related to
software acquisitions and cybersecurity software or hardware
acquisitions and offer such curricula to covered individuals to
increase digital literacy related to such acquisitions by developing
the ability of such covered individuals to use technology to identify,
critically evaluate, and synthesize data and information related to
such acquisitions.
(b) Elements.--Curricula developed pursuant to subsection (a) shall
provide information on--
(1) cybersecurity, information technology systems, computer
networks, cloud computing, artificial intelligence, machine
learning, distributed ledger technologies, and quantum
technologies;
(2) cybersecurity threats and capabilities;
(3) activities that encompass the full range of threat
reduction, vulnerability reduction, deterrence, incident
response, resiliency, and recovery policies and activities,
including activities relating to computer network operations,
information assurance, military missions, and intelligence
missions to the extent such activities relate to the security
and stability of cyberspace; and
(4) the industry best practices relating to software
acquisitions and cybersecurity software or hardware
acquisitions.
(c) Plan.--Not later than 180 days after enactment of this Act, the
Secretary of Defense, in consultation with the President of the Defense
Acquisition University, shall submit to Congress a comprehensive plan
to implement the curricula developed under subsection (a) that includes
a comparison with similar existing training curricula. Such plan shall
include a list of resources required for and costs associated with such
implementation, including--
(1) curriculum development;
(2) hiring instructors to teach the curriculum;
(3) facilities; or
(4) website development.
(d) Implementation.--Not later than one year after the date on
which the plan described in subsection (d) is submitted to the
Committees on Armed Services of the Senate and House of
Representatives, the President of the Defense Acquisition University
shall offer the curricula developed under subsection (a) to covered
individuals.
(e) Report.--Not later than one year after the date on which the
plan described in subsection (d) is submitted to the Committees on
Armed Services of the Senate and House of Representatives, the
Secretary of Defense, in consultation with the President of the Defense
Acquisition University, shall submit to Congress a report assessing the
costs and benefits of requiring all covered individuals to complete the
curricula developed under subsection (a).
(f) Covered Individuals Defined.--In this section, the term
``covered individuals'' means an individual serving in a position
designated under section 1721(b) of title 10, United States Code, who
is regularly consulted for software acquisitions or cybersecurity
software or hardware acquisitions.
SEC. 836. DEPARTMENT OF DEFENSE NATIONAL IMPERATIVE FOR INDUSTRIAL
SKILLS PROGRAM.
(a) In General.--The Secretary of Defense, acting through the
Industrial Base Analysis and Sustainment program of the Department of
Defense, shall evaluate and further develop workforce development
training programs (as defined by the Secretary of Defense) for training
the skilled industrial workers (as defined by the Secretary of Defense)
that are needed in the defense industrial base through the National
Imperative for Industrial Skills program of the Department of Defense
(or a successor program).
(b) Priorities.--In carrying out this section, the Secretary shall
prioritize workforce development training programs that--
(1) are innovative, lab-based, or experientially-based;
(2) rapidly train skilled industrial workers for employment
with entities in the defense industrial base faster than
traditional workforce development training programs and at the
scale needed to measurably reduce, as rapidly as possible, the
shortages of skilled industrial workers in the defense
industrial base, including modernization of required equipment
and training curricula;
(3) recruit skilled industrial workers who are
manufacturing workers from underrepresented communities;
(4) provide students and skilled industrial workers with
the support needed to successfully participate in the defense
industrial base;
(5) address the specific manufacturing requirements and
skills that are unique to critical industrial sectors of the
defense industrial base as defined by the Secretary of Defense,
such as naval shipbuilding; and
(6) with respect to Federal workforce development training
programs in existence on or before the date of the enactment of
this Act--
(A) maximize the use of such Federal workforce
development training programs; or
(B) expand on the activities of such Federal
workforce development training programs.
Subtitle D--Provisions Relating to Software and Technology
SEC. 841. GUIDELINES AND RESOURCES ON THE ACQUISITION OR LICENSING OF
INTELLECTUAL PROPERTY.
Section 3791 of title 10, United States Code, is amended--
(1) in the section heading, by striking ``department of
defense'' and inserting ``Department of Defense''; and
(2) by adding at the end the following new subsection:
``(c) Guidelines and Resources.--
``(1) In general.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition and Sustainment,
shall develop guidelines and resources on the acquisition or
licensing of intellectual property, including--
``(A) intellectual property strategies and other
mechanisms supporting the use of modular open system
approaches (as defined in section 4401(b) of this
title);
``(B) evaluation and negotiation of intellectual
property licenses in competitive and non-competitive
awards;
``(C) models and best practices for specially
negotiated licenses, including specially negotiated
licenses described in section 3774(c) of this title;
and
``(D) definitions, key terms, examples, and case
studies that clarify differences between--
``(i) detailed manufacturing and process
data;
``(ii) form, fit, and function data;
``(iii) data required for operations,
maintenance, installation, and training;
``(iv) modular system interfaces (as
defined in section 4401(b) of this title); and
``(v) technical data pertaining to an
interface between an item or process and other
items or processes necessary for the
segregation of an item or process from, or the
reintegration of that item or process (or a
functionally equivalent item or process) with,
other items or processes.
``(2) Guidelines and resources limit.--The guidelines and
resources developed under paragraph (1) may not alter or affect
any authority or duty under this section or section 1707 of
this title.
``(3) Review and consultation.--In developing the
guidelines and resources described in paragraph (1), the
Secretary shall--
``(A) review the applicable statutory and
regulatory history, including among the definitions and
key terms in section 3771 of this title, to ensure
consistency; and
``(B) regularly consult with appropriate government
and industry persons and organizations.
``(4) Training.--The Secretary of Defense shall ensure that
the acquisition workforce receives training on the guidelines
and resources developed under paragraph (1).''.
SEC. 842. MODIFICATION OF AUTHORITY OF THE DEPARTMENT OF DEFENSE TO
CARRY OUT CERTAIN PROTOTYPE PROJECTS.
Section 4022 of title 10, United States Code, is amended--
(1) in subsection (a)(2)--
(A) by striking ``, and any follow-on production
contract or transaction that is awarded pursuant to
subsection (f),'' both places it appears;
(B) in subparagraph (A)(ii), by striking ``; and''
and inserting a semicolon;
(C) in subparagraph (B)(ii), by striking the period
at the end and inserting ``; and''; and
(D) by adding at the end the following new
subparagraph:
``(C) may be exercised for a transaction for a follow-on
production contract or transaction that is awarded pursuant to
subsection (f) and expected to cost the Department of Defense
in excess of $100,000,000 (including all options) only if a
covered official--
``(i) determines in writing that--
``(I) the requirements of subsection (d)
will be met; and
``(II) the use of the authority of this
section is essential to meet critical national
security objectives; and
``(ii) notifies the congressional defense
committees in writing of the determinations required
under clause (i) at the time such authority is
exercised.'';
(2) in subsection (e)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (4), respectively;
(B) by inserting before paragraph (2), as
redesignated by subparagraph (A), the following new
paragraph:
``(1) The term `covered official' means--
``(A) a service acquisition executive;
``(B) the Director of the Defense Advanced Research
Projects Agency;
``(C) the Director of the Missile Defense Agency;
``(D) the Undersecretary of Defense for Acquisition
and Sustainment; or
``(E) the Undersecretary of Defense for Research
and Engineering.''; and
(C) by inserting after paragraph (2), as so
redesignated, the following new paragraph:
``(3) The term `service acquisition executive' has the
meaning given that term in section 101(a) of this title.''; and
(3) in subsection (f)(2), in the matter preceding
subparagraph (A), by striking ``of section 2304 of this
title,'' and inserting the following: ``of chapter 221 of this
title and even if explicit notification was not listed within
the request for proposal for the transaction''.
SEC. 843. OTHER TRANSACTION AUTHORITY CLARIFICATION.
Section 4022 of title 10, United States Code, as amended by section
842, is further amended--
(1) in subsection (a)(1), by striking ``military personnel
and the supporting'' and inserting ``personnel of the
Department of Defense or improving'';
(2) in subsection (e), by adding at the end the following
new paragraph:
``(5) The term `prototype project' includes a project that
addresses--
``(A) a proof of concept, model, or process,
including a business process;
``(B) reverse engineering to address obsolescence;
``(C) a pilot or novel application of commercial
technologies for defense purposes;
``(D) agile development activity;
``(E) the creation, design, development, or
demonstration of operational utility; or
``(F) any combination of subparagraphs (A) through
(E).''; and
(3) by adding at the end the following new subsection:
``(i) Pilot Authority for Use of Other Transactions for
Installation or Facility Prototyping.--
``(1) In general.--The Secretary of Defense or the
Secretary of a military department may establish a pilot
program under which the Secretary may, under the authority of
this section, carry out prototype projects that are directly
relevant to enhancing the ability of the Department of Defense
to prototype the design, development, or demonstration of new
construction techniques or technologies to improve military
installations or facilities (as such terms are defined in
section 2801 of this title).
``(2) Limits.--In carrying out prototype projects under the
pilot program established under paragraph (1)--
``(A) not more than two prototype projects may
begin to be carried out per fiscal year under such
pilot program; and
``(B) the aggregate value of all transactions
entered into under such pilot program may not exceed
$200,000,000.
``(3) Sunset.--
``(A) In general.--Except as provided in
subparagraph (B), the authority to carry out prototype
projects under the pilot program established under
paragraph (1) shall terminate on September 30, 2025.
``(B) Ongoing project exception.--Subparagraph (A)
shall not apply with respect to prototype projects
being carried out under the pilot program established
under paragraph (1) on the date described in
subparagraph (A).''.
SEC. 844. PRIZES FOR ADVANCED TECHNOLOGY ACHIEVEMENTS.
Section 4025 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``that have'' and inserting
``that--''
``(1) have'';
(B) by striking ``Defense.'' and inserting
``Defense; or''; and
(C) by adding at the end the following new
paragraph:
``(2) demonstrate management practices that improve the
schedule or performance, reduce the costs, or otherwise support
the transition of technology into acquisition programs or
operational use.'';
(2) in subsection (b), by striking ``of research results,
technology developments, and prototypes'';
(3) in subsection (d), by striking ``to acquire, support,
or stimulate basic, advanced and applied research, technology
development, or prototype projects'';
(4) in subsection (f), by striking ``section 2304'' and
inserting ``chapter 221''; and
(5) in subsection (g)(2)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (A) the
following new subparagraphs:
``(B) if applicable, a summary of the management
practice that contributed to an improvement to schedule
or performance or a reduction in cost relating to the
transition of technology;
``(C) an identification of any program executive
officer (as defined in section 1737 of this title)
responsible for implementation or oversight of research
results, technology development, prototype development,
or management practices (as applicable) for which an
award was made under this section, and a brief summary
of lessons learned by such program executive officer in
carrying out such implementation or oversight;''.
SEC. 845. CONGRESSIONAL NOTIFICATION FOR PILOT PROGRAM TO ACCELERATE
THE PROCUREMENT AND FIELDING OF INNOVATIVE TECHNOLOGIES.
Section 834 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1835; 10 U.S.C. 4061 note) is
amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Congressional Notification.--The Secretary of Defense shall
notify the congressional defense committees within 30 days after
funding has been provided for a proposal selected for an award under
the pilot program established under this section.''.
SEC. 846. REPORT ON SOFTWARE DELIVERY TIMES.
(a) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter until December 31, 2028,
the Under Secretary of Defense for Acquisition and Sustainment, in
consultation with the Chief Information Officer of the Department of
Defense and the Chief Digital and Artificial Intelligence Officer,
shall submit to the congressional defense committees a report on the
following:
(1) A description of covered software delivered during the
fiscal year preceding the date of the report that is being
developed using iterative development, including a description
of the capabilities delivered for operational use.
(2) For such covered software not developed using iterative
development, an explanation for not using iterative development
and a description of the development method used.
(3) For such covered software being developed using
iterative development, the frequency with which capabilities of
such covered software were delivered, disaggregated as follows:
(A) Covered software for which capabilities were
delivered during period of less than three months.
(B) Covered software for which capabilities were
delivered during period of more than three months and
less than six months.
(C) Covered software for which capabilities were
delivered during period of more than six months and
less than nine months.
(D) Covered software for which capabilities were
delivered during period of more than nine months and
less than 12 months.
(4) With respect to covered software described in paragraph
(3) for which capabilities of such covered software were not
delivered in fewer than 12 months, an explanation of why such
delivery was not possible.
(b) Definitions.--In this section:
(1) The term ``Chief Digital and Artificial Intelligence
Officer'' means--
(A) the official designated as the Chief Digital
and Artificial Intelligence Officer of the Department
of Defense pursuant to the memorandum of the Secretary
of Defense titled ``Establishment of the Chief Digital
and Artificial Intelligence Officer'' dated December 8,
2021; or
(B) if there is no official designated as such
Officer, the official within the Office of the
Secretary of Defense with primary responsibility for
digital and artificial intelligence matters.
(2) The term ``covered software'' means software that is
being developed that--
(A) was acquired using a software acquisition
pathway established under section 800 of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92); or
(B) is a covered defense business system, as
defined in section 2222(i) of title 10, United States
Code.
(3) The term ``iterative development'' has the meaning
given the term ``agile or iterative development'' in section
891 of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 10 115-91; 131 Stat. 1509; 10 U.S.C. 1746
note).
Subtitle E--Industrial Base Matters
SEC. 851. MODIFICATION TO THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
Section 4801(1) of title 10, United States Code, is amended by
inserting ``New Zealand,'' after ``Australia,''.
SEC. 852. MODIFICATION TO MISCELLANEOUS LIMITATIONS ON THE PROCUREMENT
OF GOODS OTHER THAN UNITED STATES GOODS.
Section 4864 of title 10, United States Code, as amended by section
853, is further amended by adding at the end the following new
subsection:
``(l) Periodic Review.--
``(1) Recommendation.--Not later than November 1, 2024, and
every five years thereafter, the Under Secretary of Defense for
Acquisition and Sustainment shall review each item described in
subsections (a) and (e) of this section and submit to the
congressional defense committees, in writing, one of the
following recommendations:
``(A) Recommend continued inclusion of the item
under this section.
``(B) Recommend continued inclusion of the item
under this section with modifications.
``(C) Recommend discontinuing inclusion of the item
under this section.
``(2) Elements.--Each review required under paragraph (1)
shall include, with respect to the five-year period preceding
the date of submission of the written determination related to
such a review, the following elements:
``(A) The criticality of the item reviewed to a
military unit's mission accomplishment or other
national security objectives.
``(B) The extent to which such item is fielded in
current programs of record.
``(C) The number of such items to be procured by
current programs of record.
``(D) The extent to which cost and pricing data for
such item has been deemed fair and reasonable.
``(3) Justification.--The written determination required
under paragraph (1) shall also include the findings of the
applicable review conducted under such paragraph and any key
justifications for the recommendation.''.
SEC. 853. REQUIREMENTS FOR THE PROCUREMENT OF CERTAIN COMPONENTS FOR
CERTAIN NAVAL VESSELS AND AUXILIARY SHIPS.
(a) Requirement That Certain Auxiliary Ship Components Be
Manufactured in the National Technology and Industrial Base.--
(1) Technical amendment.--Section 4864 of title 10, United
States Code, is amended by redesignating subsection (l)
(relating to ``Implementation of auxiliary ship component
limitation'') as subsection (k).
(2) Components for auxiliary ships.--Paragraph (4) of
section 4864(a) of title 10, United States Code, is amended--
(A) in the subsection heading, by inserting ``and
T-ARC'' after ``T-AO 205''; and
(B) by inserting ``and T-ARC'' after ``T-AO 205''.
(b) Regulations.--Not later than June 1, 2023, the Secretary of
Defense shall issue regulations for carrying out section 4864(j) of
title 10, United States Code.
SEC. 854. MODIFICATIONS TO THE PROCUREMENT TECHNICAL ASSISTANCE
PROGRAM.
(a) Administrative and Other Logistical Costs.--Section 4961 of
title 10, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``Director of the Defense Logistics Agency'' and inserting
``Secretary'';
(2) in paragraph (1), by striking ``three'' and inserting
``four''; and
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A) by
striking ``Director'' and inserting ``Secretary''; and
(B) in subparagraph (A), by inserting ``, including
meetings of an association recognized under section
4954(f),'' after ``meetings''.
(b) Cooperative Agreements.--Section 4954 of title 10, United
States Code, is amended by adding at the end the following new
subsections:
``(f) Association Recognition and Duties.--Eligible entities that
provide procurement technical assistance pursuant to this chapter may
form an association to pursue matters of common concern. If more than a
majority of such eligible entities are members of such an association,
the Secretary shall--
``(1) recognize the existence and activities of such an
association; and
``(2) jointly develop with such association a model
cooperative agreement that may be used at the option of the
Secretary and an eligible entity.''.
(c) Regulations.--Section 4953 of title 10, United States Code, is
amended by inserting ``, and shall consult with an association
recognized under section 4954(f) regarding any revisions to such
regulations'' before the period at the end.
(d) Funding.--Section 4955(a)(1) of title 10, United States Code,
is amended by striking ``$1,000,000'' and inserting ``$1,500,000''.
SEC. 855. CODIFICATION OF PROHIBITION ON CERTAIN PROCUREMENTS FROM THE
XINJIANG UYGHUR AUTONOMOUS REGION.
(a) Repeal.--Section 848 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 4651 note prec.) is
repealed.
(b) Prohibition on Certain Procurements From the Xinjiang Uyghur
Autonomous Region.--Chapter 363 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 4661. Prohibition on certain procurements from the Xinjiang
Uyghur Autonomous Region
``(a) Prohibition on the Availability of Funds for Certain
Procurements From XUAR.--None of the funds authorized to be
appropriated by a national defense authorization Act or any other Act,
or otherwise made available for any fiscal year for the Department of
Defense, may be obligated or expended to knowingly procure any products
mined, produced, or manufactured wholly or in part by forced labor from
XUAR or from an entity that has used labor from within or transferred
from XUAR as part of a `poverty alleviation' or `pairing assistance'
program.
``(b) Definitions.--In this section, the terms `forced labor' and
`XUAR' have the meanings given, respectively, in section 2496 of this
title.''.
(c) Clerical Amendment.--The table of contents for such chapter is
amended by adding at the end the following new item:
``4661. Prohibition on certain procurements from the Xinjiang Uyghur
Autonomous Region.''.
(d) Policy Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall issue a policy to
require that an offeror or awardee of a Department of Defense contract
shall make a good faith effort to determine that forced labor from
XUAR, as described in section 4661 of title 10, United States Code (as
amended by subsection (b)), will not be used in the performance of such
contract.
SEC. 856. CODIFICATION OF THE DEPARTMENT OF DEFENSE MENTOR-PROTEGE
PROGRAM.
(a) In General.--Section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (10 U.S.C. 4901 note prec.) is transferred to
subchapter I of chapter 387 of title 10, United States Code, inserted
after section 4901, and redesignated as section 4902.
(b) Amendments.--Section 4902 of title 10, United States Code, as
so transferred and redesignated, is amended--
(1) in the section heading, by striking ``mentor-protege
pilot'' and inserting ``department of defense mentor-protege'';
(2) in the heading for subsection (a), by striking
``Pilot'';
(3) in subsections (a) and (c), by striking ``pilot'' each
place it appears;
(4) in subsection (d)(1)(B)(iii)--
(A) in subclause (I), by striking ``$100,000,000''
and inserting ``$25,000,000''; and
(B) in subclause (II), by striking ``subsection
(k)'' and inserting ``subsection (j)'';
(5) in subsection (e)(2), by striking ``two years'' each
place it appears and inserting ``three years'';
(6) in subsection (f)--
(A) in paragraph (1)(B), by inserting
``manufacturing, test and evaluation,'' after
``inventory control,''; and
(B) in paragraph (6)(B), by striking ``pursuant
to'' and all that follows through the semicolon at the
end and inserting ``pursuant to chapter 388 of this
title;'';
(7) in subsection (g)(3)(C), by striking ``subsection (k)''
and inserting ``subsection (j)'';
(8) by striking subsections (j) and (n);
(9) by redesignating subsections (k) through (m) as
subsections (j) through (l), respectively;
(10) by redesignating subsection (o) as subsection (n);
(11) in subsection (j), as so redesignated--
(A) by striking ``pilot'' each place it appears;
(B) by striking ``by which mentor firms'' and
inserting ``by which the parties''; and
(C) by striking ``The Secretary shall publish'' and
all that follows through ``270 days after the date of
the enactment of this Act.'';
(12) in paragraph (7)(B) of subsection (k), as so
redesignated, by striking ``pursuant to'' and all that follows
through ``; or'' and inserting ``pursuant to chapter 388 of
this title; or'';
(13) in subsection (l), as so redesignated, by striking
``subsection (l)'' and inserting ``subsection (k)'';
(14) by inserting after subsection (l), as so redesignated,
the following new subsection:
``(m) Annual Collection of Performance Data.--The Director of the
Office of Small Business Programs shall--
``(1) maintain outcome-based performance goals and annually
collect data through an automated information system (if
practicable) assessing such goals; and
``(2) conduct an independent review of the Mentor-Protege
Program established under this section at least once every
three years.''; and
(15) by amending subsection (n), as so redesignated, to
read as follows:
``(n) Definitions.--In this section:
``(1) The term `affiliation', with respect to a
relationship between a mentor firm and a protege firm, means a
relationship described under section 121.103 of title 13, Code
of Federal Regulations (or any successor regulation).
``(2) The term `disadvantaged small business concern' means
a firm that is not more than the size standard corresponding to
its primary North American Industry Classification System code,
is not owned or managed by individuals or entities that
directly or indirectly have stock options or convertible
securities in the mentor firm, and is--
``(A) a small business concern owned and controlled
by socially and economically disadvantaged individuals;
``(B) a business entity owned and controlled by an
Indian tribe as defined by section 8(a)(13) of the
Small Business Act (15 U.S.C. 637(a)(13));
``(C) a business entity owned and controlled by a
Native Hawaiian Organization as defined by section
8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15));
``(D) a qualified organization employing severely
disabled individuals;
``(E) a small business concern owned and controlled
by women, as defined in section 8(d)(3)(D) of the Small
Business Act (15 U.S.C. 637(d)(3)(D));
``(F) a small business concern owned and controlled
by service-disabled veterans (as defined in section
8(d)(3) of the Small Business Act (15 U.S.C.
637(d)(3)));
``(G) a qualified HUBZone small business concern
(as defined in section 31(b) of the Small Business Act
(15 U.S.C. 657a(b))); or
``(H) a small business concern that--
``(i) is a nontraditional defense
contractor, as such term is defined in section
3014 of this title; or
``(ii) currently provides goods or services
in the private sector that are critical to
enhancing the capabilities of the defense
supplier base and fulfilling key Department of
Defense needs.
``(3) The term `historically Black college and university'
means any of the historically Black colleges and universities
referred to in section 2323 of this title, as in effect on
March 1, 2018.
``(4) The term `minority institution of higher education'
means an institution of higher education with a student body
that reflects the composition specified in section 312(b)(3),
(4), and (5) of the Higher Education Act of 1965 (20 U.S.C.
1058(b)(3), (4), and (5)).
``(5) The term `qualified organization employing the
severely disabled' means a business entity operated on a for-
profit or nonprofit basis that--
``(A) uses rehabilitative engineering to provide
employment opportunities for severely disabled
individuals and integrates severely disabled
individuals into its workforce;
``(B) employs severely disabled individuals at a
rate that averages not less than 20 percent of its
total workforce;
``(C) employs each severely disabled individual in
its workforce generally on the basis of 40 hours per
week; and
``(D) pays not less than the minimum wage
prescribed pursuant to section 6 of the Fair Labor
Standards Act (29 U.S.C. 206) to those employees who
are severely disabled individuals.
``(6) The term `severely disabled individual' means an
individual who is blind (as defined in section 8501 of title
41) or a severely disabled individual (as defined in such
section).
``(7) The term `small business concern' has the meaning
given such term under section 3 of the Small Business Act (15
U.S.C. 632).
``(8) The term `small business concern owned and controlled
by socially and economically disadvantaged individuals' has the
meaning given such term in section 8(d)(3)(C) of the Small
Business Act (15 U.S.C. 637(d)(3)(C)).
``(9) The term `subcontracting participation goal', with
respect to a Department of Defense contract, means a goal for
the extent of the participation by disadvantaged small business
concerns in the subcontracts awarded under such contract, as
established pursuant to section 8(d) of the Small Business Act
(15 U.S.C. 637(d)).''.
(c) Clerical Amendment.--The table of sections for subchapter I of
chapter 387 of title 10, United States Code, is amended by adding at
the end the following new item:
``4902. Department of Defense Mentor-Protege Program.''.
(d) Protege Technical Reimbursement Pilot Program.--
(1) In general.--Not later than July 1, 2023, the Director
of the Office of Small Business Programs of the Department of
Defense (as appointed pursuant to section 144 of title 10,
United States Code) shall establish a pilot program under which
a protege firm may receive up to 25 percent of the
reimbursement for which the mentor firm of such protege firm is
eligible under the Mentor-Protege Program for a covered
activity described in paragraph (2).
(2) Activity described.--A covered activity under this
paragraph is an engineering, software development, or
manufacturing customization that the protege firm implements in
order to ensure that a technology developed by the protege firm
will be ready for integration with a program or system of the
Department of Defense.
(3) Definitions.--In this subsection:
(A) The terms ``mentor firm'', ``protege firm''
have the meanings given under section 4902 of title 10,
United States Code, as amended by this section.
(B) The term ``Mentor-Protege Program'' means the
Mentor-Protege Program established under section 4902
of title 10, United States Code, as amended by this
section.
(4) Termination.--The pilot program established under
paragraph (1) shall terminate on the date that is five years
after the date on which the pilot program is established.
(e) Conforming Amendments.--
(1) Buy indian act.--Section 23(a)(2) of the Act of June
25, 1910 (commonly known as the ``Buy Indian Act'') (36 Stat.
861, 25 U.S.C. 47(a)(2)) is amended by striking ``section
831(c) of the National Defense Authorization Act for Fiscal
Year 1991 (10 U.S.C. 2302 note; Public Law 101-510)'' and
inserting ``section 4902(c) of title 10, United States Code''.
(2) Small business act.--Section 8(d)(12) of the Small
Business Act (15 U.S.C. 637(d)(12)) is amended--
(A) by striking ``the pilot Mentor-Protege Program
established pursuant to section 831 of the National
Defense Authorization Act for Fiscal Year 1991 (Public
Law 101-510; 10 U.S.C. 2301 note)'' and inserting ``the
Mentor-Protege Program established under section 4902
of title 10, United States Code,''; and
(B) by striking ``subsection (g)'' and inserting
``subsection (f)''.
(f) Regulations.--Not later than December 31, 2023, the Secretary
of Defense shall issue regulations for carrying out section 4902 of
title 10, United States Code, as amended by this section.
(g) Agreements Under Pilot Program.--The amendments made by this
section shall not apply with respect to any agreement entered into
under the program as established under section 831 of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104
Stat. 1607) before the date of the enactment of this Act.
SEC. 857. PROCUREMENT REQUIREMENTS RELATING TO RARE EARTH ELEMENTS AND
STRATEGIC AND CRITICAL MATERIALS.
(a) Disclosures Concerning Rare Earth Elements and Strategic and
Critical Materials by Contractors of Department of Defense.--
(1) Requirement.--Beginning on the effective date of this
subsection, the Secretary of Defense shall--
(A) require that any contractor that provides to
the Department of Defense a system with a permanent
magnet that contains rare earth elements or strategic
and critical materials disclose, after undertaking a
commercially reasonable inquiry and along with delivery
of the system, the provenance of the magnet; and
(B) safeguard such disclosures in accordance with
applicable classification level required by the
associated programs.
(2) Elements.--A disclosure under paragraph (1) shall
include an identification of the country or countries in
which--
(A) any rare earth elements and strategic and
critical materials used in the magnet were mined;
(B) such elements and minerals were refined into
oxides;
(C) such elements and minerals were made into
metals and alloys; and
(D) the magnet was sintered or bonded and
magnetized.
(3) Implementation of supply chain tracking system.--If a
contractor cannot make the disclosure required by paragraph (1)
with respect to a system described in that paragraph, the
Secretary shall require the contractor to establish and
implement a supply chain tracking system in order to make the
disclosure to the fullest extent possible not later than 180
days after the contractor provides the system to the Department
of Defense. The tracking system shall--
(A) include a description of the efforts taken by
the contractor to date to make the disclosure required
by paragraph (1);
(B) take into account the possible refusal of
certain foreign entities to provide the contractor the
information necessary to make the disclosure required
by paragraph (1); and
(C) require the contractor to report to the
Secretary the name, location, and other identifying
information of any entities which refuse to provide the
contractor with the information necessary to make the
disclosure required by paragraph (1).
(4) Waivers.--
(A) In general.--The Secretary may waive a
requirement under paragraph (1) or (3) with respect to
a system described in paragraph (1) for a period of not
more than 180 days if the Secretary certifies to the
Committees on Armed Services of the Senate and the
House of Representatives that--
(i) the continued procurement of the system
is necessary to meet the demands of a national
emergency declared under section 201 of the
National Emergencies Act (50 U.S.C. 1621); or
(ii) a contractor that cannot currently
make the disclosure required by paragraph (1)
is making significant efforts to comply with
the requirements of that paragraph.
(B) Waiver renewals.--The Secretary may renew a
waiver as many times as the Secretary considers
appropriate, provided that the Secretary submits an
updated certification to the committees.
(C) Limitation.--The Secretary may not delegate
this waiver authority below the level of Assistant
Secretary of Defense, a senior acquisition executive
(as defined in section 101(a) of title 10, United
States Code), or a command acquisition executive (as
described in section 167(e)(4)(C) of title 10, United
States Code) or equivalent.
(5) Briefing required.--
(A) In general.--Not later than 30 days after the
submission of each report required by subsection
(c)(3), the Secretary of Defense shall provide to the
Committees on Armed Services of the Senate and the
House of Representatives a briefing that includes--
(i) a summary of the disclosures made under
this subsection;
(ii) an assessment of the extent of
reliance by the United States on foreign
countries, and especially countries that are
not allies of the United States, for rare earth
elements and strategic and critical materials;
(iii) a determination with respect to which
systems described in paragraph (1) are of the
greatest concern for interruptions of supply
chains with respect to rare earth elements and
strategic and critical materials; and
(iv) any suggestions for legislation or
funding that would mitigate security gaps in
such supply chains.
(B) Form.--To the extent practicable, each briefing
required under subparagraph (A) shall be in an
unclassified form, but may contain a classified annex.
(6) Effective date.--The requirements described in this
subsection shall take effect--
(A) not earlier than 30 months after the date of
enactment of this Act; and
(B) after the Secretary of Defense certifies to the
Committees on Armed Services of the Senate and the
House of Representatives that the Department has
established a process to ensure that the information
collection requirements of this subsection present no
national security risks, or that any such risks have
been fully mitigated.
(b) Expansion of Restrictions on Procurement of Military and Dual-
use Technologies by Chinese Military Companies.--Section 1211 of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 10 U.S.C. 4651 note prec.) is amended--
(1) in the section heading, by striking ``communist chinese
military companies'' and inserting ``chinese military
companies'';
(2) in subsection (a), by inserting after ``military
company'' the following: ``, any Chinese military company, any
Non-SDN Chinese military-industrial complex company, or any
other covered company'';
(3) by amending subsection (b) to read as follows:
``(b) Goods and Services Covered.--
``(1) In general.--For purposes of subsection (a), and
except as provided in paragraph (2), the goods and services
described in this subsection are goods and services--
``(A) on the munitions list of the International
Traffic in Arms Regulations; or
``(B) on the Commerce Control List that--
``(i) are classified in the 600 series; or
``(ii) contain strategic and critical
materials, rare earth elements, or energetic
materials used to manufacture missiles or
munitions.
``(2) Exceptions.--Goods and services described in this
subsection do not include goods or services procured--
``(A) in connection with a visit by a vessel or an
aircraft of the United States Armed Forces to the
People's Republic of China;
``(B) for testing purposes; or
``(C) for purposes of gathering intelligence.'';
and
(4) in subsection (e)--
(A) by striking paragraph (3);
(B) by redesignating paragraphs (1) and (2) as
paragraphs (3) and (5), respectively;
(C) by inserting before paragraph (3), as
redesignated by subparagraph (B), the following:
``(1) The term `Chinese military company' has the meaning
given that term by 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).
``(2) The term `Commerce Control List' means the list
maintained by the Bureau of Industry and Security and set forth
in Supplement No. 1 to part 774 of the Export Administration
Regulations.'';
(D) by inserting after paragraph (3), as so
redesignated, the following:
``(4) The term `Export Administration Regulations' has the
meaning given that term in section 1742 of the Export Control
Reform Act of 2018 (50 U.S.C. 4801).''; and
(E) by adding at the end the following:
``(6) The term `Non-SDN Chinese military-industrial complex
company' means any entity on the Non-SDN Chinese Military-
Industrial Complex Companies List--
``(A) established pursuant to Executive Order 13959
(50 U.S.C. 1701 note; relating to addressing the threat
from securities investments that finance Communist
Chinese military companies), as amended before, on, or
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2023; and
``(B) maintained by the Office of Foreign Assets
Control of the Department of the Treasury.
``(7) The term `other covered company' means a company
that--
``(A) is owned or controlled by the government of
the People's Republic of China; and
``(B) is certified by the Secretary of Defense to
the congressional defense committees to be a company
that must be covered by this section for national
security reasons.
``(8) 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)).''; and
(5) by adding at the end the following new subsection:
``(f) Effective Date.--With respect to goods and services described
in clause (ii) of subparagraph (b)(1)(B), the prohibition shall take
effect 180 days after the date on which the Secretary of Defense
certifies to the congressional defense committees that a sufficient
number of commercially viable providers exist outside of the People's
Republic of China that collectively can provide the Department of
Defense with satisfactory quality and sufficient quantity of such goods
or services as and when needed at United States market prices.''.
(c) Review of Compliance With Contracting Requirements.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and periodically thereafter until
the termination date specified in paragraph (5), the
Comptroller General of the United States shall assess the
extent of the efforts of the Secretary of Defense to comply
with the requirements of--
(A) subsection (a);
(B) section 1211 of the National Defense
Authorization Act for Fiscal Year 2006, as amended by
subsection (b); and
(C) section 4872 of title 10, United States Code.
(2) Briefing required.--
(A) In general.--The Comptroller General shall
periodically, until the termination date specified in
paragraph (5), provide to the Committees on Armed
Services of the Senate and the House of Representatives
a briefing on the results of the assessments conducted
under paragraph (1) that includes an assessment of--
(i) the inclusion by the Department of
Defense of necessary contracting clauses in
relevant contracts to meet the requirements
described in subparagraphs (A), (B), and (C) of
paragraph (1); and
(ii) the efforts of the Department of
Defense to assess the compliance of contractors
with such clauses.
(B) Form.--To the extent practicable, each briefing
required under subparagraph (A) shall be in an
unclassified form, but may contain a classified annex.
(3) Report required.--
(A) In general.--The Comptroller General shall, not
less frequently than every 2 years until the
termination date specified in paragraph (5), submit to
the Committees on Armed Services of the Senate and the
House of Representatives a report on the results of the
assessments conducted under paragraph (1).
(B) Form.--To the extent practicable, each report
required under subparagraph (A) shall be in an
unclassified form, but may contain a classified annex.
(4) Referral.--If, in conducting an assessment under
paragraph (1), the Comptroller General determines that a
contractor has willfully or recklessly failed to comply with
any of the requirements described in subparagraphs (A), (B),
and (C) of paragraph (1), the Comptroller General may refer the
matter, as appropriate, for further examination and possible
enforcement actions.
(5) Termination.--The requirements of this subsection shall
terminate on the date that is 5 years after the date of the
enactment of this Act.
(d) Strategic and Critical Materials Defined.--In this section, 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)).
SEC. 858. ANALYSES OF CERTAIN ACTIVITIES FOR ACTION TO ADDRESS SOURCING
AND INDUSTRIAL CAPACITY.
(a) Analysis Required.--
(1) In general.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition and Sustainment
and other appropriate officials, shall review the items under
subsection (c) to determine and develop appropriate actions,
consistent with the policies, programs, and activities required
under subpart I of part V of subtitle A of title 10, United
States Code, chapter 83 of title 41, United States Code, and
the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.),
including--
(A) restricting procurement, with appropriate
waivers for cost, emergency requirements, and non-
availability of suppliers, including restricting
procurement to--
(i) suppliers in the United States;
(ii) suppliers in the national technology
and industrial base (as defined in section 4801
of title 10, United States Code);
(iii) suppliers in other allied nations; or
(iv) other suppliers;
(B) increasing investment through use of research
and development or procurement activities and
acquisition authorities to--
(i) expand production capacity;
(ii) diversify sources of supply; or
(iii) promote alternative approaches for
addressing military requirements;
(C) prohibiting procurement from selected sources
or nations;
(D) taking a combination of actions described under
subparagraphs (A), (B), and (C); or
(E) taking no action.
(2) Considerations.--The analyses conducted pursuant to
paragraph (1) shall consider national security, economic, and
treaty implications, as well as impacts on current and
potential suppliers of goods and services.
(b) Reporting on Analyses, Recommendations, and Actions.--
(1) Briefing required.--Not later than January 15, 2024,
the Secretary of Defense shall submit to the congressional
defense committees, in writing--
(A) a summary of the findings of the analyses
undertaken for each item pursuant to subsection (a);
(B) relevant recommendations resulting from the
analyses; and
(C) descriptions of specific activities undertaken
as a result of the analyses, including schedule and
resources allocated for any planned actions.
(2) Reporting.--The Secretary of Defense shall include the
analyses conducted under subsection (a), and any relevant
recommendations and descriptions of activities resulting from
such analyses, as appropriate, in each of the following during
the 2024 calendar year:
(A) The annual report or quarterly briefings to
Congress required under section 4814 of title 10,
United States Code.
(B) The annual report on unfunded priorities of the
national technology and industrial base required under
section 4815 of such title.
(C) Department of Defense technology and industrial
base policy guidance prescribed under section 4811(c)
of such title.
(D) Activities to modernize acquisition processes
to ensure the integrity of the industrial base pursuant
to section 4819 of such title.
(E) Defense memoranda of understanding and related
agreements considered in accordance with section 4851
of such title.
(F) Industrial base or acquisition policy changes.
(G) Legislative proposals for changes to relevant
statutes which the Department shall consider, develop,
and submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House
of Representatives not less frequently than once per
fiscal year.
(H) Other actions as the Secretary of Defense
determines appropriate.
(c) List of Goods and Services for Analyses, Recommendations, and
Actions.--The items described in this subsection are the following:
(1) Solar components for satellites.
(2) Satellite ground station service contracts.
(3) Naval vessel shafts and propulsion system components
(including reduction gears and propellers).
(4) Infrastructure or equipment for a passenger boarding
bridge at a military airport designated by the Secretary of
Transportation under section 47118(a) of title 49, United
States Code.
(5) Flags of the United States.
(6) Natural rubber from herbaceous plants for military
applications.
(7) Alternative proteins as sustainable and secure food
sources.
(8) Carbon fiber.
SEC. 859. DEMONSTRATION EXERCISE OF ENHANCED PLANNING FOR INDUSTRIAL
MOBILIZATION AND SUPPLY CHAIN MANAGEMENT.
(a) Demonstration Exercise Required.--Not later than December 31,
2024, the Secretary of Defense shall conduct a demonstration exercise
of industrial mobilization and supply chain management planning
capabilities in support of one or more operational or contingency plan
use cases, as selected in consultation with the Chairman of the Joint
Chiefs of Staff and the Under Secretary of Defense for Acquisition and
Sustainment.
(b) Elements.--The demonstration exercise required under subsection
(a) shall include the following elements:
(1) Use of a current program that is both fielded and still
in production from each military department, Defense Agency,
and Department of Defense Field Activity in order to model a
notional plan for mobilization or supply chain management, as
associated with the selected operational or contingency plans.
(2) The exercise of processes and authorities that support
the Department of Defense for industrial mobilization in
support of declared hostilities or other contingency
operations.
(3) The identification of process improvements or gaps in
resources, capabilities, or authorities that require
remediation, including those related to government or
contractor production facilities, tooling, or workforce
development.
(4) The implementation of analytical tools and processes to
monitor and assess the health of the industrial base and to use
near real-time data and visualization capabilities in making
production and distribution decisions, with an emphasis on
identifying, assessing, and demonstrating commercially
available tools.
(5) The establishment and tracking of goals and metrics to
support institutionalization of defense industrial base health
assessment and planning.
(c) Briefing Required.--Not later than November 1, 2023, the
Secretary shall provide to the congressional defense committees an
interim briefing on the demonstration exercise required under
subsection (a), including--
(1) an identification of the programs and use cases to be
demonstrated;
(2) a description of methodology for executing the
demonstration exercise, including analytical tools or metrics
identified to support the process; and
(3) any preliminary findings.
(d) Assessment.--Not later than March 1, 2025, the Secretary shall
submit to the congressional defense committees a report assessing the
demonstration exercise required under subsection (a), including a
description of--
(1) the programs and use cases considered in this
demonstration exercise;
(2) the outcomes of the activities required under
subsection (b);
(3) outcomes and conclusions;
(4) lessons learned; and
(5) any recommendations for legislative action that may be
required as a result.
(e) Definitions.--In this section, the terms ``military
department'', ``Defense Agency'', and ``Defense Field Activity'' have
the meanings given those terms in section 101 of title 10, United
States Code.
SEC. 860. RISK MANAGEMENT FOR DEPARTMENT OF DEFENSE PHARMACEUTICAL
SUPPLY CHAINS.
(a) Risk Management for All Department of Defense Pharmaceutical
Supply Chains.--Not later than one year after the date of the enactment
of this Act, the Under Secretary of Defense for Acquisition and
Sustainment shall--
(1) develop and issue implementing guidance for risk
management for Department of Defense supply chains for
pharmaceutical materiel for the Department;
(2) identify, in coordination with the Secretary of Health
and Human Services, supply chain information gaps regarding the
Department's reliance on foreign suppliers of drugs, including
active pharmaceutical ingredients and final drug products; and
(3) submit to the Committees on Armed Services of the
Senate and the House of Representatives a report regarding--
(A) existing information streams, if any, that may
be used to assess the reliance by the Department of
Defense on high-risk foreign suppliers of drugs;
(B) vulnerabilities in the drug supply chains of
the Department of Defense; and
(C) any recommendations to address--
(i) information gaps identified under
paragraph (2); and
(ii) any risks related to such reliance on
foreign suppliers.
(b) Risk Management for Department of Defense Pharmaceutical Supply
Chain.--The Director of the Defense Health Agency shall--
(1) not later than one year after the issuance of the
guidance required under subsection (a)(1), develop and publish
implementing guidance for risk management for the Department of
Defense supply chain for pharmaceuticals; and
(2) establish a working group--
(A) to assess risks to the Department's
pharmaceutical supply chain;
(B) to identify the pharmaceuticals most critical
to beneficiary care at military treatment facilities;
and
(C) to establish policies for allocating scarce
pharmaceutical resources of the Department of Defense
in case of a supply disruption.
SEC. 861. STRATEGY FOR INCREASING COMPETITIVE OPPORTUNITIES FOR CERTAIN
CRITICAL TECHNOLOGIES.
(a) Strategy.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a comprehensive strategy to--
(1) increase competitive opportunities available for
appropriate United States companies to transition critical
technologies into major weapon systems and other programs of
record; and
(2) enhance the integrity and diversity of the defense
industrial base.
(b) Elements.--The strategy required under subsection (a) shall
include the following:
(1) A description of methods to increase opportunities for
appropriate United States companies to develop end items of
critical technologies for major weapon systems, rapidly
prototype such end items, and conduct activities that would
support the transition of such end items into major weapon
systems and programs of record, including--
(A) continuous experimentation or military utility
assessments to improve such end items;
(B) evaluation of how to integrate existing
commercial capabilities relating to such end items of
appropriate United States companies or entities in the
defense industrial base into major weapon systems and
programs of record in the Department of Defense;
(C) efforts that improve the ability of appropriate
United States companies or entities in the defense
industrial base to maintain, afford, or manufacture
major weapon systems or components for such systems;
and
(D) development of alternative supply sources for
components of a major weapon system to ensure the
availability of component parts and to support supply
chain diversity.
(2) Processes to improve coordination by the military
departments and other elements of the Department of Defense to
carry out the strategy required by this section.
(c) Definitions.--In this section:
(1) The term ``appropriate United States company'' means--
(A) a nontraditional defense contractor, as defined
in section 3014 of title 10, United States Code; or
(B) a prime contractor that has entered into a
cooperative agreement with a nontraditional defense
contractor with the express intent to pursue funding
authorized by sections 4021 and 4022 of title 10,
United States Code, in the development, testing, or
prototyping of critical technologies.
(2) The term ``major weapon system'' has the meaning given
in section 3455 of title 10, United States Code.
(3) The term ``critical technology'' means a technology
identified as critical by the Secretary of Defense, which shall
include the following:
(A) Biotechnology.
(B) Quantum science technology.
(C) Advanced materials.
(D) Artificial intelligence and machine learning.
(E) Microelectronics.
(F) Space technology.
(G) Advanced computing and software.
(H) Hypersonics.
(I) Integrated sensing and cybersecurity.
(J) Autonomous systems.
(K) Unmanned systems.
(L) Advanced sensing systems.
(M) Advanced communications systems.
SEC. 862. KEY ADVANCED SYSTEM DEVELOPMENT INDUSTRY DAYS.
(a) In General.--Not later than March 1, 2023, and every 180 days
thereafter, the each Secretary of a military department shall ensure
that such military department conducts an outreach event to--
(1) collaborate with the private sector on present current
and future opportunities with respect to key advanced system
development areas;
(2) raise awareness within the private sector of--
(A) key advanced system development areas; and
(B) capability needs and existing and potential
requirements related to the key advanced system
development areas; and
(3) raise awareness within such military department of
potential material solutions for capability needs and existing
and potential requirements related to key advanced system
development areas.
(b) Responsibilities.--
(1) Service chiefs.--For each event a military department
conducts under subsection (a), the Service Chief concerned
shall, for each key advanced system development area, perform
the following:
(A) Identify related and potentially related
existing, planned, or potential military requirements,
including urgent and emergent operational needs.
(B) Identify and describe related and potentially
related needs or gaps in the capabilities of the
military department to carry out the missions of the
military department, including warfighting and combat
support capabilities.
(C) Identify and describe related and potentially
related exercise, demonstration, or experimentation
opportunities.
(2) Acquisition executives.--For each event a military
department conducts under subsection (a), the service
acquisition executive of the military department conducting the
event shall, for each key advanced system development area,
perform the following:
(A) Identify and describe related and potentially
related existing, planned, or potential acquisition
plans and strategies.
(B) Identify and describe related and potentially
related existing, planned, or potential funding
opportunities, including--
(i) broad agency announcements;
(ii) requests for information;
(iii) funding opportunity announcements;
(iv) special program announcements;
(v) requests for proposals;
(vi) requests for quotes;
(vii) special notices;
(viii) transactions pursuant to sections
4004, 4021, and 4022 of title 10, United States
Code;
(ix) unsolicited proposals; and
(x) other funding opportunities as
determined appropriate by the service
acquisition executive.
(3) Delegation.--Each Service Chief concerned and each
service acquisition executive may delegate the authority to
carry out the tasks for which such individuals are responsible
under this subsection.
(4) Reviews and coordination.--
(A) Industry day reviews.--Promptly after an event
conducted by a military department under subsection
(a), the service acquisition executive of such military
department shall--
(i) disseminate a written review of such
event as broadly as practicable within the
Department of Defense; and
(ii) make such review publicly available on
a website of the military department.
(B) Consolidation.--The Secretary of Defense and
the Chairman of the Joint Chiefs of Staff shall,
periodically, jointly review and consolidate the
reviews required by subparagraph (A) to identify
trends, eliminate redundancy, and enhance efficiency
with respect to events conducted under subsection (a).
(c) Form.--With respect to each event conducted under subsection
(a), the Secretary concerned shall seek to maximize industry and
government participation, while minimizing cost to the maximum extent
practicable, by--
(1) holding the event at an unclassified security level to
the extent practicable;
(2) making the event publicly accessible through
teleconference or other virtual means; and
(3) making supporting materials for the event publicly
available on a website.
(d) Definitions.--In this section:
(1) Military departments; secretary concerned; service
acquisition executive.--The terms ``military departments'',
``Secretary concerned'', and ``service acquisition executive''
have the meanings given such terms in section 101(a) of title
10, United States Code.
(2) Key advanced system development area.--The term ``key
advanced system development area'' means the following:
(A) For the Department of the Navy--
(i) unmanned surface vessels;
(ii) unmanned underwater vessels;
(iii) unmanned deployable mobile ocean
systems;
(iv) unmanned deployable fixed ocean
systems; and
(v) autonomous unmanned aircraft systems.
(B) For the Department of the Air Force, autonomous
unmanned aircraft systems.
(C) For the Department of the Army, autonomous
unmanned aircraft systems.
(3) Service chief.--The term ``Service Chief concerned''
means--
(A) the Chief of Staff of the Army, with respect to
matters concerning the Department of the Army;
(B) the Chief of Naval Operations and the
Commandant of the Marine Corps, with respect to matters
concerning the Department of the Navy; and
(C) the Chief of Staff of the Air Force, with
respect to matters concerning the Department of the Air
Force.
Subtitle F--Small Business Matters
SEC. 871. CODIFICATION OF SMALL BUSINESS ADMINISTRATION SCORECARD.
(a) In General.--Subsection (b) of section 868 of the National
Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note) is
transferred to section 15 of the Small Business Act (15 U.S.C. 644),
inserted after subsection (x), redesignated as subsection (y), and
amended--
(1) by striking paragraphs (1), (6), and (7);
(2) by redesignating paragraphs (2), (3), and (4) as
paragraphs (1), (2), and (3), respectively;
(3) by redesignating paragraph (8) as paragraph (6);
(4) in paragraph (1) (as so redesignated), by striking
``Beginning in'' and all that follows through ``to evaluate''
and inserting ``The Administrator shall use a scorecard to
annually evaluate'';
(5) in paragraph (2) (as so redesignated)--
(A) by striking ``the Federal agency'' each place
it appears and inserting ``a Federal agency or the
Federal Government, as applicable,'';
(B) in the matter preceding subparagraph (A)--
(i) by striking ``developed under paragraph
(1)''; and
(ii) by inserting ``and Governmentwide''
after ``each Federal agency''; and
(C) in subparagraph (A), by striking ``section
15(g)(1)(B) of the Small Business Act (15 U.S.C.
644(g)(1)(B))'' and inserting ``subsection (g)(1)(B)'';
(6) in paragraph (3) (as so redesignated)--
(A) in subparagraph (A), by striking ``paragraph
(3)(A)'' and inserting ``paragraph (2)(A)''; and
(B) in subparagraph (B), by striking ``paragraph
(3)'' and inserting ``paragraph (2)'';
(7) by inserting after paragraph (3) (as so redesignated)
the following new paragraph:
``(4) Additional requirements for scorecards.--The
scorecard shall include, for each Federal agency and
Governmentwide, the following information with respect to prime
contracts:
``(A) The number (expressed as a percentage) and
total dollar amount of awards made to small business
concerns owned and controlled by women through sole
source contracts and competitions restricted to small
business concerns owned and controlled by women under
section 8(m).
``(B) The number (expressed as a percentage) and
total dollar amount of awards made to small business
concerns owned and controlled by qualified HUBZone
small business concerns through sole source contracts
and competitions restricted to qualified HUBZone small
business concerns under section 31(c)(2).
``(C) The number (expressed as a percentage) and
total dollar amount of awards made to small business
concerns owned and controlled by service-disabled
veterans through sole source contracts and competitions
restricted to small business concerns owned and
controlled by service-disabled veterans under section
36.
``(D) The number (expressed as a percentage) and
total dollar amount of awards made to socially and
economically disadvantaged small business concerns
under section 8(a) through sole source contracts and
competitions restricted to socially and economically
disadvantaged small business concerns, disaggregated by
awards made to such concerns that are owned and
controlled by individuals and awards made to such
concerns that are owned and controlled by an entity.'';
(8) in paragraph (5), by striking ``section 15(h)(2) of the
Small Business Act (15 U.S.C. 644(h)(2))'' and inserting
``subsection (h)(2)''; and
(9) by amending paragraph (6) (as so redesignated) to read
as follows:
``(6) Scorecard defined.--In this subsection, the term
`scorecard' means any summary using a rating system to evaluate
the efforts of a Federal agency to meet goals established under
subsection (g)(1)(B) that--
``(A) includes the measures described in paragraph
(2); and
``(B) assigns a score to each Federal agency
evaluated.''.
(b) Conforming Amendment.--Section 15(x)(2) of the Small Business
Act (15 U.S.C. 644(x)(2)) is amended by striking ``scorecard described
in section 868(b) of the National Defense Authorization Act for Fiscal
Year 2016 (15 U.S.C. 644 note)'' and inserting ``scorecard (as defined
in subsection (y))''.
SEC. 872. MODIFICATIONS TO THE SBIR AND STTR PROGRAMS.
(a) Correction to STTR Disclosure Requirements.--Section
9(g)(13)(D) of the Small Business Act (15 U.S.C. 638(g)(13)(D)) is
amended by striking ``of concern''.
(b) Due Diligence Program.--
(1) In general.--Until the date on which the Under
Secretary of Defense for Research and Engineering makes the
certification described in paragraph (2), in carrying out the
due diligence program required under subsection (vv) of section
9 of the Small Business Act (15 U.S.C. 638), the Secretary of
Defense and each Secretary of a military department shall
perform the assessments required under such due diligence
program--
(A) only with respect to small business concerns
selected by the applicable Secretary as the presumptive
recipient of an award described in such subsection
(vv); and
(B) prior to notifying the small business concern
that the small business concern has been selected to
receive such an award.
(2) Full implementation.--On the date on which the Under
Secretary of Defense for Research and Engineering certifies to
the Committees on Armed Services of the Senate and the House of
Representatives that an automated capability for performing the
assessments required under the due diligence program required
under subsection (vv) of section 9 of the Small Business Act
(15 U.S.C. 638) with respect to all small business concerns
seeking an award described in such subsection is operational,
paragraph (1) of this subsection shall sunset.
SEC. 873. ACCESS TO DATA ON BUNDLED OR CONSOLIDATED CONTRACTS.
(a) In General.--Section 15(p) of the Small Business Act (15 U.S.C.
644(p)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Bundled or consolidated contract defined.--In this
subsection, the term `bundled or consolidated contract' has the
meaning given in subsection (s).'';
(2) in paragraph (4)--
(A) in the paragraph heading, by striking
``contract bundling'' and inserting ``bundled or
consolidated contracts'';
(B) in subparagraph (A), by striking ``contract
bundling'' and inserting ``bundled or consolidated
contracts'';
(C) in subparagraph (B)--
(i) in clause (i), by striking ``bundled
contracts'' and inserting ``bundled or
consolidated contracts''; and
(ii) in clause (ii)--
(I) in the matter preceding
subclause (I), by striking ``bundled
contracts'' and inserting ``bundled or
consolidated contracts'';
(II) in subclause (I), by striking
``were bundled'' and inserting ``were
included in bundled or consolidated
contracts''; and
(III) in subclause (II)--
(aa) in the matter
preceding item (aa), by
striking ``bundled contract''
and inserting ``bundled or
consolidated contract'';
(bb) in items (aa), (dd),
and (ee) by inserting ``or the
consolidation of contract
requirements (as applicable)''
after ``bundling of contract
requirements'' each place it
appears;
(cc) in item (bb), by
striking ``bundling the
contract requirements'' and
inserting ``the bundling of
contract requirements or the
consolidation of contract
requirements (as applicable)'';
(dd) in item (cc), by
striking ``the bundled status
of contract requirements'' and
inserting ``contract
requirements in a bundled or
consolidated contract''; and
(ee) in item (ee), by
striking ``consolidated
requirements'' and inserting
``contract''; and
(3) in paragraph (5)(B), by striking ``provide, upon
request'' and all that follows through the period at the end
and inserting the following: ``provide to the Administrator
data and information described in paragraphs (2) and (4).''.
(b) Technical Amendment.--Section 15(p)(2) of the Small Business
Act (15 U.S.C. 644(p)) is amended--
(1) by striking ``Database'' in the paragraph heading and
all that follows through ``Not later'' and inserting
``Database.--Not later''; and
(2) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively.
SEC. 874. SMALL BUSINESS INTEGRATION WORKING GROUP.
(a) In General.--Not later than 60 days after the enactment of this
Act, the Secretary of Defense shall issue a charter to establish a
small business integration working group that--
(1) ensures the integration and synchronization of the
activities of the military departments and other components of
the Department of Defense with respect to small business
concerns; and
(2) convenes not fewer than four times per year.
(b) Membership.--The small business integration working group
chartered under subsection (a) shall be comprised of representatives
from each of the following organizations:
(1) The small business office of each military department.
(2) The Small Business Innovation Research Program and the
Small Business Technology Transfer Program (as such terms are
defined in section 9(e) of the Small Business Act (15 U.S.C.
638(e))) of each military department.
(3) The office of the Under Secretary of Defense for
Acquisition and Sustainment.
(4) The office of the Under Secretary of Defense for
Research and Engineering.
(5) Any other office the Secretary of Defense determines
appropriate.
(c) Briefing Required.--Not later than March 1, 2023, the Secretary
of Defense shall brief the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives on
the establishment and activities of the small business integration
working group chartered under subsection (a), the policies enacted by
the small business integration working group to allow for the sharing
of best practices for maximizing the contributions of small business
concerns in the defense industrial base and in acquisitions by the
Department of Defense, and practices for conducting oversight of the
activities of the military departments and other components of the
Department of Defense with respect to small business concerns.
(d) Definitions.--In this section:
(1) Military department.--The term ``military department''
has the meaning given such term in section 101(a) of title 10,
United States Code.
(2) Small business concern.--The term ``small business
concern'' has the meaning given such term under section 3 of
the Small Business Act (15 U.S.C. 632).
SEC. 875. DEMONSTRATION OF COMMERCIAL DUE DILIGENCE FOR SMALL BUSINESS
PROGRAMS.
(a) Demonstration Required.--Not later than December 31, 2027, the
Secretary of Defense shall establish a program to carry out a
demonstration of commercial due diligence tools, techniques, and
processes in order to support small businesses in identifying attempts
by malicious foreign actors to gain undue access to, or foreign
ownership, control, or influence over--
(1) the small business; or
(2) any technology a small business is developing pursuant
to a contract or other agreement with the Department of
Defense.
(b) Elements.--The program required under subsection (a) shall
include the following:
(1) The identification of one or more entities to be
responsible for the commercial due diligence tools, techniques,
and processes that are part of a demonstration under the
program and a description of the interactions required between
such entity, small businesses, and the government agencies that
enforce such tools, techniques, and processes.
(2) An assessment of commercial due diligence tools,
techniques, and processes already in use by each Office of
Small Business Programs.
(3) The development of methods to analyze the commercial
due diligence tools, techniques, and processes that are part of
a demonstration under the program to--
(A) monitor and assess attempts described in
subsection (a);
(B) provide information on such attempts to
applicable small businesses; and
(C) allow small businesses that are subject to such
attempts to provide information about such attempts to
the Secretary of Defense.
(4) The development of training and resources for small
businesses that can be shared directly with such businesses or
through a procurement technical assistance program established
under chapter 388 of title 10, United States Code.
(5) The implementation of performance measures to assess
the effectiveness of such program.
(c) Briefing Required.--Not later than April 1, 2023, the Secretary
of Defense shall provide to the congressional defense committees an
interim briefing on the program required under subsection (a) that
includes the following:
(1) An identification of any entity described in subsection
(b)(1).
(2) A description of the methodology for executing any
demonstrations under the program, including any analytical
tools or metrics identified to support such a demonstration.
(3) A description of any identified instances of attempts
described in subsection (a).
(4) An identification of improvements or gaps in resources,
capabilities, or authorities, and other lessons learned from
any demonstrations under the program.
(d) Assessment.--Not later than March 1, 2028, the Secretary shall
submit to the congressional defense committees a report on the program
required under subsection (a), including any identified instances of
attempts described in such subsection, any lessons learned, and any
recommendations for legislative action related to such program.
(e) Definitions.--In this section:
(1) The term ``foreign ownership, control, or influence''
has the meaning given in section 847 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1505; 10 U.S.C. 4819 note).
(2) The term ``Office of Small Business Programs'' means--
(A) the Office of Small Business Programs of the
Department of Defense established under section 144 of
title 10, United States Code;
(B) the Office of Small Business Programs of the
Department of the Army established under section 7024
of such title;
(C) the Office of Small Business Programs of the
Department of the Navy established under section 8028
of such title; and
(D) the Office of Small Business Programs of the
Department of the Air Force established under section
9024 of such title.
SEC. 876. DEVELOPMENT AND ASSESSMENT OF MISSION EFFECTIVENESS METRICS.
(a) In General.--The Secretary of Defense, in coordination with the
service acquisition executives (as defined in section 101(a) of title
10, United States Code), shall conduct a study on the metrics necessary
to assess the effectiveness of the SBIR and STTR programs of the
Department of Defense in meeting the mission needs of the Department,
including by developing metrics and collecting and assessing
longitudinal data necessary for evaluation of those metrics.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An assessment of the measurable ways in which the SBIR
and STTR programs of the Department of Defense support the
mission needs of the Department.
(2) The development of recurring, quantifiable metrics for
measuring the ability of the SBIR and STTR programs of the
Department to deliver products and services that meet the
mission needs of the Department.
(3) An evaluation of currently available data to support
the assessment of the metrics described in paragraph (2),
including the identification of areas where gaps in the
availability of such data exist that may require collecting new
data or modifying existing data.
(4) The identification of current means and methods
available to the Department for collecting data in an automated
fashion, including the identification of areas where gaps in
the automated collection of data exist that may require new
means for collecting or visualizing data.
(5) The development of an analysis and assessment
methodology framework to make tradeoffs between the metrics
described in paragraph (2) and existing commercialization
benchmarks of the Department to enhance the decision-making of
the Department regarding the benefits of the SBIR and STTR
programs of the Department.
(c) Briefings.--
(1) Interim briefing.--Not later than six months after the
enactment of this Act, the Secretary of Defense shall provide
to the Committees on Armed Services of the Senate and House of
Representatives a briefing on the development of the metrics
described in subsection (a) for the study required under such
subsection.
(2) Final briefing.--Not later than one year after the
enactment of this Act, the Secretary of Defense shall provide
to the Committees on Armed Services of the Senate and House of
Representatives a briefing on the results of the study required
under subsection (a).
Subtitle G--Other Matters
SEC. 881. TECHNICAL CORRECTION TO EFFECTIVE DATE OF THE TRANSFER OF
CERTAIN TITLE 10 ACQUISITION PROVISIONS.
(a) In General.--The amendments made by section 1701(e) and
paragraphs (1) and (2) of section 802(b) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) shall be
deemed to have taken effect immediately before the amendments made by
section 1881 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat.
4293).
(b) Treatment of Section 4027 Requirements.--An individual or
entity to which the requirements under section 4027 of title 10, United
States Code, were applicable during the period beginning on January 1,
2022, and ending on the date of the enactment of this Act pursuant to
subsection (a) shall be deemed to have complied with such requirements
during such period.
SEC. 882. SECURITY CLEARANCE BRIDGE PILOT PROGRAM.
(a) In General.--The Secretary of Defense, in consultation with the
Director of National Intelligence, shall conduct a pilot program to
allow the Defense Counterintelligence and Security Agency to sponsor
the personal security clearances of the employees of innovative
technology companies that are performing a contract of the Department
of Defense while the Government completes the adjudication of the
facility clearance application of such a innovative technology company.
(b) Additional Requirements.--
(1) Personal security clearance authority.--
(A) In general.--Under the pilot program, the
Defense Counterintelligence and Security Agency may
nominate and sponsor the personal security clearances
of the employees of an innovative technology company.
(B) Limitation.--Under the pilot program, the
Defense Counterintelligence and Security Agency may
sponsor the personal security clearances of employees
of not more than 75 innovative technology companies.
(2) Adjudication of the facility clearance application.--
Any adjudication of a facility clearance application of an
innovative technology company described in subsection (a) shall
include an assessment and mitigation of foreign ownership,
control, or influence of the innovative technology company, as
applicable.
(c) Clearance Transfer.--
(1) In general.--Not later than 30 days after an innovative
technology company is granted facility clearance, the Defense
Counterintelligence and Security Agency shall transfer any
personal clearances of employees of the innovative technology
company held by the Defense Counterintelligence and Security
Agency under the pilot program back to the innovative
technology company.
(2) Denial of facility clearance.--Not later than 10 days
after an innovative technology company is denied facility
clearance, the Defense Counterintelligence and Security Agency
shall release any personal clearances of employees of the
innovative technology company held by the Defense
Counterintelligence and Security Agency under the pilot
program.
(d) Participant Selection.--The Under Secretary of Defense for
Research and Engineering, in consultation with the Under Secretary of
Defense for Acquisition and Sustainment and the service acquisition
executive of the military department concerned (as such terms are
defined, respectively, in section 101 of title 10, United States Code),
shall select innovative technology companies to participate in the
pilot program.
(e) Sunset.--The pilot program shall terminate on December 31,
2028.
(f) Definitions.--In this section:
(1) Facility clearance.--The term ``facility clearance''
has the meaning given the term ``Facility Clearance'' in
section 95.5 of title 10, Code of Federal Regulations, or any
successor regulation.
(2) Foreign ownership, control, or influence.--The term
``foreign ownership, control, or influence'' has the meaning
given in section 847 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1505; 10
U.S.C. 4819 note).
(3) Innovative technology company.--The term ``innovative
technology company'' means a nontraditional defense contractor
(as defined in section 3014 of title 10, United States Code)
that--
(A) provides goods or services related to--
(i) one or more of the 14 critical
technology areas described in the memorandum by
the Under Secretary of Defense for Research and
Engineering issued on February 1, 2022,
entitled ``USD(R&E) Technology Vision for an
Era of Competition''; or
(ii) information technology, software, or
hardware that is unavailable from any other
entity that possesses a facility clearance; and
(B) is selected by the Under Secretary of Defense
for Research and Engineering under subsection (d) to
participate in the pilot program.
(4) Personal security clearance.--The term ``personal
security clearance'' means the security clearance of an
individual who has received approval from the Department of
Defense to access classified information.
(5) Pilot program.--The term ``pilot program'' means the
pilot program established under subsection (a).
SEC. 883. EXISTING AGREEMENT LIMITS FOR OPERATION WARP SPEED.
The value of any modification to, or order made under, a contract
or other agreement by the Department of Defense on or after March 1,
2020, to address the COVID-19 pandemic through vaccines and other
therapeutic measures shall not be counted toward any limit established
prior to March 1, 2020, on the total estimated amount of all projects
to be issued under the contract or other agreement (except that the
value of such modification or order shall count toward meeting any
guaranteed minimum value under the contract or other agreement).
SEC. 884. INCORPORATION OF CONTROLLED UNCLASSIFIED INFORMATION GUIDANCE
INTO PROGRAM CLASSIFICATION GUIDES AND PROGRAM PROTECTION
PLANS.
(a) Updates Required.--
(1) In general.--The Secretary of Defense shall, acting
through the Under Secretary of Defense for Intelligence and
Security and the Under Secretary of Defense for Research and
Engineering, ensure that all program classification guides (for
classified programs) and all program protection plans (for
unclassified programs) include guidance for the proper marking
for controlled unclassified information at their next regularly
scheduled update.
(2) Elements.--Guidance under paragraph (1) shall include
the following:
(A) A requirement to use document portion markings
for controlled unclassified information.
(B) A process to ensure controlled unclassified
information document portion markings are used properly
and consistently.
(b) Monitoring of Progress.--In tracking the progress in carrying
out subsection (a), the Under Secretary of Defense for Intelligence and
Security and the Under Secretary of Defense for Research and
Engineering shall implement a process for monitoring progress that
includes the following:
(1) Tracking of all program classification guides and
program protection plans so they include document portion
marking for controlled unclassified information, and the dates
when controlled unclassified information guidance updates are
completed.
(2) Updated training in order to ensure that all government
and contractor personnel using the guides described in
subsection (a)(1) receive instruction, as well as periodic spot
checks, to ensure that training is sufficient and properly
implemented to ensure consistent application of document
portion marking guidance.
(3) A process for feedback to ensure that any identified
gaps or lessons learned are incorporated into guidance and
training instructions.
(c) Required Completion.--The Secretary shall ensure that the
updates required by subsection (a) are completed before January 1,
2029.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Increase in authorized number of Assistant and Deputy
Assistant Secretaries of Defense.
Sec. 902. Conforming amendments relating to repeal of position of Chief
Management Officer.
Sec. 903. Limitation on use of funds pending demonstration of product
to identify, task, and manage congressional
reporting requirements.
Sec. 904. Limitation on use of funds pending compliance with
requirements relating to alignment of Close
Combat Lethality Task Force.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Updates to management reform framework.
Sec. 912. Briefing on changes to Unified Command Plan.
Sec. 913. Clarification of peacetime functions of the Navy.
Sec. 914. Responsibilities and functions relating to electromagnetic
spectrum operations.
Sec. 915. Joint all domain command and control.
Sec. 916. Strategic management dashboard demonstration.
Sec. 917. Demonstration program for component content management
systems.
Sec. 918. Report on potential transition of all members of the Space
Force into a single component.
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. INCREASE IN AUTHORIZED NUMBER OF ASSISTANT AND DEPUTY
ASSISTANT SECRETARIES OF DEFENSE.
(a) Assistant Secretary of Defense for Cyber Policy.--Section
138(b) of title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(8) One of the Assistant Secretaries is the Assistant Secretary
of Defense for Cyber Policy. The principal duty of the Assistant
Secretary shall be the overall supervision of policy of the Department
of Defense for cyber. The Assistant Secretary is the Principal Cyber
Advisor described in section 392a(a) of this title.''.
(b) Increase in Authorized Number of Assistant Secretaries of
Defense.--
(1) Increase.--Section 138(a)(1) of title 10, United States
Code, is amended by striking ``15'' and inserting ``19''.
(2) Conforming amendment.--Section 5315 of title 5, United
States Code, is amended by striking ``Assistant Secretaries of
Defense (14).'' and inserting ``Assistant Secretaries of
Defense (19).''.
(c) Increase in Authorized Number of Deputy Assistant Secretaries
of Defense.--
(1) Increase.--Section 138 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(e) The number of Deputy Assistant Secretaries of Defense may not
exceed 60.''.
(2) Conforming repeal.--Section 908 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131
Stat. 1514; 10 U.S.C. 138 note) is repealed.
(d) Additional Amendments.--Section 138(b) of title 10, United
States Code, is amended--
(1) in paragraph (2)(A)--
(A) in the second sentence in the matter preceding
clause (i), by striking ``He shall have as his
principal duty'' and inserting ``The principal duty of
the Assistant Secretary shall be''; and
(B) in clause (ii), by striking subclause (III);
(2) in paragraph (3), in the second sentence, by striking
``He shall have as his principal duty'' and inserting ``The
principal duty of the Assistant Secretary shall be'';
(3) in paragraph (4)--
(A) in subparagraph (A), by striking the semicolon
and inserting ``; and'';
(B) in subparagraph (B), by striking ``; and''
inserting a period; and
(C) by striking subparagraph (C); and
(4) in paragraph (6), by striking ``shall--'' and all that
follows and inserting ``shall advise the Under Secretary of
Defense for Acquisition and Sustainment on industrial base
policies.''.
(e) Evaluation and Review.--Section 1504 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
2022) is amended--
(1) in subsection (a), by striking ``Not later than 180
days after the date of the enactment of this Act'' and
inserting ``Not later than April 1, 2023''; and
(2) in subsection (b)--
(A) in paragraph (13), by striking ``and'' at the
end;
(B) by redesignating paragraph (14) as paragraph
(17); and
(C) by inserting after paragraph (13) the following
new paragraphs:
``(14) assess the need to retain or modify the
relationships, authorities, roles, and responsibilities of the
Principal Cyber Advisor described in section 392a(a) of title
10, United States Code;
``(15) assess the organizational construct of the
Department of Defense and how authorities, roles, and
responsibilities for matters relating to cyber activities are
distributed among the Under Secretaries, Assistant Secretaries,
and Deputy Assistant Secretaries of Defense and among civilian
officials within the military departments with roles and
responsibilities relating to cyber activities;
``(16) make recommendations for changes to statutes
affecting the organizational construct of the Department of
Defense to improve the oversight, management, and coordination
of--
``(A) policies, programs, and strategies relating
to cyber activities;
``(B) the execution of the authorities of the
United States Cyber Command; and
``(C) other matters relating to cyber activities;
and''.
SEC. 902. CONFORMING AMENDMENTS RELATING TO REPEAL OF POSITION OF CHIEF
MANAGEMENT OFFICER.
Section 2222 of title 10, United States Code, is amended--
(1) in subsection (c)(2), by striking ``the Chief
Management Officer of the Department of Defense, the Under
Secretary of Defense for Acquisition and Sustainment, the Chief
Information Officer, and the Chief Management Officer'' and
inserting ``the Chief Information Officer of the Department of
Defense, the Under Secretary of Defense for Acquisition and
Sustainment, and the Chief Information Officer'';
(2) in subsection (e)--
(A) in paragraph (1), by striking ``the Chief
Management Officer'' and inserting ``the Chief
Information Officer''; and
(B) in paragraph (6)--
(i) in subparagraph (A), in the matter
preceding clause (i)--
(I) in the first sentence, by
striking ``The Chief Management Officer
of the Department of Defense'' and
inserting ``The Chief Information
Officer of the Department of Defense,
in coordination with the Chief Data and
Artificial Intelligence Officer,''; and
(II) in the second sentence, by
striking ``the Chief Management Officer
shall'' and inserting ``the Chief
Information Officer shall''; and
(ii) in subparagraph (B), in the matter
preceding clause (i), by striking ``The Chief
Management Officer'' and inserting ``The Chief
Information Officer'';
(3) in subsection (f)--
(A) in paragraph (1), in the second sentence, by
striking ``the Chief Management Officer and''; and
(B) in paragraph (2)--
(i) by redesignating subparagraphs (A) and
(B) as subparagraphs (B) and (C), respectively;
(ii) by inserting before subparagraph (B),
as redesignated by clause (i), the following
new subparagraph (A):
``(A) The Chief Information Officers of the
military departments, or their designees.''; and
(iii) in subparagraph (C), as so
redesignated, by adding at the end the
following new clause:
``(iv) The Chief Data and Artificial
Intelligence Officer of the Department of
Defense.'';
(4) in subsection (g)(2), by striking ``the Chief
Management Officer'' each place it appears and inserting ``the
Chief Information Officer''; and
(5) in subsection (i)(5)(B), by striking ``the Chief
Management Officer'' and inserting ``the Chief Information
Officer''.
SEC. 903. LIMITATION ON USE OF FUNDS PENDING DEMONSTRATION OF PRODUCT
TO IDENTIFY, TASK, AND MANAGE CONGRESSIONAL REPORTING
REQUIREMENTS.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2023 for operation and maintenance,
Defense-wide, for the Office of the Secretary of Defense, not more than
90 percent may be obligated or expended until the Secretary of Defense
demonstrates a minimum viable product--
(1) to optimize and modernize the process described in
section 908(a) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283; 10 U.S.C. 111 note) for identifying reports to Congress
required by annual national defense authorization Acts,
assigning responsibility for preparation of such reports, and
managing the completion and delivery of such reports to
Congress; and
(2) that includes capabilities to enable--
(A) direct access by the congressional defense
committees to the follow-on system to that process
using secure credentials;
(B) rapid automatic ingestion of data provided by
those committees with respect to reports and briefings
required to be submitted to Congress in a comma-
separated value spreadsheet;
(C) sortable and exportable database views for
tracking and research purposes;
(D) automated notification of relevant
congressional staff and archival systems; and
(E) integration with Microsoft Office.
SEC. 904. LIMITATION ON USE OF FUNDS PENDING COMPLIANCE WITH
REQUIREMENTS RELATING TO ALIGNMENT OF CLOSE COMBAT
LETHALITY TASK FORCE.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2023 for operation and maintenance,
Defense-wide, for the Office of the Secretary of Defense, not more than
75 percent may be obligated or expended until the Department of Defense
complies with the requirements of section 911 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
1878) (relating to alignment of the Close Combat Lethality Task Force).
Subtitle B--Other Department of Defense Organization and Management
Matters
SEC. 911. UPDATES TO MANAGEMENT REFORM FRAMEWORK.
Section 125a of title 10, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``2022'' and
inserting ``2023''; and
(B) in paragraph (3), by inserting ``the Director
for Administration and Management of the Department of
Defense,'' after ``the Chief Information Officer of the
Department of Defense,''; and
(2) in subsection (d)--
(A) by redesignating paragraph (6) as paragraph
(9); and
(B) by inserting after paragraph (5) the following
new paragraphs:
``(6) Development and implementation of a uniform
methodology for tracking and assessing cost savings and cost
avoidance from reform initiatives.
``(7) Implementation of reform-focused research to improve
management and administrative science.
``(8) Tracking and implementation of technological
approaches to improve management decision-making, such as
artificial intelligence tools.''.
SEC. 912. BRIEFING ON CHANGES TO UNIFIED COMMAND PLAN.
Paragraph (2) of section 161(b) of title 10, United States Code, is
amended to read as follows:
``(2) Except during time of hostilities or imminent threat of
hostilities, the President shall--
``(A) not more than 60 days after establishing a new
combatant command--
``(i) notify Congress of the establishment of such
command; and
``(ii) provide to Congress a briefing on the
establishment of such command; and
``(B) not more than 60 days after significantly revising
the missions, responsibilities, or force structure of an
existing combatant command--
``(i) notify Congress of such revisions; and
``(ii) provide to Congress a briefing on such
revisions.''.
SEC. 913. CLARIFICATION OF PEACETIME FUNCTIONS OF THE NAVY.
Section 8062(a) of title 10, United States Code, is amended--
(1) in the second sentence, by striking ``primarily'' and
inserting ``for the peacetime promotion of the national
security interests and prosperity of the United States and'';
and
(2) in the third sentence, by striking ``for the effective
prosecution of war'' and inserting ``for the duties described
in the preceding sentence''.
SEC. 914. RESPONSIBILITIES AND FUNCTIONS RELATING TO ELECTROMAGNETIC
SPECTRUM OPERATIONS.
Section 1053(g) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C.
113 note) is amended--
(1) in the subsection heading, by striking ``Transfer of
Responsibilities and Functions Relating to Electromagnetic
Spectrum Operations'' and inserting ``Report on Appropriate
Alignment of Responsibilities and Functions Relating to
Electromagnetic Spectrum Operations; Evaluations'';
(2) by striking paragraphs (1), (2), and (5);
(3) by inserting the following new paragraph (1):
``(1) Report required.--
``(A) In general.--Not later than March 31, 2023,
the Secretary of Defense shall submit to the
congressional defense committees a report on the
appropriate alignment of electromagnetic spectrum
operations responsibilities and functions.
``(B) Considerations.--In developing the report
required by subparagraph (A), the Secretary of Defense
shall consider the following:
``(i) The appropriate role of each existing
organization and element of the Department of
Defense with responsibilities or functions
relating to electromagnetic spectrum operations
and the potential establishment of a new entity
dedicated electromagnetic spectrum operations
within one or more of those organizations or
elements.
``(ii) Whether the organizational structure
responsible for electromagnetic spectrum
operations within the Department--
``(I) should be a unitary
structure, in which a single
organization or element is primarily
responsible for all aspects of such
operations; or
``(II) a hybrid structure, in which
separate organizations or elements are
responsible for different aspects of
electromagnetic spectrum operations.
``(iii) The resources required to fulfill
the specified responsibilities and
functions.''; and
(4) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
SEC. 915. JOINT ALL DOMAIN COMMAND AND CONTROL.
(a) Direction and Control of Joint All Domain Command and
Control.--The Deputy Secretary of Defense, in coordination with the
Vice Chairman of the Joint Chiefs of Staff, shall oversee joint all
domain command and control (commonly known as ``JADC2'') to ensure--
(1) close collaboration with the Joint Requirements
Oversight Council, the combatant commands, and the military
services regarding operational requirements and requirements
satisfaction relating to joint all domain command and control;
and
(2) objective assessments to the Deputy Secretary and Vice
Chairman about the progress of the Department of Defense in
achieving the objectives of joint all domain command and
control.
(b) Demonstrations and Fielding of Mission Threads.--
(1) In general.--The Deputy Secretary and Vice Chairman
shall take the following actions in support of the objectives
described in paragraph (2):
(A) In consultation with the Commander of the
United States Indo-Pacific Command and the commanders
of such other combatant commands as may be designated
by the Deputy Secretary--
(i) identify a prioritized list of
difficult mission-critical operational
challenges specific to the area of operations
of the designated commands;
(ii) design and recommend resourcing
options, through the Office of Cost Analysis
and Program Evaluation and the Management
Action Group of the Deputy Secretary, a series
of multi-domain, multi-service and multi-
agency, multi-platform, and multisystem end-to-
end integrated kinetic and non-kinetic mission
threads, including necessary battle management
functions, to solve the operational challenges
identified in clause (i);
(iii) demonstrate the ability to execute
the integrated mission threads identified in
clause (ii) in realistic conditions on a
repeatable basis, including the ability to
achieve, through mission integration software,
interoperability among effects chain components
that do not conform to common interface
standards, including the use of the System of
Systems Technology Integration Tool Chain for
Heterogeneous Electronic Systems (commonly
known as ``STITCHES'') managed by the 350th
Spectrum Warfare Wing of the Department of the
Air Force; and
(iv) create a plan to deploy the mission
threads to the area of operations of the United
States Indo-Pacific Command and such other
combatant commands as may be designated by
Deputy Secretary, and execute the mission
threads at the scale and pace required to solve
the identified operational challenges,
including necessary logistics and sustainment
capabilities.
(B) Designate organizations to serve as transition
partners for integrated mission threads and ensure such
integrated mission threads are maintained and exercised
as operational capabilities in the United States Indo-
Pacific Command and such other combatant commands as
may be designated by Deputy Secretary.
(C) Designate organizations and elements of the
Department of Defense as the Deputy Secretary
determines appropriate to be responsible for--
(i) serving as mission managers for
composing and demonstrating the integrated
mission threads under the mission management
pilot program established by section 871 of the
National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 10 U.S.C. 191
note);
(ii) providing continuing support and
sustainment for, and training and exercising
of, the integrated mission threads under the
operational command of the Commander of United
States Indo-Pacific Command and such other
combatant commands as may be designated by
Deputy Secretary;
(iii) planning and executing
experimentation and demonstrations with--
(I) Joint data integration
approaches;
(II) mission integration
capabilities, especially software; and
(III) Joint tactics, techniques,
and procedures;
(iv) assisting in fielding mission
integration software to encourage the
development and employment of such software on
a larger scale, especially at the designated
combatant commands;
(v) assessing and integrating, as
appropriate, the capabilities of Assault
Breaker II, developed by the Defense Advanced
Research Projects Agency, and related
developmental efforts as those efforts
transition to operational deployment; and
(vi) integrating joint all domain command
and control mission threads and mission command
and control, including in conflicts that arise
with minimal warning, and exercising other
joint all domain command and control
capabilities and functions.
(D) Integrate the planning and demonstrations of
the mission threads with--
(i) the Production, Exploitation, and
Dissemination Center in the United States Indo-
Pacific Command;
(ii) the Family of Integrated Targeting
Cells; and
(iii) the tactical dissemination and
information sharing systems for the Armed
Forces and allies of the United States,
including the Mission Partner Environment and
the Maven Smart System.
(2) Objectives described.--The objectives described in this
paragraph are the following--
(A) to support the emphasis of the National Defense
Strategy on adversary-specific deterrence postures;
(B) to support actions that can be taken within the
period covered by the future-years defense program
focused on--
(i) critical mission threads, such as
kinetic kill chains and non-kinetic effects
chains; and
(ii) integrated concepts of operation;
(C) to support demonstrations and experimentation;
and
(D) to achieve the objectives of the Joint All
Domain Command and Control Strategy and Implementation
Plan approved by the Deputy Secretary of Defense.
(c) Performance Goals.--The Deputy Secretary, the Vice Chairman,
and the commanders of such other combatant commands as may be
designated by the Deputy Secretary shall seek to--
(1) beginning in the third quarter of fiscal year 2023,
demonstrate new integrated mission threads on a regularly
recurring basis multiple times each year; and
(2) include such demonstrations, as feasible, in the Rapid
Defense Experimentation Reserve campaign of experimentation,
Valiant Shield, Northern Edge, the Large Scale Global Exercise,
the quarterly Scarlet Dragon exercises, the Global Information
Dominance Experiments, and annual force exercises in the area
of responsibility of the United States Indo-Pacific Command.
(d) Definitions.--In this section:
(1) The term ``Deputy Secretary'' means the Deputy
Secretary of Defense.
(2) The term ``Family of Integrated Targeting Cells'' means
the Maritime Targeting Cell-Afloat, the Maritime Targeting
Cell-Expeditionary, the Tactical Intelligence Targeting Access
Node, Tactical Operations Center Medium/Light, and other
interoperable command and control nodes that are able to task
the collection of, receive, process, and disseminate track and
targeting information from many sensing systems in
disconnected, denied, intermittent or limited bandwidth
conditions.
(3) The term ``joint all domain command and control''
refers to the warfighting capabilities that support commander
decision making at all echelons from campaigning to conflict,
across all domains, and with partners, to deliver information
advantage.
(4) The term ``mission command'' is the employment of
military operations through decentralized execution based upon
mission-type orders and the intent of commanders.
(5) The terms ``mission thread'', ``kill chain'', and
``effects chain'' have the meanings given those terms in the
publication of the Office of the Under Secretary of Defense for
Research and Engineering titled ``Mission Engineering Guide''
and dated November 2020.
(6) The term ``Vice Chairman'' means the Vice Chairman of
the Joint Chiefs of Staff.
SEC. 916. STRATEGIC MANAGEMENT DASHBOARD DEMONSTRATION.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall conduct a
demonstration of a strategic management dashboard to automate the data
collection and data visualization of the primary management goals of
the Department of Defense.
(b) Elements.--The Secretary of Defense shall ensure that the
strategic management dashboard demonstrated under subsection (a)
includes the following:
(1) The capability for real-time monitoring of the
performance of the Department of Defense in meeting the
management goals of the Department.
(2) An integrated analytics capability, including the
ability to dynamically add or upgrade new capabilities when
needed.
(3) Integration with the framework required by subsection
(c) of section 125a of title 10, United States Code, for
measuring the progress of the Department toward covered
elements of reform (as defined in subsection (d) of that
section).
(4) Incorporation of the elements of the strategic
management plan required by section 904(d) of the National
Defense Authorization Act of Fiscal Year 2008 (Public Law 110-
181; 10 U.S.C. note prec. 2201), as derived from automated data
feeds from existing information systems and databases.
(5) Incorporation of the elements of the most recent annual
performance plan of the Department required by section 1115(b)
of title 31, United States Code, and the most recent update on
performance of the Department required by section 1116 of that
title.
(6) Use of artificial intelligence and machine learning
tools to improve decision making and assessment relating to
data analytics.
(7) Adoption of leading and lagging indicators for key
strategic management goals.
(c) Authorities.--
(1) In general.--In conducting the demonstration required
by subsection (a), the Secretary of Defense may use the
authorities described in paragraph (2), and such other
authorities as the Secretary considers appropriate--
(A) to help accelerate the development of
innovative technological or process approaches; and
(B) to attract new entrants to solve the data
management and visualization challenges of the
Department.
(2) Authorities described.--The authorities described in
this paragraph are the authorities provided under the following
provisions of law:
(A) Section 4025 of title 10, United States Code
(relating to prizes for advanced technology
achievements).
(B) Section 217 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 10 U.S.C. 2222 note) (relating to science and
technology activities to support business systems
information technology acquisition programs).
(C) Section 908 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 10 U.S.C. 129a note) (relating to management
innovation activities).
(d) Use of Best Practices.--In conducting the demonstration
required by subsection (a), the Secretary of Defense shall leverage
commercial best practices in management and leading research in
management and data science.
(e) Strategic Management Dashboard Defined.--In this section, the
term ``strategic management dashboard'' means a system for dynamically
displaying management metrics, performance goals, and other information
necessary for Department of Defense leadership to make strategic
decisions related to the management of the Department using modern,
commercial practices for data visualization and drawn from existing
automated information systems available to the Department.
SEC. 917. DEMONSTRATION PROGRAM FOR COMPONENT CONTENT MANAGEMENT
SYSTEMS.
(a) In General.--Not later than July 1, 2023, the Chief Information
Officer of the Department of Defense, in coordination with the official
designated under section 238(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C.
note prec. 4061), shall complete a pilot program to demonstrate the
application of component content management systems to a distinct set
of data of the Department.
(b) Selection of Data Set.--In selecting a distinct set of data of
the Department for purposes of the pilot program required by subsection
(a), the Chief Information Officer shall consult with, at a minimum,
the following:
(1) The Office of the Secretary of Defense, with respect to
directives, instructions, and other regulatory documents of the
Department.
(2) The Office of the Secretary of Defense and the Joint
Staff, with respect to execution orders.
(3) The Office of the Under Secretary of Defense for
Research and Engineering and the military departments, with
respect to technical manuals.
(4) The Office of the Under Secretary of Defense for
Acquisition and Sustainment, with respect to Contract Data
Requirements List documents.
(c) Authority to Enter Into Contracts.--Subject to the availability
of appropriations, the Secretary of Defense may enter into contracts or
other agreements with public or private entities to conduct studies and
demonstration projects under the pilot program required by subsection
(a).
(c) Briefing Required.--Not later than 60 days after the date of
the enactment of this Act, the Chief Information Officer shall provide
to the congressional defense committees a briefing on plans to
implement the pilot program required by subsection (a).
(d) Component Content Management System Defined.--In this section,
the term ``component content management system'' means any content
management system that enables the management of content at a component
level instead of at the document level.
SEC. 918. REPORT ON POTENTIAL TRANSITION OF ALL MEMBERS OF THE SPACE
FORCE INTO A SINGLE COMPONENT.
(a) Report Required.--Not later than March 1, 2023, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the proposal of the
Air Force to transition the Space Force into a single component (in
this section referred to as the Space Component)--
(1) that consists of all members of the Space Force,
without regard to whether such a member is, under laws in
effect at the time of the report, in the active or reserve
component of the Space Force; and
(2) in which such members may transfer between duty
statuses more freely than would otherwise be allowed under the
laws in effect at the time of the report.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) A plan that describes any rules, regulations, policies,
guidance, and statutory provisions that may be implemented to
govern--
(A) the ability of a member of the Space Component
to transfer between duty statuses, the number of
members authorized to make such transfers, and the
timing of such transfers;
(B) the retirement of members of the Space
Component, including the determination of a member's
eligibility for retirement and the calculation of the
retirement benefits (including benefits under laws
administered by the Secretary of Veterans Affairs) to
which the member would be entitled based on a career
consisting of service in duty statuses of the Space
Component; and
(C) the composition and operation of promotion
selection boards with respect to members of the Space
Component, including the treatment of general officers
by such boards.
(2) A comprehensive analysis of how such proposal may
affect the ability of departments and agencies of the Federal
Government (including departments and agencies outside the
Department of Defense and the Department of Veterans Affairs)
to accurately calculate the pay or determine the benefits,
including health care benefits under chapter 55 of title 10,
United States Code, to which a member or former member of the
Space Component is entitled at any given time.
(3) Draft legislative text, prepared by the Office of
Legislative Counsel within the Office of the General Counsel of
the Department of Defense, that comprehensively sets forth all
amendments and modifications to Federal statutes needed to
effectively implement the proposal described in subsection (a),
including--
(A) amendments and modifications to titles 10, 37,
and 38, United States Code;
(B) amendments and modifications to Federal
statutes outside of such titles; and
(C) an analysis of each provision of Federal
statutory law that refers to the duty status of a
member of an Armed Force, or whether such member is in
an active or reserve component, and, for each such
provision--
(i) a written determination indicating
whether such provision requires amendment or
other modification to clarify its applicability
to a member of the Space Component; and
(ii) if such an amendment or modification
is required, draft legislative text for such
amendment or modification.
(4) An assessment of the feasibility and advisability of--
(A) exempting the proposed Space Component from the
existing ``up or out'' system of officer career
advancement first established by the amendments to
title 10, United States Code, made by the Defense
Officer Personnel Management Act (Public Law 96-513; 94
Stat. 2835);
(B) combining active and reserve components in a
new, single Space Component and whether a similar
outcome could be achieved using the existing active and
reserve component frameworks with modest statutory
changes to allow reserve officers to serve on sustained
active duty; and
(C) creating career flexibility for reserve members
of the Space Component, including in shifting
retirement points earned from one year to the next and
allowing members of the Space Component to move back
and forth between active and reserve status for
prolonged periods of time across a career.
(5) An assessment of the implications of the proposed
reorganization of the Space Force on the development of space
as a warfighting domain in the profession of arms, particularly
with respect to officer leadership, development, and
stewardship of the profession.
(6) A determination of whether existing government ethics
regulations are adequate to address potential conflicts of
interest for Space Component officers who seek to move back and
forth between sustained active duty and working for private
sector organizations in the space industry as reserve officers
in the Space Component.
(7) An analysis of the following:
(A) Whether the proposed Space Component framework
is consistent with the joint service requirements of
chapter 38 of title 10, United States Code.
(B) Budgetary implications of the establishment of
the Space Component.
(C) The nature of the relationship with private
industry and civilian employers that would be required
and consistent with professional ethics to successfully
implement the Space Component.
(D) The effect of establishing a Space Component on
diversity and inclusion within the Space Force.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Sense of Congress relating to the corrective action plans
review process.
Sec. 1003. Annual reports on budgetary effects of inflation.
Subtitle B--Counterdrug Activities
Sec. 1011. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Modification to annual naval vessel construction plan.
Sec. 1022. Navy consultation with Marine Corps on major decisions
directly concerning Marine Corps amphibious
force structure and capability.
Sec. 1023. Amphibious warship force structure.
Sec. 1024. Modification to limitation on decommissioning or
inactivating battle force ships before end
of expected service life.
Sec. 1025. Amphibious warfare ship assessment and requirements.
Sec. 1026. Battle force ship employment, maintenance, and manning
baseline plans.
Sec. 1027. Withholding of certain information about sunken military
crafts.
Sec. 1028. Business case analyses on disposition of certain Government-
owned dry-docks.
Sec. 1029. Prohibition on retirement of certain naval vessels.
Subtitle D--Counterterrorism
Sec. 1031. Extension of prohibition on use of funds for transfer or
release of individuals detained at United
States Naval Station, Guantanamo Bay, Cuba,
to the United States.
Sec. 1032. Extension of prohibition on use of funds to construct or
modify facilities in the United States to
house detainees transferred from United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 1033. Modification and extension of prohibition on use of funds
for transfer or release of individuals
detained at United States Naval Station,
Guantanamo Bay, Cuba, to certain countries.
Sec. 1034. Extension of prohibition on use of funds to close or
relinquish control of United States Naval
Station, Guantanamo Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Submission of national defense strategy in classified and
unclassified form.
Sec. 1042. Department of Defense support for funerals and memorial
events for Members and former Members of
Congress.
Sec. 1043. Modification of authority for humanitarian demining
assistance and stockpiled conventional
munitions assistance.
Sec. 1044. Modification of provisions relating to anomalous health
incidents.
Sec. 1045. Security clearances for recently separated members of the
Armed Forces and civilian employees of the
Department of Defense.
Sec. 1046. Integrated and authenticated access to Department of Defense
systems for certain congressional staff for
oversight purposes.
Sec. 1047. Introduction of entities in transactions critical to
national security.
Sec. 1048. Joint training pipeline between United States Navy and Royal
Australian Navy.
Sec. 1049. Standardization of sectional barge construction for
Department of Defense use on rivers and
intercoastal waterways.
Sec. 1050. Department of Defense support for recently enacted
commissions.
Subtitle F--Studies and Reports
Sec. 1051. Modification of annual report on unfunded priorities.
Sec. 1052. Congressional notification of military information support
operations in the information environment.
Sec. 1053. Modification and continuation of reporting requirement
relating to humanitarian assistance.
Sec. 1054. Briefing on Global Force Management Allocation Plan.
Sec. 1055. Report and budget details regarding Operation Spartan
Shield.
Sec. 1056. Annual report on civilian casualties in connection with
United States military operations.
Sec. 1057. Extension of certain reporting deadlines.
Sec. 1058. Extension and modification of reporting requirement
regarding enhancement of information
sharing and coordination of military
training between Department of Homeland
Security and Department of Defense.
Sec. 1059. Continuation of requirement for annual report on National
Guard and reserve component equipment.
Sec. 1060. Modification of authority of Secretary of Defense to
transfer excess aircraft to other
departments of the Federal Government and
authority to transfer excess aircraft to
States.
Sec. 1061. Combatant command risk assessment for airborne intelligence,
surveillance, and reconnaissance.
Sec. 1062. Study on military training routes and special use air space
near wind turbines.
Sec. 1063. Annual reports on safety upgrades to the high mobility
multipurpose wheeled vehicle fleets.
Sec. 1064. Department of Defense delays in providing comments on
Government Accountability Office reports.
Sec. 1065. Justification for transfer or elimination of certain flying
missions.
Sec. 1066. Reports on United States military force presence in Europe.
Sec. 1067. Report on Department of Defense practices regarding
distinction between combatants and
civilians in United States military
operations.
Sec. 1068. Report on strategy and improvement of community engagement
efforts of Armed Forces in Hawaii.
Sec. 1069. Report on Department of Defense military capabilities in the
Caribbean.
Sec. 1070. Quarterly briefings on Department of Defense support for
civil authorities to address immigration at
the southwest border.
Sec. 1071. Annual report on procurement of equipment by State and local
governments through the Department of
Defense.
Sec. 1072. Briefing on financial oversight of certain educational
institutions receiving Department of
Defense funds.
Sec. 1073. Report on effects of certain ethics requirements on
Department of Defense hiring, retention,
and operations.
Sec. 1074. Joint Concept for Competing.
Sec. 1075. Analysis of feasibility and advisability of relocating major
units of the United States Armed Forces to
certain European countries.
Sec. 1076. Report on effects of strategic competitor naval facilities
in Africa.
Subtitle G--Other Matters
Sec. 1081. Technical and conforming amendments.
Sec. 1082. Department of Defense Civilian Protection Center of
Excellence.
Sec. 1083. Ronald V. Dellums Memorial Fellowship in STEM.
Sec. 1084. Amendment to memorial for members of the Armed Forces killed
in attack on Hamid Karzai International
Airport.
Sec. 1085. Public availability of cost of certain military operations.
Sec. 1086. Combating military reliance on Russian energy.
Sec. 1087. Establishment of joint force headquarters in area of
operations of United States Indo-Pacific
Command.
Sec. 1088. National tabletop exercise.
Sec. 1089. Personnel supporting the Office of the Assistant Secretary
of Defense for Special Operations and Low
Intensity Conflict.
Sec. 1090. Sense of Congress on redesignation of the Africa Center for
Strategic Studies as the James M. Inhofe
Center for Africa Strategic Studies.
Sec. 1091. Integration of electronic warfare into Tier 1 and Tier 2
joint training exercises.
Sec. 1092. National Commission on the Future of the Navy.
Sec. 1093. Dynamic airspace pilot program.
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 2023 between any such authorizations for that
fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed
$6,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a) to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. SENSE OF CONGRESS RELATING TO THE CORRECTIVE ACTION PLANS
REVIEW PROCESS.
It is the sense of Congress that the Under Secretary of Defense
(Comptroller) should--
(1) take appropriate steps to improve the corrective action
plans review process, including by linking notices of findings
and recommendations with the corrective action plans to address
such notices; and
(2) update Department of Defense guidance to instruct the
Department and its components to document root cause analysis
when needed to address deficiencies auditors have identified.
SEC. 1003. ANNUAL REPORTS ON BUDGETARY EFFECTS OF INFLATION.
(a) Annual Report.--Not later than 30 days after the date of the
submission of the President's budget for a fiscal year under section
1105 of title 31, United States Code, the Secretary of Defense shall
deliver to the congressional defense committees a report on observed
and anticipated budgetary effects related to inflation, including--
(1) for each Department of Defense appropriation account--
(A) the amount appropriated for the fiscal year
preceding the fiscal year during which the report is
submitted, the amount appropriated for the fiscal year
during which the report is submitted, and the amount
requested for the fiscal year for which the budget is
submitted;
(B) the relevant inflation index applied to each
such account at the time of the budget submission for
the fiscal year preceding the fiscal year during which
the report is submitted, the fiscal year during which
the report is submitted, and the fiscal year for which
the budget is submitted;
(C) the actual inflationary budgetary effects on
each such account for the fiscal year preceding the
fiscal year during which the report is submitted;
(D) the estimated inflationary budgetary effects
for the fiscal year during which the report is
submitted and the fiscal year for which the budget is
submitted; and
(E) a calculation of estimated budgetary effects
due to inflation using the estimated indices for the
fiscal year during which the report is submitted
compared to the estimated indices for the fiscal year
for the budget is submitted.
(2) for the fiscal year preceding the fiscal year during
which the report is submitted, the fiscal year during which the
report is submitted, and the fiscal year for which the budget
is submitted, a summary of any requests for equitable
adjustment, exercising of economic price adjustment
(hereinafter referred to as ``EPA'') clauses, or bilateral
contract modifications to include an EPA, including the
contract type and fiscal year and the type and amount of
appropriated funds used for the contract;
(3) a summary of any methodological changes in Department
of Defense cost estimation practices for inflationary budgetary
effects for the fiscal year during which the report is
submitted and the fiscal year for which the budget is
submitted; and
(4) any other matters the Secretary determines appropriate.
(b) Periodic Briefing.--Not later than 60 days after the conclusion
of the Department of Defense budget mid-year review, the Secretary of
Defense shall provide the congressional defense committees with a
briefing on--
(1) any changes in the observed or anticipated inflation
indices included in the report required under subsection (a);
(2) any actions taken by the Department of Defense to
respond to changes discussed in such report, with specific
dollar value figures; and
(3) any requests for equitable adjustment received by the
Department of Defense, economic price adjustment clauses
exercised, or bilateral contract modifications to include an
EPA made since the submission of the report required under
subsection (a).
(c) Termination.--The requirement to submit a report under
subsection (a) and the requirement to provide a briefing under
subsection (b) shall terminate on the date that is five years after the
date of the enactment of this Act.
Subtitle B--Counterdrug Activities
SEC. 1011. EXTENSION OF AUTHORITY TO SUPPORT A UNIFIED COUNTERDRUG AND
COUNTERTERRORISM CAMPAIGN IN COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most
recently amended by section 1007 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1889), is
further amended--
(1) in subsection (a)(1), by striking ``2023'' and
inserting ``2025''; and
(2) in subsection (c), by striking ``2023'' and inserting
``2025''; and
(3) by adding at the end the following:
``(h) Annual Report on Plan Colombia.--Not later than 30 days after
the end of each fiscal year from 2023 to 2025, the Secretary of Defense
shall submit to the congressional defense committees and the Committee
on Foreign Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives a report that includes the following:
``(1) An assessment of the threat to Colombia from
narcotics trafficking and activities by organizations
designated as foreign terrorist organizations under section
219(a) of the Immigration and Nationality Act (8 U.S.C.
1189(a)).
``(2) A description of the plan of the Government of
Colombia for the unified campaign described in subsection (a).
``(3) A description of the activities supported using the
authority provided by subsection (a).
``(4) An assessment of the effectiveness of the activities
described in paragraph (3) in addressing the threat described
in paragraph (1).''.
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. MODIFICATION TO ANNUAL NAVAL VESSEL CONSTRUCTION PLAN.
Section 231(b)(2) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(J) For any class of battle force ship for which the
procurement of the final ship of the class is proposed in the
relevant future-years defense program submitted under section
221 of this title--
``(i) a description of the expected specific
effects on the Navy shipbuilding industrial base of--
``(I) the termination of the production
program for the ship and the transition to a
new or modified production program, or
``(II) the termination of the production
program for the ship without a new or modified
production program to replace it; and
``(ii) in the case of any such production program
for which a replacement production program is proposed,
a detailed schedule for the replacement production
program with planned decision points, solicitations,
and contract awards.''.
SEC. 1022. NAVY CONSULTATION WITH MARINE CORPS ON MAJOR DECISIONS
DIRECTLY CONCERNING MARINE CORPS AMPHIBIOUS FORCE
STRUCTURE AND CAPABILITY.
(a) In General.--Section 8026 of title 10, United States Code, is
amended by inserting ``or amphibious force structure and capability''
after ``Marine Corps aviation''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended by inserting ``or amphibious force structure and
capability'' after ``aviation''.
(2) Table of sections.--The table of sections at the
beginning of chapter 803 of such title is amended by striking
the item relating to section 8026 and inserting the following
new item:
``8026. Consultation with Commandant of the Marine Corps on major
decisions directly concerning Marine Corps
aviation or amphibious force structure and
capability.''.
SEC. 1023. AMPHIBIOUS WARSHIP FORCE STRUCTURE.
Section 8062 of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) in the first sentence, by inserting ``and not
less than 31 operational amphibious warfare ships, of
which not less than 10 shall be amphibious assault
ships'' before the period; and
(B) in the second sentence--
(i) by inserting ``or amphibious warfare
ship'' before ``includes''; and
(ii) by inserting ``or amphibious warfare
ship'' before ``that is temporarily
unavailable''; and
(2) by adding at the end the following new subsection:
``(g) In this section, 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).''.
SEC. 1024. MODIFICATION TO LIMITATION ON DECOMMISSIONING OR
INACTIVATING BATTLE FORCE SHIPS BEFORE END OF EXPECTED
SERVICE LIFE.
(a) In General.--Section 8678a(b) of title 10, United States Code,
is amended--
(1) in paragraph (1), by inserting ``by not later than
three days after the date on which the President submits the
budget materials under section 1105(a) of title 31 for the
fiscal year in which such waiver is sought'' after ``such
ship''; and
(2) in paragraph (2), by striking ``such certification was
submitted'' and inserting ``the National Defense Authorization
Act for such fiscal year is enacted''.
(b) No Effect on Certain Ships.--The amendments made by subsection
(a) do not apply to a battle force ship (as such term is defined in
section 8678a(e)(1) of title 10, United States Code) that is proposed
to be decommissioned or inactivated during fiscal year 2023.
SEC. 1025. AMPHIBIOUS WARFARE SHIP ASSESSMENT AND REQUIREMENTS.
Section 8695 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) Amphibious Warfare Ships.--In preparing each assessment and
requirement under subsection (a), the Commandant of the Marine Corps
shall be specifically responsible for developing the requirements
relating to amphibious warfare ships.''.
SEC. 1026. BATTLE FORCE SHIP EMPLOYMENT, MAINTENANCE, AND MANNING
BASELINE PLANS.
(a) In General.--Chapter 863 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 8696. Battle force ship employment, maintenance, and manning
baseline plans
``(a) In General.--Not later than 45 days after the date of the
delivery of the first ship in a new class of battle force ships, the
Secretary of the Navy shall submit to the congressional defense
committees a report on the employment, maintenance, and manning
baseline plans for the class, including a description of the following:
``(1) The sustainment and maintenance plans for the class
that encompass the number of years the class is expected to be
in service, including--
``(A) the allocation of maintenance tasks among
organizational, intermediate, depot, or other
activities;
``(B) the planned duration and interval of
maintenance for all depot-level maintenance
availabilities; and
``(C) the planned duration and interval of drydock
maintenance periods.
``(2) Any contractually required integrated logistics
support deliverables for the ship, including technical manuals,
and an identification of--
``(A) the deliverables provided to the Government
on or before the delivery date; and
``(B) the deliverables not provided to the
Government on or before the delivery date and the
expected dates those deliverables will be provided to
the Government.
``(3) The planned maintenance system for the ship,
including--
``(A) the elements of the system, including
maintenance requirement cards, completed on or before
the delivery date;
``(B) the elements of the system not completed on
or before the delivery date and the expected completion
date of those elements; and
``(C) the plans to complete planned maintenance
from the delivery date until all elements of the system
have been completed.
``(4) The coordinated shipboard allowance list for the
class, including--
``(A) the items on the list onboard on or before
the delivery date; and
``(B) the items on the list not onboard on or
before the delivery date and the expected arrival date
of those items.
``(5) The ship manpower document for the class, including--
``(A) the number of officers by grade and
designator; and
``(B) the number of enlisted personnel by rate and
rating.
``(6) The personnel billets authorized for the ship for the
fiscal year in which the ship is delivered and each of the four
fiscal years thereafter, including--
``(A) the number of officers by grade and
designator; and
``(B) the number of enlisted personnel by rate and
rating.
``(7) Programmed funding for manning and end strength on
the ship for the fiscal year in which the ship is delivered and
each of the four fiscal years thereafter, including--
``(A) the number of officers by grade and
designator; and
``(B) the number of enlisted personnel by rate and
rating.
``(8) Personnel assigned to the ship on the delivery date,
including--
``(A) the number of officers by grade and
designator; and
``(B) the number of enlisted personnel by rate and
rating.
``(9) For each critical hull, mechanical, electrical,
propulsion, and combat system of the class as so designated by
the Senior Technical Authority pursuant to section
8669b(c)(2)(C) of this title, the following:
``(A) The Government-provided training available
for personnel assigned to the ship at the time of
delivery, including the nature, objectives, duration,
and location of the training.
``(B) The contractor-provided training available
for personnel assigned to the ship at the time of
delivery, including the nature, objectives, duration,
and location of the training.
``(C) Plans to adjust how the training described in
subparagraphs (A) and (B) will be provided to personnel
after delivery, including the nature and timeline of
those adjustments.
``(10) The notional employment schedule of the ship for
each month of the fiscal year in which the ship is delivered
and each of the four fiscal years thereafter, including an
identification of time spent in the following phases:
``(A) Basic.
``(B) Integrated or advanced.
``(C) Deployment.
``(D) Maintenance.
``(E) Sustainment.
``(b) Notification Required.--Not less than 30 days before
implementing a significant change to the baseline plans described in
subsection (a) or any subsequent significant change, the Secretary of
the Navy shall submit to the congressional defense committees written
notification of the change, including for each such change the
following:
``(1) An explanation of the change.
``(2) The desired outcome.
``(3) The rationale.
``(4) The duration.
``(5) The operational effects.
``(6) The budgetary effects, including--
``(A) for the year in which the change is made;
``(B) over the five years thereafter; and
``(C) over the expected service life of the
relevant class of battle force ships.
``(7) The personnel effects, including--
``(A) for the year in which the change is made;
``(B) over the five years thereafter; and
``(C) over the expected service life of the
relevant class of battle force ships.
``(8) The sustainment and maintenance effects, including--
``(A) for the year in which the change is made;
``(B) over the five years thereafter; and
``(C) over the expected service life of the
relevant class of battle force ships.
``(c) Treatment of Certain Ships.--(1) For the purposes of this
section, the Secretary of the Navy shall treat as the first ship in a
new class of battle force ships the following:
``(A) U.S.S. John F. Kennedy (CVN-79).
``(B) U.S.S. Michael Monsoor (DDG-1001).
``(C) U.S.S. Jack H. Lucas (DDG-125).
``(2) For each ship described in paragraph (1), the Senior
Technical Authority shall identify critical systems for the purposes of
subsection (a)(9).
``(d) Definitions.--In this section:
``(1) The term `battle force ship' means the following:
``(A) A commissioned United States Ship warship
capable of contributing to combat operations.
``(B) A United States Naval Ship that contributes
directly to Navy warfighting or support missions.
``(2) The term `delivery' has the meaning provided for in
section 8671 of this title.
``(3) The term `Senior Technical Authority' has the meaning
provided for in section 8669b of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 863 of such title is amended by adding at the end the following
new item:
``8696. Battle force ship employment, maintenance, and manning baseline
plans.''.
SEC. 1027. WITHHOLDING OF CERTAIN INFORMATION ABOUT SUNKEN MILITARY
CRAFTS.
Section 1406 of the Sunken Military Craft Act (title XIV of Public
Law 108-375; 10 U.S.C. 113 note) is amended by adding at the end the
following new subsection:
``(j) Withholding of Certain Information.--Pursuant to
subparagraphs (A)(ii) and (B) of section 552(b)(3) of title 5 United
States Code, the Secretary concerned may withhold from public
disclosure information and data about the location or related artifacts
of a sunken military craft under the jurisdiction of the Secretary, if
such disclosure would increase the risk of the unauthorized disturbance
of one or more sunken military craft.''.
SEC. 1028. BUSINESS CASE ANALYSES ON DISPOSITION OF CERTAIN GOVERNMENT-
OWNED DRY-DOCKS.
(a) AFDM-10.--Not later than June 1, 2023, the Secretary of the
Navy shall submit to the congressional defense committees the results
of a business case analysis for Auxiliary Floating Dock, Medium-10 (in
this section referred to as ``AFDM-10'') that compares the following
options:
(1) The continued use of AFDM-10, in the same location and
under the same lease authorities in effect on the date of the
enactment of this Act.
(2) The relocation of AFDM-10 to Naval Station Everett,
including all infrastructure support requirement costs and
anticipated operating costs.
(3) The relocation and use of AFDM-10 in alternate
locations under the same lease authorities in effect on the
date of the enactment of this Act, including all infrastructure
support requirement costs and anticipated operating costs.
(4) The relocation and use of AFDM-10 in alternate
locations under alternative lease authorities.
(5) The conveyance of AFDM-10 at a fair market rate to an
appropriate non-Government entity with expertise in the non-
nuclear ship repair industry.
(6) Such other options as the Secretary determines
appropriate.
(b) Graving Dock at Naval Base, San Diego.--Not later than June 1,
2023, the Secretary of the Navy shall submit to the congressional
defense committees the results of a business case analysis for the
Government-owned graving dock at Naval Base San Diego, California, that
compares the following options:
(1) The continued use of such graving dock, in accordance
with the utilization strategy described in the May 25, 2022
report to Congress entitled ``Navy Dry Dock Strategy for
Surface Ship Maintenance and Repair''.
(2) Such other options as the Secretary determines
appropriate.
(c) Matters for Evaluation.--The business case analyses required
under subsections (a) and (b) shall each include an evaluation of each
of the following:
(1) The extent to which the Secretary plans to execute a
consistent and balanced docking strategy that ensures the
health of private sector maintenance and repair capability and
capacity.
(2) Legal, regulatory, and other requirements applicable to
each of the options considered under each such analysis,
including environmental documentation, and the effect that such
requirements are projected to have on the cost and schedule of
such option.
(3) The extent to which the Secretary is considering adding
dry dock capacity, including an analysis of the projected cost
of adding such capacity and the potential effects of adding
such capacity on private sector repair and maintenance
facilities.
(4) The projected use by the Navy of Government and non-
Government dry docks assets through fiscal year 2027.
(5) For each option considered under each such analysis,
the projected implementation timeline and costs.
(6) For each option considered under each such analysis,
the relative maintenance capacity and output.
SEC. 1029. PROHIBITION ON RETIREMENT OF CERTAIN NAVAL VESSELS.
(a) In General.--None of the funds authorized to be appropriated by
this Act for fiscal year 2023 may be obligated or expended to retire,
prepare to retire, or place in storage--
(1) any of the naval vessels referred to in subsection (b);
or
(2) more than four Littoral Combat Ships.
(b) Naval Vessels.--The naval vessels referred to in this
subsection are the following:
(1) USS Vicksburg (CG 69).
(2) USS Germantown (LSD 42).
(3) USS Gunston Hall (LSD 44).
(4) USS Tortuga (LSD 46).
(5) USS Ashland (LSD 48).
(6) USNS Montford Point (T-ESD 1).
(7) USNS John Glenn (T-ESD 2).
(c) Littoral Combat Ships.--In the case of any Littoral Combat Ship
that is retired, prepared to retire, or placed in storage using funds
authorized to be appropriated by this Act for fiscal year 2023, the
Secretary of Defense shall ensure that such vessel is evaluated for
potential transfer to the military forces of a nation that is an ally
or partner of the United States.
Subtitle D--Counterterrorism
SEC. 1031. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR
RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA, TO THE UNITED STATES.
Section 1033 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1953), as most
recently amended by section 1033 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1901), is
further amended by striking ``December 31, 2022'' and inserting
``December 31, 2023''.
SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR
MODIFY FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES
TRANSFERRED FROM UNITED STATES NAVAL STATION, GUANTANAMO
BAY, CUBA.
Section 1034(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
1954), as most recently amended by section 1034 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
1901), is further amended by striking ``December 31, 2022'' and
inserting ``December 31, 2023''.
SEC. 1033. MODIFICATION AND EXTENSION OF PROHIBITION ON USE OF FUNDS
FOR TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT UNITED
STATES NAVAL STATION, GUANTANAMO BAY, CUBA, TO CERTAIN
COUNTRIES.
Section 1035 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as most
recently amended by section 1032 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1901), is
further amended--
(1) by striking ``December 31, 2022'' and inserting
``December 31, 2023'';
(2) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(3) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(1) Afghanistan.''.
SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE OR
RELINQUISH CONTROL OF UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.
Section 1036 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1551), as most recently amended
by section 1035 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1901), is further amended by
striking ``2022'' and inserting ``2023''.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. SUBMISSION OF NATIONAL DEFENSE STRATEGY IN CLASSIFIED AND
UNCLASSIFIED FORM.
Section 113(g)(1)(D) of title 10, United States Code, is amended by
striking ``in classified form with an unclassified summary.'' and
inserting ``in both classified and unclassified form. The unclassified
form may not be a summary of the classified document.''.
SEC. 1042. DEPARTMENT OF DEFENSE SUPPORT FOR FUNERALS AND MEMORIAL
EVENTS FOR MEMBERS AND FORMER MEMBERS OF CONGRESS.
(a) In General.--Chapter 3 of title 10, United States Code, is
amended by inserting after section 130 the following new section:
``Sec. 130a. Department of Defense support for funerals and memorial
events for Members and former Members of Congress
``(a) Support for Funerals.--Subject to subsection (b), the
Secretary of Defense may provide such support as the Secretary
considers appropriate for a funeral or memorial event for a Member or
former Member of Congress, including support with respect to
transportation to and from such a funeral or memorial event, in
accordance with this section.
``(b) Requests for Support; Secretary Determination.--The Secretary
may provide support under this section--
``(1) upon request from the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the Majority Leader of the Senate, or the
Minority Leader of the Senate; or
``(2) if the Secretary determines such support is necessary
to carry out duties or responsibilities of the Department of
Defense.
``(c) Use of Funds.--The Secretary may use funds authorized to be
appropriated for operation and maintenance to provide support under
this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
130 the following new item:
``130a. Department of Defense support for funerals and memorial events
for Members and former Members of
Congress.''.
SEC. 1043. MODIFICATION OF AUTHORITY FOR HUMANITARIAN DEMINING
ASSISTANCE AND STOCKPILED CONVENTIONAL MUNITIONS
ASSISTANCE.
(a) Location of Assistance.--Section 407 of title 10, United States
Code, is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``carry out'' and inserting
``provide''; and
(ii) by striking ``in a country'' and
inserting ``to a country''; and
(B) in subparagraph (A), by striking ``in which the
activities are to be carried out'' and inserting ``to
which the assistance is to be provided''; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``in which'' and inserting
``to which''; and
(ii) by striking ``carried out'' and
inserting ``provided'';
(B) in paragraph (2), by striking ``carried out
in'' and inserting ``provided to'';
(C) in paragraph (3)--
(i) by striking ``in which'' and inserting
``to which''; and
(ii) by striking ``carried out'' and
inserting ``provided''; and
(D) in paragraph (4), by striking ``in carrying out
such assistance in each such country'' and inserting
``in providing such assistance to each such country''.
(b) Expenses.--Subsection (c) of such section 407 is amended--
(1) in paragraph (2), by adding at the end the following
new subparagraph:
``(C) Travel, transportation, and subsistence expenses of
foreign personnel to attend training provided by the Department
of Defense under this section.''; and
(2) by striking paragraph (3).
(c) Report.--Subsection (d) of such section 407, as amended by
subsection (a)(2) of this section, is further amended in the matter
preceding paragraph (1), by striking ``include in the annual report
under section 401 of this title a separate discussion of'' and
inserting ``submit to the Committee on Armed Services and the Committee
on Foreign Relations of the Senate and the Committee on Armed Services
and the Committee on Foreign Affairs of the House of Representatives a
report on''.
SEC. 1044. MODIFICATION OF PROVISIONS RELATING TO ANOMALOUS HEALTH
INCIDENTS.
(a) Cross-functional Team.--Section 910 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C.
111 note) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``and any other''
and all that follows through ``necessary; and'' and
inserting ``, including the causation, attribution,
mitigation, identification, and treatment for such
incidents;'';
(B) in paragraph (2)--
(i) by inserting ``and deconflict'' after
``integrate'';
(ii) by striking ``agency'' and inserting
``agencies''; and
(iii) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) any other efforts regarding such incidents that the
Secretary considers appropriate.''; and
(2) in subsection (e)(2), by striking ``90 days'' and all
that follows through ``of enactment'' and inserting ``March 1,
2023, and not less frequently than once every 180 days
thereafter until March 1, 2026''.
(b) Access to Certain Facilities of Department of Defense.--Section
732 of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1797; 10 U.S.C. 1071 note) is amended--
(1) in the section heading, by striking ``united states
government employees and their family members'' and inserting
``covered individuals'';
(2) in subsection (a), by striking ``employees of the
United States Government and their family members who'' and
inserting ``covered individuals whom'';
(3) in subsection (c), by striking ``employees from those
agencies and their family members'' and inserting ``covered
individuals'';
(4) in subsection (d)--
(A) by striking ``employees of the United States
Government and their family members'' and inserting
``covered individuals''; and
(B) by striking ``subject to an agreement by the
employing agency and the consent of the employee'' and
inserting ``subject to the consent of the covered
individual and, if applicable, an agreement with the
employing agency''; and
(5) by adding at the end the following new subsection:
``(e) Covered Individuals Defined.--In this section, the term
`covered individuals' means--
``(1) current and former employees of the United States
Government and their family members; and
``(2) current and former members of the Armed Forces and
their family members.''.
SEC. 1045. SECURITY CLEARANCES FOR RECENTLY SEPARATED MEMBERS OF THE
ARMED FORCES AND CIVILIAN EMPLOYEES OF THE DEPARTMENT OF
DEFENSE.
(a) Improvements.--
(1) In general.--No later than September 30, 2023, the
Secretary of Defense, in coordination with the Director of
National Intelligence when acting as the Security Executive
Agent, shall establish a process to--
(A) determine, on the date on which a covered
individual separates from the Armed Forces or the
Department of Defense (as the case may be), whether the
covered individual held an eligibility to access
classified information or to occupy a sensitive
position immediately prior to such separation and
requires an eligibility of an equal or lower level for
employment as a covered contractor, except as provided
in subsection (b);
(B) ensure that the re-establishment of trust of a
covered individual's eligibility to occupy a sensitive
position takes place expeditiously, in accordance with
applicable laws, Executive Orders, or Security
Executive Agent policy; and
(C) ensure that any additional security processing
required to re-establish trust to reinstate a covered
individual's eligibility to access classified
information or occupy a sensitive position takes place
expeditiously.
(2) Coast guard.--In the case of a member of the Armed
Forces who is a member of the Coast Guard, the Secretary of
Defense shall carry out paragraph (1) in consultation with the
Secretary of the Department in which the Coast Guard is
operating.
(b) Exceptions.--
(1) In general.--Subsection (a) shall not apply with
respect to a covered individual--
(A) whose previously held security clearance is, or
was as of the date of separation of the covered
individual, under review as a result of one or more
potentially disqualifying factors or conditions that
have not been fully investigated or mitigated; or
(B) in the case of a member of the Armed Forces,
who separated from the Armed Forces under other than
honorable conditions.
(2) Clarification of review exception.--The exception
specified in paragraph (1)(A) shall not apply with respect to a
routine periodic reinvestigation or a continuous vetting
investigation in which no potentially disqualifying factors or
conditions have been found.
(c) Definitions.--In this section:
(1) The term ``covered contractor'' means an individual who
is employed by an entity that carries out work under a contract
with the Department of Defense or an element of the
intelligence community.
(2) The term ``covered individual'' means a former member
of the Armed Forces or a former civilian employee of the
Department of Defense.
(3) The term ``intelligence community'' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
SEC. 1046. INTEGRATED AND AUTHENTICATED ACCESS TO DEPARTMENT OF DEFENSE
SYSTEMS FOR CERTAIN CONGRESSIONAL STAFF FOR OVERSIGHT
PURPOSES.
(a) In General.--The Secretary of Defense shall develop processes
and procedures under which the Secretary shall issue access tokens to
staff of the congressional defense committees to facilitate the
performance of required congressional oversight activities. Such access
tokens shall--
(1) provide designated and authenticated staff with access
to designated Department of Defense information systems,
including--
(A) the reporting system described in section
805(b) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) that will replace
the Selected Acquisition Report requirements under
section 4351 of title 10, United States Code; and
(B) the process referred to in section 908 of the
William (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283) that is
used by the Department of Defense to identify reports
to Congress required by annual national defense
authorization Acts, assign responsibility for
preparation of such reports, and manage the completion
and delivery of such reports to Congress; and
(2) to the extent feasible, be integrated with the
provision of Pentagon Facilities Alternative Credentials.
(b) Implementation.--The Secretary shall implement the processes
and procedures developed under subsection (a) not later than 180 days
after the date of the enactment of this Act.
(c) Interim Briefing.--Not later than 90 days after the date of the
enactment of the Act, the Secretary of Defense shall provide to the
congressional defense committees an interim briefing on the status of
the processes and procedures required to be developed under subsection
(a), including any updates to applicable policies, instructions, and
guidance issued by the Department.
SEC. 1047. INTRODUCTION OF ENTITIES IN TRANSACTIONS CRITICAL TO
NATIONAL SECURITY.
(a) In General.--The Secretary of Defense may facilitate the
introduction of entities for the purpose of discussing a covered
transaction that the Secretary has determined is in the national
security interests of the United States.
(b) Covered Transaction Defined.--The term ``covered transaction''
means a transaction that the Secretary has reason to believe would
likely involve an entity affiliated with a strategic competitor unless
an alternative transaction were to occur.
SEC. 1048. JOINT TRAINING PIPELINE BETWEEN UNITED STATES NAVY AND ROYAL
AUSTRALIAN NAVY.
(a) Exchange Program.--Beginning in 2023, the Secretary of Defense,
in consultation with the Secretary of Energy, may carry out an exchange
program for Australian submarine officers to implement one or more
agreements entered into under the enhanced trilateral security
partnership referred to as ``AUKUS''. Under such a program, to the
extent consistent with one or more AUKUS agreements--
(1) a minimum of two Australian submarine officers may
participate in the United States Navy officer training program
for officers who are assigned to duty on nuclear powered
submarines; and
(2) following the successful completion of all aspects of
such training, such officers may be assigned to duty on an
operational United States submarine.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide the
congressional defense committees with a briefing on a notional exchange
program for Australian submarine officers that includes initial,
follow-on, and recurring training that could be provided to Australian
submarine officers in order prepare such officers for command of
nuclear-powered Australian submarines.
SEC. 1049. STANDARDIZATION OF SECTIONAL BARGE CONSTRUCTION FOR
DEPARTMENT OF DEFENSE USE ON RIVERS AND INTERCOASTAL
WATERWAYS.
With respect to the procurement of a sectional barge for the
Department of Defense on or after December 31, 2023, the Secretary of
Defense shall, to the extent practicable--
(1) ensure the solicitation for such sectional barge
includes a requirement for a design that has been approved by
the American Bureau of Shipping, using its rule set for
building and classing steel vessels, for service on rivers and
intercoastal waterways; or
(2) prioritize prime contractors that are in compliance
with ISO 9001:2015 of the International Organization for
Standardization (or successor standard) in awarding contracts
pursuant to such procurement.
SEC. 1050. DEPARTMENT OF DEFENSE SUPPORT FOR RECENTLY ENACTED
COMMISSIONS.
(a) Assistance From Department of Defense.--At the request of a
covered commission, the Secretary of Defense may provide to the covered
commission, on a reimbursable basis, such services, funds, facilities,
staff, and other support services as necessary for the performance of
the functions of the commission. Amounts provided to a covered
commission pursuant to this section may be provided from amounts
appropriated for the Department of Defense, as provided in advance in
appropriations Acts.
(b) Covered Commission Defined.--In this section, the term
``covered commission'' means a commission established pursuant to any
of the following sections of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81):
(1) Section 1004 (Commission on Planning, Programming,
Budgeting, and Execution Reform).
(2) section 1091 (National Security Commission on Emerging
Biotechnology).
(3) section 1094 (Afghanistan War Commission).
(4) section 1095 (Commission on the National Defense
Strategy).
(5) section 1687 (Congressional Commission on the Strategic
Posture of the United States).
Subtitle F--Studies and Reports
SEC. 1051. MODIFICATION OF ANNUAL REPORT ON UNFUNDED PRIORITIES.
Section 222a of title 10, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``to
be achieved'' and inserting ``outlined in the
national defense strategy required under
section 113(g) of this title and the National
Military Strategy required under section 139(b)
of this title to be advanced''; and
(ii) by adding at the end the following new
subparagraph:
``(D) A detailed assessment of each specific risk
that would be reduced in executing the national defense
strategy required under section 113(g) of this title
and the National Military Strategy required under
section 139(b) of this title if such priority is funded
(whether in whole or in part).''; and
(B) in paragraph (2)(A), by inserting ``according
to the amount of risk reduced'' after ``priority'';
(2) by adding redesignating subsection (d) as subsection
(e); and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Prioritization.--Not later than 10 days after the receipt of
the all of the reports referred to in subsection (a), the Secretary of
Defense, in consultation with the Chairman of the Joint Chiefs of
Staff, shall submit to the congressional defense committees a report
that prioritizes each specific unfunded priority across all unfunded
priorities submitted by officers specified in (b) according to the risk
reduced in executing the national defense strategy required under
section 113(g) of this title and the National Military Strategy
required under section 139(b) of this title.''.
SEC. 1052. CONGRESSIONAL NOTIFICATION OF MILITARY INFORMATION SUPPORT
OPERATIONS IN THE INFORMATION ENVIRONMENT.
(a) In General.--Chapter 19 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 398. Military information support operations in information
environment
``(a) Congressional Notification Requirement.--(1) Not later than
48 hours after the execution of any new military information support
operation plan (in this section referred to as a `MISO plan') approved
by the commander of a combatant command, or any change in scope of any
existing MISO plan, including any underlying MISO supporting plan, the
Secretary of Defense shall promptly submit to the congressional defense
committees notice in writing of such approval or execution of change in
scope.
``(2) A notification under paragraph (1) with respect to a MISO
plan shall include each of the following:
``(A) A description of the military information support
operation program (in this section referred to as a `MISO
program') supported by the MISO plan.
``(B) A description of the objectives of the MISO plan.
``(C) A description of the intended target audience for
military information support operation activities under the
MISO plan.
``(D) A description of the tactics, techniques, and
procedures to be used in executing the MISO plan.
``(E) A description of the personnel engaged in supporting
or facilitating the operation.
``(F) The amount of funding anticipated to be obligated and
expended to execute the MISO plan during the current and
subsequent fiscal years.
``(G) The expected duration and desired outcome of the MISO
plan.
``(H) Any other elements the Secretary determines
appropriate.
``(3) To the maximum extent practicable, the Secretary shall ensure
that the congressional defense committees are notified promptly of any
unauthorized disclosure of a clandestine military support operation
covered by this section. A notification under this subsection may be
verbal or written, but in the event of a verbal notification, the
Secretary shall provide a written notification by not later than 48
hours after the provision of the verbal notification.
``(b) Annual Report.--Not later than 90 days after the last day of
any fiscal year during which the Secretary conducts a MISO plan, the
Secretary shall submit to the congressional defense committees a report
on all such MISO plans conducted during such fiscal year. Such report
shall include each of the following:
``(1) A list of each MISO program and the combatant command
responsible for the program.
``(2) For each MISO plan--
``(A) a description of the plan and any supporting
plans, including the objectives for the plan;
``(B) a description of the intended target audience
for the activities carried out under the plan and the
means of distribution; and
``(C) the cost of executing the plan.
``(c) Prohibition on Clandestine Operations Designed to Influence
Opinions and Politics in United States.--None of the funds authorized
to be appropriated or otherwise made available for the Department of
Defense for any fiscal year may be used to conduct a clandestine
military information support operation that is designed to influence--
``(1) any political process taking place in the United
States;
``(2) the opinions of United States persons;
``(3) United States policies; or
``(4) media produced by United States entities for United
States persons.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``398. Military information support operations in information
environment.''.
SEC. 1053. MODIFICATION AND CONTINUATION OF REPORTING REQUIREMENT
RELATING TO HUMANITARIAN ASSISTANCE.
(a) Modification.--Section 2561(c)(3) of title 10, United States
Code, is amended--
(1) in subparagraph (A), by striking ``relief'' and
inserting ``assistance''; and
(2) by striking subparagraphs (B) and (C) and inserting the
following new subparagraphs:
``(B) A comprehensive list of humanitarian assistance
efforts for which support was provided under this section,
disaggregated by foreign partner country, amount obligated, and
purpose specified in subsection (b).
``(C) A description of the manner in which such efforts
address--
``(i) the humanitarian needs of the foreign partner
country; and
``(ii) Department of Defense objectives and broader
United States national security objectives.
``(D) A description of any transfer of nonlethal excess
supplies of the Department of Defense made available for
humanitarian relief purposes under section 2557 of this title,
including, for each such transfer--
``(i) the date of the transfer;
``(ii) the entity to which the transfer is made;
and
``(iii) the quantity of items transferred.''.
(b) Continuation of Reporting Requirement.--
(1) In general.--Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1000; 10 U.S.C. 111 note) does not apply to the report
required to be submitted to Congress under section 2561(c) of
title 10, United States Code.
(2) Conforming repeal.--Section 1061(c) of National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 111 note) is amended by striking paragraph (48).
SEC. 1054. BRIEFING ON GLOBAL FORCE MANAGEMENT ALLOCATION PLAN.
Section 1074(c) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) is amended by adding at the end
the following new paragraph:
``(4) For each major modification to global force
allocation made during the preceding fiscal year that deviated
from the Global Force Management Allocation Plan for that
fiscal year--
``(A) an analysis of the costs of such
modification;
``(B) an assessment of the risks associated with
such modification, including strategic risks,
operational risks, and risks to readiness; and
``(C) a description of any strategic trade-offs
associated with such modification.''.
SEC. 1055. REPORT AND BUDGET DETAILS REGARDING OPERATION SPARTAN
SHIELD.
Section 1225(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended--
(1) in paragraph (6) by striking ``; and'' and inserting a
semicolon;
(2) by redesignating paragraph (7) as paragraph (11); and
(3) by inserting after paragraph (6), the following new
paragraphs:
``(7) a list of all countries in which Task Force Spartan
operated during the prior fiscal year;
``(8) a description of activities conducted pursuant to the
operation to build the military readiness of partner forces
during the prior fiscal year, including--
``(A) training exercises;
``(B) joint exercises; and
``(C) bilateral or multilateral exchanges;
``(9) an assessment of the extent to which the activities
described in paragraph (8) improved--
``(A) the military readiness of such partner
forces;
``(B) the national security of the United States;
and
``(C) the national security of allies and partners
of the United States;
``(10) a description of criteria used to make the
assessment required under paragraph (9); and''.
SEC. 1056. ANNUAL REPORT ON CIVILIAN CASUALTIES IN CONNECTION WITH
UNITED STATES MILITARY OPERATIONS.
(a) In General.--Section 1057(b) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91) is amended--
(1) in paragraph (1), by striking ``that were confirmed, or
reasonably suspected, to have resulted in civilian casualties''
and inserting ``that resulted in civilian casualties that have
been confirmed or are reasonably suspected to have occurred'';
(2) in paragraph (2)--
(A) in subparagraph (B), by inserting ``,
including, to the extent practicable, the closest town,
city, or identifiable place'' after ``location'';
(B) in subparagraph (D), by inserting before the
period the following: ``, including the specific
justification or use of authority for each strike
conducted'';
(C) in subparagraph (E), by inserting before the
period at the end the following: ``, formulated as a
range, if necessary, and including, to the extent
practicable, information regarding the number of men,
women, and children involved''; and
(D) by adding at the end the following new
subparagraphs:
``(F) A summary of the determination of each
completed civilian casualty assessment or
investigation.
``(G) For each assessment or investigation of an
incident that resulted in civilian casualties--
``(i) whether the Department conducted any
witness interviews or site visits occurred, and
if not, an explanation of why not; and
``(ii) whether information pertaining to
the incident that was collected by one or more
non-governmental entities was considered, if
such information exists.''; and
(3) by striking paragraph (4) and inserting the following
new paragraph (4):
``(4) A description of any new or updated civilian harm
policies and procedures implemented by the Department of
Defense.''.
(b) Applicability.--The amendments made by this section shall apply
as follows:
(1) Except as provided in paragraph (2), the amendments
made by this section shall apply with respect to a report
submitted on or after May 1, 2024.
(2) The amendments made by subparagraphs (A) and (B) of
subsection (a)(2) shall apply with respect to a report
submitted after the date of the enactment of this Act.
SEC. 1057. EXTENSION OF CERTAIN REPORTING DEADLINES.
(a) Commission on Planning, Programming, Budgeting, and Execution
Reform.--Section 1004(g) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1886) is amended--
(1) in paragraph (1), by striking ``February 6, 2023'' and
inserting ``August 6, 2023''; and
(2) in paragraph (2), by striking ``September 1, 2023'' and
inserting ``March 1, 2024''.
(b) National Security Commission on Emerging Biotechnology.--
Section 1091(g) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1931) is amended--
(1) in paragraph (1), by striking ``2 years after'' and
inserting ``3 years after''; and
(2) in paragraph (2), by striking ``1 year after'' and
inserting ``2 years after''.
(c) Commission on the National Defense Strategy.--Section 1095(g)
of the National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81; 135 Stat. 1945) is amended--
(1) in paragraph (1), by striking ``one year after'' and
inserting ``two years after''; and
(2) in paragraph (2), by striking ``180 days after'' and
inserting ``one year after''.
(d) Congressional Commission on the Strategic Posture of the United
States.--Section 1687(d) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 2128) is amended--
(1) in paragraph (1), by striking ``December 31, 2022'' and
inserting ``July 31, 2023''; and
(2) in paragraph (3), by striking ``180 days after'' and
inserting ``one year after''.
SEC. 1058. EXTENSION AND MODIFICATION OF REPORTING REQUIREMENT
REGARDING ENHANCEMENT OF INFORMATION SHARING AND
COORDINATION OF MILITARY TRAINING BETWEEN DEPARTMENT OF
HOMELAND SECURITY AND DEPARTMENT OF DEFENSE.
Section 1014(d) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended--
(1) in paragraph (1)(B)(iv)--
(A) by striking ``(iii)--'' and inserting ``(iii),
the following:''; and
(B) by adding at the end the following new
subclauses:
``(VIII) The methodology used for
making cost estimates in the evaluation
of a request for assistance.
``(IX) The extent to which the
fulfillment of the request for
assistance affected readiness of the
Armed Forces, including members of the
reserve components.''; and
(2) in paragraph (3), by striking ``December 31, 2023'' and
inserting ``December 31, 2024''.
SEC. 1059. CONTINUATION OF REQUIREMENT FOR ANNUAL REPORT ON NATIONAL
GUARD AND RESERVE COMPONENT EQUIPMENT.
(a) In General.--Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1000; 10 U.S.C. 111 note) does not apply to the report required to be
submitted to Congress under section 10541 of title 10, United States
Code.
(b) Conforming Repeal.--Section 1061(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328); 130 Stat.
2402; 10 U.S.C. 111 note) is amended by striking paragraph (62).
SEC. 1060. MODIFICATION OF AUTHORITY OF SECRETARY OF DEFENSE TO
TRANSFER EXCESS AIRCRAFT TO OTHER DEPARTMENTS OF THE
FEDERAL GOVERNMENT AND AUTHORITY TO TRANSFER EXCESS
AIRCRAFT TO STATES.
Section 1091 of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112-239; 10 U.S.C. 2576 note) is amended--
(1) in the section heading, by inserting ``and to states''
after ``federal government'';
(2) in subsection (a), in the first sentence, by striking
``and the Secretary of Homeland Security for use by the Forest
Service and the United States Coast Guard'' and inserting ``for
use by the Forest Service, to the Secretary of Homeland
Security for use by the United States Coast Guard, and to the
Governor of a State'';
(3) in subsection (b)--
(A) in paragraph (1), by striking ``or the United
States Coast Guard as a suitable platform to carry out
their respective missions'' and inserting ``, the
United States Coast Guard, or the Governor of a State,
as the case may be, as a suitable platform to carry out
wildfire suppression, search and rescue, or emergency
operations pertaining to wildfires'';
(B) in paragraph (3), by striking ``; and'' and
inserting a semicolon;
(C) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following new
paragraph:
``(5) in the case of aircraft to be transferred to the
Governor of a State, acceptable for use by the State, as
determined by the Governor.'';
(4) by striking subsection (c);
(5) by redesignating subsections (d) through (g) as
subsections (c) through (f), respectively;
(6) in subsection (c), as so redesignated--
(A) in paragraph (1)--
(i) by striking ``up to seven''; and
(ii) by inserting ``the Governor of a State
or to'' after ``offered to''; and
(B) by amending paragraph (2) to read as follows:
``(2) Expiration of right of refusal.--A right of refusal
afforded the Secretary of Agriculture or the Secretary of
Homeland Security under paragraph (1) with regards to an
aircraft shall expire upon official notice of such Secretary to
the Secretary of Defense that such Secretary declines such
aircraft.'';
(7) in subsection (d), as so redesignated--
(A) in the matter preceding paragraph (1), by
inserting ``or to the Governor of a State'' after ``the
Secretary of Agriculture'';
(B) in paragraph (1), by striking ``wildfire
suppression purposes'' and inserting ``purposes of
wildfire suppression, search and rescue, or emergency
operations pertaining to wildfires''; and
(C) in paragraph (2)--
(i) by inserting ``, search and rescue,
emergency operations pertaining to wildfires,''
after ``efforts''; and
(ii) by inserting ``or Governor of the
State, as the case may be,'' after ``Secretary
of Agriculture'';
(8) in subsection (e), as so redesignated, by striking ``or
the Secretary of Homeland Security'' and inserting ``, the
Secretary of Homeland Security, or the Governor of a State'';
(9) in subsection (f), as so redesignated, by striking
``and the Secretary of Homeland Security'' and inserting ``,
the Secretary of Homeland Security, or the Governor of the
State to which such aircraft is transferred using only State
funds''; and
(10) by adding at the end the following new subsection:
``(g) Reporting.--Not later than December 1, 2022, and annually
thereafter, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on aircraft transferred, during the fiscal year preceding the date of
such report, to--
``(1) the Secretary of Agriculture, the Secretary of
Homeland Security, or the Governor of a State under this
section;
``(2) the chief executive officer of a State under section
112 of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81; 125 Stat. 1318); or
``(3) the Secretary of the Air Force or the Secretary of
Agriculture under section 1098 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127
Stat. 881).''.
SEC. 1061. COMBATANT COMMAND RISK ASSESSMENT FOR AIRBORNE INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE.
(a) In General.--Not later than 90 days after the date on which the
Secretary of Defense submits to Congress the materials in support of
the budget for any fiscal year, or the date on which any of the
military departments otherwise proposes to retire or otherwise divest
any airborne intelligence, surveillance, and reconnaissance
capabilities, the Vice Chairman of the Joint Chiefs of Staff, in
coordination with the commanders of each of the geographic combatant
commands, shall submit to the congressional defense committees a report
containing an assessment of the level of operational risk to each such
command posed by the proposed retirement or divestment with respect to
the capability of the command to meet near-, mid-, and far-term
contingency and steady-state requirements against adversaries in
support of the objectives of the national defense strategy under
section 113(g) of title 10, United States Code.
(b) Risk Assessment.--In assessing levels of operational risk for
the purposes of subsection (a), the Vice Chairman and the commanders of
the geographic combatant commands shall use the military risk matrix of
the Chairman of the Joint Chiefs of Staff, as described in CJCS
Instruction 3401.01E, or any successor instruction.
(c) Geographic Combatant Command.--In this section, the term
``geographic combatant command'' means any of the following:
(1) United States European Command.
(2) United States Indo-Pacific Command.
(3) United States Africa Command.
(4) United States Southern Command.
(5) United States Northern Command.
(6) United States Central Command.
(d) Termination.--The requirement to submit a report under this
section shall terminate on the date that is five years after the date
of the enactment of this Act.
SEC. 1062. STUDY ON MILITARY TRAINING ROUTES AND SPECIAL USE AIR SPACE
NEAR WIND TURBINES.
(a) Study and Report.--
(1) In general.--The Secretary of Defense shall seek to
enter into an agreement with a federally funded research and
development center to conduct a study to identify low-level
military training routes and special use airspace that may be
used by the Department of Defense to conduct realistic training
over and near wind turbines.
(2) Elements.--As part of the study under paragraph (1),
the federally funded research and development center that
conducts the study shall--
(A) identify and define the requirements for
military airspace that may be used for the training
described in paragraph (1), taking into consideration--
(i) the operational and training needs of
the Armed Forces; and
(ii) the threat environments of adversaries
of the United States, including the People's
Republic of China;
(B) identify possibilities for combining live,
virtual, and constructive flight training near wind
projects, both onshore and offshore;
(C) describe the airspace inventory required for
low-level training proficiency given current and
projected force structures;
(D) provide recommendations for redesigning and
properly sizing special use air space and military
training routes to combine live and synthetic training
in a realistic environment;
(E) describe ongoing research and development
programs being utilized to mitigate effects of wind
turbines on low-level training routes; and
(F) identify current training routes affected by
wind turbines, any previous training routes that are no
longer in use because of wind turbines, and any
training routes projected to be lost due to wind
turbines.
(3) Consultation.--In carrying out paragraph (1), the
Secretary of Defense shall consult with--
(A) the Under Secretary of Defense for Personnel
and Readiness;
(B) the Department of Defense Policy Board on
Federal Aviation; and
(C) the Federal Aviation Administration.
(4) Submittal to dod.--
(A) In general.--Not later than one year after the
date of the enactment of this Act, the federally funded
research and development center that conducts the study
under paragraph (1) shall submit to the Secretary of
Defense a report on the results of the study.
(B) Form.--The report under paragraph (1) shall be
submitted in unclassified form but may include a
classified annex.
(5) Submittal to congress.--Not later than 60 days after
the date on which the Secretary of Defense receives the report
under paragraph (4), the Secretary shall submit to the
appropriate congressional committees an unaltered copy of the
report together with any comments the Secretary may have with
respect to the report.
(b) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The congressional defense committees.
(B) The Committee on Transportation and
Infrastructure of the House of Representatives.
(C) The Committee on Commerce, Science, and
Transportation of the Senate.
(2) The term ``affected by wind turbines'' means a
situation in which the presence of wind turbines in the area of
a low-level military training route or special use airspace--
(A) prompted the Department of Defense to alter a
testing and training mission or to reduce previously
planned training activities; or
(B) prevented the Department from meeting testing
and training requirements.
SEC. 1063. ANNUAL REPORTS ON SAFETY UPGRADES TO THE HIGH MOBILITY
MULTIPURPOSE WHEELED VEHICLE FLEETS.
(a) Annual Reports.--Not later than March 1, 2023, and annually
thereafter until the date specified in subsection (c), the Secretaries
of the Army, Navy, and Air Force shall each submit to the Committees on
Armed Services of the Senate and House of Representatives a report on
the installation of safety upgrades to the high mobility multipurpose
wheeled vehicle fleets under the jurisdiction of the Secretary
concerned, including anti-lock brakes, electronic stability control,
and fuel tanks.
(b) Matters for Inclusion.--Each report required under subsection
(a) shall include, for the year covered by the report, each of the
following:
(1) The total number of safety upgrades necessary for the
high mobility multipurpose wheeled vehicle fleets under the
jurisdiction of the Secretary concerned.
(2) The total cumulative number of such upgrades completed
prior to the year covered by the report.
(3) A description of any such upgrades that were planned
for the year covered by the report.
(4) A description of any such upgrades that were made
during the year covered by the report and, if the number of
such upgrades was less than the number of upgrades planned for
such year, an explanation of the variance.
(5) If the total number of necessary upgrades has not been
made, a description of the upgrades planned for each year
subsequent to the year covered by the report.
(c) Termination.--No report shall be required under this section
after March 1, 2026.
SEC. 1064. DEPARTMENT OF DEFENSE DELAYS IN PROVIDING COMMENTS ON
GOVERNMENT ACCOUNTABILITY OFFICE REPORTS.
(a) Reports Required.--Not later than 180 days after the date of
the enactment of this Act, and once every 180 days thereafter until the
date that is 2 years after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to the
congressional defense committees a report on the extent to which the
Department of Defense provided comments and sensitivity and security
reviews (for drafts tentatively identified as containing controlled
unclassified information or classified information) in a timely manner
and in accordance with the protocols of the Government Accountability
Office during the 180-day period preceding the date of the submittal of
the report.
(b) Requirements for GAO Report.--Each report under subsection (a)
shall include the following information for the period covered by the
report:
(1) The number of draft Government Accountability Office
reports for which the Government Accountability Office
requested comments from the Department of Defense, including an
identification of the reports for which a sensitivity or
security review was requested (separated by reports potentially
containing only controlled unclassified information and reports
potentially containing classified information) and the reports
for which such a review was not requested.
(2) The median and average number of days between the date
of the request for Department of Defense comments and the
receipt of such comments.
(3) The average number of days between the date of the
request for a Department of Defense sensitivity or security
review and the receipt of the results of such review.
(4) In the case of any such draft report for which the
Department of Defense failed to provide such comments or review
within 30 days of the request for such comments or review--
(A) the number of days between the date of the
request and the receipt of such comments or review; and
(B) a unique identifier, for purposes of
identifying the draft report.
(5) In the case of any such draft report for which the
Government Accountability Office provided an extension to the
Department of Defense--
(A) whether the Department provided the comments or
review within the time period of the extension; and
(B) a unique identifier, for purposes of
identifying the draft report.
(6) Any other information the Comptroller General
determines appropriate.
(c) DOD Responses.--Not later than 30 days after the Comptroller
General submits a report under subsection (a), the Secretary of Defense
shall submit to the congressional defense committees a response to such
report that includes each of the following:
(1) An identification of factors that contributed to any
delays identified in the report with respect to Department of
Defense comments and sensitivity or security reviews requested
by the Government Accountability Office.
(2) A description of any actions the Department of Defense
has taken or plans to take to address such factors.
(3) A description of any improvements the Department has
made in the ability to track timeliness in providing such
comments and sensitivity or security reviews.
(4) Any other information the Secretary determines relevant
to the information contained in the report submitted by the
Comptroller General.
SEC. 1065. JUSTIFICATION FOR TRANSFER OR ELIMINATION OF CERTAIN FLYING
MISSIONS.
Prior to the relocation or elimination of any flying mission that
involves 50 personnel or more assigned to a unit performing that
mission, either with respect to an active or reserve component of a
military department, the Secretary of Defense shall submit to the
congressional defense committees a report describing the justification
of the Secretary for the decision to relocate or eliminate such flying
mission. Such report shall include each of the following:
(1) A description of how the decision supports the national
defense strategy, the national military strategy, the North
American Aerospace Defense Command strategy, and other relevant
strategies.
(2) A specific analysis and metrics supporting such
decision.
(3) An analysis and metrics to show that the elimination or
relocation of the flying mission would not negatively affect
broader mission sets, such as the homeland defense mission.
(4) A plan for how the Department of Defense intends to
fulfill or continue to meet the mission requirements of the
eliminated or relocated flying mission.
(5) An assessment of the effect of the elimination or
relocation on the national defense strategy, the national
military strategy, the North American Aerospace Defense Command
strategy, and broader mission sets, such as the homeland
defense mission.
(6) An analysis and metrics to show that the elimination or
relocation of the flying mission and its secondary and tertiary
impacts would not degrade capabilities and readiness of the
Joint Force.
(7) An analysis and metrics to show that the elimination or
relocation of the flying mission would not negatively affect
the continental United States national airspace system.
SEC. 1066. REPORTS ON UNITED STATES MILITARY FORCE PRESENCE IN EUROPE.
(a) Report on United States Military Force Posture and Resourcing
Requirements in Europe.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
containing an assessment of the United States military force
posture requirements for the United States European Command to
support the following objectives:
(A) Implementation of the national defense strategy
under section 113(g) of title 10, United States Code,
with respect to the area of responsibility of the
United States European Command.
(B) Fulfillment of the commitments of the United
States to NATO operations, missions, and activities, as
modified and agreed upon at the 2022 Madrid Summit.
(C) Reduction of the risk of executing the
contingency plans of the Department of Defense.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) For the Army, the Navy, the Air Force, the
Marine Corps, and the Space Force and for each
warfighting domain, a description of the force
structure and posture of assigned and allocated forces
in Europe, including consideration of the balance of
permanently stationed forces and forces rotating from
the United States, to support the objectives described
in paragraph (1).
(B) An assessment of the military training and all
domain exercises to support such objectives,
including--
(i) training and exercises on
interoperability; and
(ii) joint activities with allies and
partners.
(C) An assessment of logistics requirements,
including personnel, equipment, supplies, pre-
positioned storage, host country support and
agreements, and maintenance needs, to support such
objectives.
(D) An identification of required infrastructure,
facilities, and military construction investments to
support such objectives.
(E) A description of the requirements for United
States European Command integrated air and missile
defense throughout the area of responsibility of the
United States European Command.
(F) An assessment of United States security
cooperation activities and resources required to
support such objectives.
(G) A detailed assessment of the resources
necessary to address the elements described in
subparagraphs (A) through (F), categorized by the
budget accounts for--
(i) procurement;
(ii) research, development, test, and
evaluation;
(iii) operation and maintenance;
(iv) military personnel; and
(v) military construction.
(H) The projected timeline to achieve fulfillment
of each such element.
(I) Any other information the Secretary considers
relevant.
(3) Form.--The report required under paragraph (1) may be
submitted in classified form, but, if so, it shall include an
unclassified summary.
(b) Quarterly Reports on Expenditures for Planning and Design of
Infrastructure to Support Permanent United States Force Presence on
Europe's Eastern Flank.--
(1) In general.--The Commander of United States European
Command shall submit to the congressional defense committees
quarterly reports on the use of the funds described in
paragraph (3) until the date on which all such funds are
expended.
(2) Contents.--Each report required under paragraph (1)
shall include an expenditure plan for the establishment of
infrastructure to support a permanent United States force
presence in the covered region.
(3) Funds described.--The funds described in this paragraph
are the amounts authorized to be appropriated or otherwise made
available for fiscal year 2023 for--
(A) Operation and Maintenance, Air Force, for
Advanced Planning for Infrastructure to Support
Presence on NATO's Eastern Flank;
(B) Operation and Maintenance, Army, for Advanced
Planning for Infrastructure to Support Presence on
NATO's Eastern Flank; and
(C) Military Construction, Defense-wide, Planning &
Design: EUCOM-Infrastructure to Support Presence on
NATO's Eastern Flank.
(D) Military Construction, Defense-wide, Exercise-
related Minor Construction: EUCOM.
(4) Covered region.--In this subsection, the term ``covered
region'' means Romania, Poland, Lithuania, Latvia, Estonia,
Hungary, Bulgaria, the Czech Republic, and Slovakia.
SEC. 1067. REPORT ON DEPARTMENT OF DEFENSE PRACTICES REGARDING
DISTINCTION BETWEEN COMBATANTS AND CIVILIANS IN UNITED
STATES MILITARY OPERATIONS.
(a) Report.--The Civilian Protection Center of Excellence of the
Department of Defense, as established under section 184 of title 10,
United States Code, as added by section 1082 of this Act, shall seek to
enter into an agreement with an appropriate federally funded research
and development center to develop an independent report on Department
of Defense practices regarding distinguishing between combatants and
civilians in United States military operations.
(b) Elements.--The report required under subsection (a) shall
include the following matters:
(1) A description of how the Department of Defense has
differentiated between combatants and civilians in both ground
and air operations since 2001, including in Afghanistan, Iraq,
Syria, Somalia, Libya, and Yemen, including--
(A) relevant policy and legal standards and how
these standards were implemented in practice; and
(B) target engagement criteria.
(2) A description of how the Department of Defense has
differentiated between combatants and civilians when assessing
allegations of civilian casualties since 2001, including in
Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen,
including--
(A) relevant policy and legal standards and the
factual indicators these standards were applied to in
assessing claims of civilian casualties; and
(B) any other matters the Secretary of Defense
determines appropriate.
(c) Submission of Report.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report setting forth an
unaltered copy of the federally funded research and development center
assessment required under this section, together with the views of the
Secretary on the assessment.
(d) Definition of United States Military Operation.--In this
section, the term ``United States military operations'' includes any
mission, strike, engagement, raid, or incident involving the United
States Armed Forces.
SEC. 1068. REPORT ON STRATEGY AND IMPROVEMENT OF COMMUNITY ENGAGEMENT
EFFORTS OF ARMED FORCES IN HAWAII.
(a) In General.--In an effort to better meet the future force
posture needs within the Indo-Pacific area of responsibility, the
Commander of the United States Indo-Pacific Command, in collaboration
with the Assistant Secretary of Defense for Energy, Installations, and
Environment, installation commanders, and the relevant theater
component commanders, shall--
(1) develop and implement a holistic strategy to--
(A) improve, standardize, and coordinate the
engagement efforts of the military with the local
community in Hawaii; and
(B) effectively communicate with such community for
the purpose of enhancing readiness; and
(2) enhance coordinated community engagement efforts (as
described in section 587 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81)) in Hawaii.
(b) Report Required.--Not later than one year after the date of the
enactment of this Act, the Commander shall submit to the congressional
defense committees a report on the strategy and enhanced engagement
efforts implemented pursuant to subsection (a). Such report shall
include each of the following:
(1) The plan of the Commander for conducting education and
training programs relating to consultation and engagement with
the local and native Hawaiian community, including--
(A) a description of the outreach activities
conducted during fiscal years 2023 and 2024; and
(B) a description of the extent to which members of
the local and native Hawaiian community have been
involved in development of curricula, tentative dates,
locations, required attendees, and topics for the
education and training programs.
(2) A list of all local and native Hawaiian community
groups involved or expected to be consulted in the process of
updating Department of Defense Instruction 4710.03 (or any
successor document).
(3) Recommendations for improving Department of Defense
Instruction 4710.03 to reflect best practices and provide
continuity across the military departments with respect to the
practices, policies, training, and personnel related to
consultation with the local and native Hawaiian community.
(4) A timeline for issuing the next update or successor
document to Department of Defense Instruction 4710.03.
(5) Recommendations for the enhancement and expansion of--
(A) Department of Defense education and training
programs relating to consultation and engagement with
the local and Native Hawaiian community; and
(B) outreach activities for all commands and
installations in Hawaii.
(c) Theater Component Commander.--In this section, the term
``theater component commander'' has the meaning given such term in
section 1513(8) of title 10, United States Code.
SEC. 1069. REPORT ON DEPARTMENT OF DEFENSE MILITARY CAPABILITIES IN THE
CARIBBEAN.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of State and the Secretary of Homeland Security, shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report on United States military posture and
capabilities in the Caribbean basin, particularly in and around Puerto
Rico and the United States Virgin Islands.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment of United States military force posture
and capabilities in the Caribbean basin.
(2) An assessment of the feasibility, desirability, and
cost of increasing United States military posture and
capabilities in the Caribbean basin to--
(A) enhance access and influence and provide
forward-deployed capabilities to effectively implement
the national defense strategy and support strategic
competition with China and Russia;
(B) ensure, to the greatest extent possible, that
United States Northern Command and United States
Southern Command have the necessary assets to support
the defense of the United States homeland;
(C) confront the threats posed by transnational
criminal organizations and illicit trafficking in the
Caribbean basin, including by supporting interagency
partners in disrupting and degrading illicit
trafficking into the United States;
(D) improve surveillance capabilities and maximize
the effectiveness of counter-trafficking operations in
the Caribbean region;
(E) ensure, to the greatest extent possible, that
United States Northern Command and United States
Southern Command have the assets necessary to detect,
interdict, disrupt, or curtail illicit narcotics and
weapons trafficking activities within their respective
areas of operations in the Caribbean basin;
(F) respond to malign influences of foreign
governments, particularly including non-market
economies, in the Caribbean basin that harm United
States national security and regional security
interests in the Caribbean basin and in the Western
Hemisphere; and
(G) strengthen the ability of the security sector
of partner nations in the Caribbean basin to respond
to, and become more resilient in the face of, major
humanitarian or natural disasters, including to ensure
critical infrastructure and ports can come back online
rapidly following disasters.
(c) Form of Report.--The report required under subsection (a) shall
be submitted in unclassified form without any designation relating to
dissemination control, but may include a classified annex.
SEC. 1070. QUARTERLY BRIEFINGS ON DEPARTMENT OF DEFENSE SUPPORT FOR
CIVIL AUTHORITIES TO ADDRESS IMMIGRATION AT THE SOUTHWEST
BORDER.
Not later than 30 days after the date of the enactment of this Act,
and every 90 days thereafter through December 31, 2024, the Assistant
Secretary of Defense for Homeland Defense or another Assistant
Secretary of Defense, as appropriate, shall provide an unclassified
briefing to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives, with a
classified component, if necessary, regarding--
(1) Department of Defense planning to address current and
anticipated border support mission requirements as part of the
Department of Defense's annual planning, programming,
budgeting, and execution process;
(2) any Department of Defense risk assessment with respect
to the safety of Department of Defense personnel conducted in
evaluating any request for assistance from the Department of
Homeland Security during the quarter covered by the briefing;
(3) any Department of Defense efforts, or updates to
existing efforts, to cooperate with Mexico with respect to
border security;
(4) the type of support that is currently being provided by
the Department of Defense along the southwest border of the
United States;
(5) the effect of such efforts and support on National
Guard readiness; and
(6) any recommendations of the Department of Defense
regarding the modification of the support provided by the
Department of Defense to the Department of Homeland Security at
the southwest border.
SEC. 1071. ANNUAL REPORT ON PROCUREMENT OF EQUIPMENT BY STATE AND LOCAL
GOVERNMENTS THROUGH THE DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense, in coordination with the
Administrator of General Services, shall submit to the Committees on
Armed Services of the Senate and House of Representatives an annual
report that includes current information on the purchase of equipment
under the procedures established under section 281(a) of title 10,
United States Code, and the recipients of such equipment.
(b) Matters for Inclusion.--Each report under subsection (a) shall
include the following for the year covered by the report:
(1) The catalog of equipment available for purchase under
subsection (c) of section 281 of title 10, United States Code.
(2) For each purchase of equipment under the procedures
established under subsection (a) of such section--
(A) the recipient State or unit of local
government;
(B) the type of equipment;
(C) the cost of the equipment; and
(D) the administrative costs under subsection (b)
of such section.
(3) Such other information the Secretary determines is
necessary.
(c) Termination.--The requirement to submit a report under
subsection (a) shall terminate on the date that is five years after the
date of the enactment of this Act.
SEC. 1072. BRIEFING ON FINANCIAL OVERSIGHT OF CERTAIN EDUCATIONAL
INSTITUTIONS RECEIVING DEPARTMENT OF DEFENSE FUNDS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a briefing on
the methods used to assess the eligibility of educational institutions
for the receipt of payments under the payment method described in
section 668.162(d) of title 34, Code of Federal Regulations (as in
effect on the date of the enactment of this Act).
SEC. 1073. REPORT ON EFFECTS OF CERTAIN ETHICS REQUIREMENTS ON
DEPARTMENT OF DEFENSE HIRING, RETENTION, AND OPERATIONS.
(a) Study.--
(1) In general.--The Secretary of Defense shall seek to
enter into an agreement with a federally funded research and
development center under which the center shall conduct a study
to assess whether the covered ethics requirements have had an
effect on--
(A) the hiring or retention of personnel at the
Department of Defense, particularly those persons with
specialized experience or training; and
(B) the ability of the Department of Defense to
detect, deter, prevent, and redress violations of the
Standards of Ethical Conduct for Employees of the
Executive Branch and applicable statutory and
regulatory ethics requirements, including conflicts of
interest, by Department of Defense personnel.
(2) Elements.--A study conducted pursuant to paragraph (1)
shall include the following elements:
(A) An examination of how the covered ethics
requirements are inconsistent or incongruent with
ethics statutes, and any implementing regulations, that
apply to all executive branch employees.
(B) An examination of the relative degrees of risk
associated with the potential for violations of ethical
standards at the Department of Defense and those
associated with the potential for such violations at
other Federal agencies, and an analysis of whether
ethical standards that are applied exclusively to
Department of Defense personnel are justified.
(C) An examination of how covered ethics
requirements have affected, or are likely to affect,
the hiring and retention of personnel, particularly
those persons with specialized experience or training,
at the Department of Defense in comparison to other
Federal agencies that are not subject to such
requirements. The examination shall account for any
relevant differences between the Department of Defense
and other Federal departments and agencies within the
executive branch and shall use analytical methods to
control for any variables that may affect the
comparative results.
(D) An examination of how any confusion in the
interpretation of the requirement referred to in
paragraph (3)(B) may have affected, or is likely to
affect--
(i) the hiring or retention of personnel,
particularly those persons with specialized
experience or training, at the Department of
Defense; and
(ii) the ability of the Department of
Defense to detect, deter, prevent, and redress
violations of ethical standards, including
conflicts of interest, by Department of Defense
personnel.
(E) An examination of how the ethics requirements
referred to in subparagraphs (B) and (C) of paragraph
(3) may affect the ability of the Department of Defense
to obtain expertise from industry and other groups in
support of technology development, supply chain
security, and other national security matters.
(F) An examination of whether the removal or
alteration of any covered ethics requirement may
adversely affect the ability of the Department of
Defense to detect, deter, prevent, and redress
violations of ethical standards, including conflicts of
interest, by Department of Defense personnel.
(G) An examination of whether the removal or
alteration of any covered ethics requirement may
adversely affect the ability of the Department of
Defense to negotiate and effectuate arms-length
transactions.
(H) Any suggested changes to any covered ethics
requirement to further the establishment and
maintenance of ethical standards, while also supporting
the ability of the Department of Defense to hire and
retain personnel and obtain expertise from academia,
think tanks, industry, and other groups to support
national security.
(3) Covered ethics requirements.--In this section, the term
``covered ethics requirement'' means each of the requirements
under the following provisions of law:
(A) Section 847 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 10 U.S.C. 1701 note).
(B) Section 1045 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-
91; 10 U.S.C. 971 note prec.).
(C) Section 1117 of the National Defense
Authorization Act for Fiscal Year 2022 (10 U.S.C. 971
note prec.).
(D) Section 988 of title 10, United States Code.
(b) Report.--
(1) In general.--An agreement entered into under subsection
(a) shall provide that the federally funded research and
development center shall submit to the Secretary a report
containing the results of the study conducted under the
agreement by not later than one year after the date of the
enactment of this Act.
(2) Transmittal to congress.--Not later than 30 days after
the Secretary receives the report under paragraph (1), the
Secretary shall transmit a copy of the report to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives.
(3) Secretary of defense evaluation.--The Secretary shall
submit with the report transmitted pursuant to paragraph (2) an
evaluation of each change suggested pursuant to subsection
(a)(2)(H). The evaluation shall include--
(A) a determination of whether the Secretary
concurs with each suggested change;
(B) an assessment of the potential effects of each
suggested change on the ability of the Department of
Defense to hire or retain personnel at the Department
of Defense, particularly those persons with specialized
experience or training;
(C) an assessment of the potential effects of each
suggested change on the ability of the Department of
Defense to detect, deter, prevent, or redress
violations of ethical standards, including conflicts of
interest; and
(D) any other information that the Secretary
determines to be appropriate.
SEC. 1074. JOINT CONCEPT FOR COMPETING.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall develop a Joint
Concept for Competing.
(b) Purposes.--The purposes of the Joint Concept for Competing are
to--
(1) define the roles and missions of the Department of
Defense in long-term strategic competition with specific
competitors;
(2) conceptualize the employment of joint forces
capabilities to deter adversarial military action by strategic
competitors;
(3) describe the manner in which the Department of Defense
will use its forces, capabilities, posture, indications and
warning systems, and authorities to protect United States
national interests in the course of participating in long-term
strategic competition, including through--
(A) departmental efforts to integrate Department of
Defense roles and missions with other instruments of
national power;
(B) security cooperation with partners and allies;
and
(C) operations relating to long-term strategic
competition, particularly below the threshold of
traditional armed conflict;
(4) identify priority lines of effort and assign
responsibility to relevant Armed Forces, combatant commands,
and other elements of the Department of Defense for each
specified line of effort in support of the Joint Concept for
Competing; and
(5) provide means for integrating and continuously
improving the ability of the Department to engage in long-term
strategic competition.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter for
two years, the Secretary of Defense shall submit to the
congressional defense committees a report on the implementation
of the Joint Concept for Competing.
(2) Elements.--Each report required under paragraph (1)
shall include the following elements:
(A) A detailed description of any actions taken by
the Department of Defense relative to the purposes
specified under subsection (b).
(B) An articulation of any new concepts or
strategies necessary to support the Joint Concept for
Competing.
(C) An articulation of any capabilities, resources,
or authorities necessary to implement the Joint Concept
for Competing.
(D) An explanation of the manner in which the Joint
Concept for Competing relates to and integrates with
the Joint Warfighting Concept.
(E) An explanation of the manner in which the Joint
Concept for Competing synchronizes and integrates with
efforts of other departments and agencies of the United
States Government to address long-term strategic
competition.
(F) Any other matters the Secretary of Defense
determines relevant.
SEC. 1075. ANALYSIS OF FEASIBILITY AND ADVISABILITY OF RELOCATING MAJOR
UNITS OF THE UNITED STATES ARMED FORCES TO CERTAIN
EUROPEAN COUNTRIES.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on the feasibility and advisability of
relocating major units of the United States Armed Forces to a covered
country. Such report shall include--
(1) a description of commitments made by a covered country
to provide host nation support, including funding for
construction and maintenance of Department of Defense
facilities and other actions that might reduce costs to the
Department of Defense associated with hosting major units of
the Armed Forces in such covered country;
(2) an estimate of the expenses associated with the
relocation of major units of the Armed Forces from current host
nation locations, as well as a description of any benefits that
would be derived from colocating such units with existing
United States or multinational forces at current host nation
locations;
(3) a description of the extent to which positioning major
units of the Armed Forces in covered countries would provide
greater operational benefit than keeping such units in current
locations, including an analysis of--
(A) the geographic significance of covered
countries;
(B) any capabilities the host nation may offer,
such as air defense or base security or terms under
which the United States may use facilities on their
territory; and
(C) an analysis of the risks associated with the
relocation of such units to covered countries;
(4) a description of any engagements at the Under Secretary
level or higher with an official of a covered country with
respect to anticipated major unit movements in the area of
responsibility of the United States European Command during the
period covered by the future-years defense program most
recently submitted to Congress pursuant to section 221 of title
10, United States Code, including--
(A) a description of the engagement with each
covered country during the calendar year preceding the
calendar during which the report is submitted;
(B) a description of any specific requirements
identified in order to host a major unit; and
(C) in the case of a covered country has been
determined to be unsuitable for hosting a major unit of
the Armed Forces, a description of why it was
determined unsuitable; and
(5) any other matter the Secretary determines is relevant.
(b) Definitions.--In this section:
(1) The term ``covered country'' means Romania, Poland,
Lithuania, Latvia, Estonia, Hungary, Bulgaria, the Czech
Republic, or Slovakia.
(2) The term ``major unit'' means an organizational unit
composed of more than 500 military personnel.
SEC. 1076. REPORT ON EFFECTS OF STRATEGIC COMPETITOR NAVAL FACILITIES
IN AFRICA.
(a) In General.--Not later than May 15, 2023, the Secretary of
Defense shall submit to the congressional defense committees a report
on the effects of current or planned covered naval facilities in Africa
on the interests of the Department of Defense.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) An identification of--
(A) any location in Africa where a covered naval
facility has been established; and
(B) any location in Africa where a covered naval
facility is planned for construction.
(2) A detailed description of--
(A) any agreement entered into between China or
Russia and a country or government in Africa providing
for or enabling the establishment or operation of a
covered naval facility in Africa; and
(B) any efforts by the Department of Defense to
change force posture, deployments, or other activities
in Africa as a result of current or planned covered
naval facilities in Africa.
(3) An assessment of--
(A) the effect that each current covered naval
facility has had on Department of Defense interests in
and around Africa, including Department of Defense
operational plans in the areas of responsibility of
geographic combatant commands other than United States
Africa Command;
(B) the effect that each planned covered naval
facility is expected to have on Department of Defense
interests in and around Africa, including Department of
Defense operational plans in the areas of
responsibility of geographic combatant commands other
than United States Africa Command;
(C) the policy objectives of China and Russia in
establishing current and future covered naval
facilities at the locations identified under paragraph
(1); and
(D) the specific military capabilities supported by
each current or planned covered naval facility.
(c) Form of Report.--The report required under subsection (a) shall
be submitted in unclassified form without any designation relating to
dissemination control, but may include a classified annex.
(d) Definitions.--In this section:
(1) The term ``Africa'' means all countries in the area of
operations of United States Africa Command and Egypt.
(2) The term ``covered naval facility'' means a naval
facility owned, operated, or otherwise controlled by the
People's Republic of China or the Russian Federation.
(3) The term ``naval facility'' means a naval base,
civilian sea port with dual military uses, or other facility
intended for the use of warships or other naval vessels for
refueling, refitting, resupply, force projection, or other
military purposes.
Subtitle G--Other Matters
SEC. 1081. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) The table of chapters at the beginning of subtitle A is
amended by striking the item relating to the second chapter 19
(relating to cyber matters).
(2) Section 113 is amended--
(A) in subsection (l)(2)(F), by inserting a period
after ``inclusion in the armed forces''; and
(B) in subsection (m), by redesignating the second
paragraph (8) as paragraph (9).
(3) The section heading for section 2691 is amended by
striking ``state'' and inserting ``State''.
(4) Section 3014 is amended by striking ``section 4002(a)
or 4003'' and inserting ``section 4021(a) or 4022''.
(5) Section 4423(e) is amended by striking ``section 4003''
and inserting ``section 4022''.
(6) Section 4831(a) is amended by striking ``section 4002''
and inserting ``section 4021''.
(7) Section 4833(c) is amended by striking ``section 4002''
and inserting ``section 4021''.
(b) National Defense Authorization Act for Fiscal Year 2022.--
Effective as of December 27, 2021, and as if included therein as
enacted, section 907(a) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) is amended by striking ``116-283''
and inserting ``115-232''.
(c) National Defense Authorization Act for Fiscal Year 2020.--
Effective as of December 20, 2019, and as if included therein as
enacted, section 905(a)(2) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 391 note) is amended
by inserting a period at the end.
(d) National Defense Authorization Act for Fiscal Year 2014.--
Effective as of December 26, 2013, and as if included therein as
enacted, section 932(c)(2)(D) of the National Defense Authorization Act
for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2224 note) is
amended by striking ``subsection (c)(3)'' and inserting ``paragraph
(3)''.
(e) Automatic Execution of Conforming Changes to Tables of
Sections, Tables of Contents, and Similar Tabular Entries in Defense
Laws.--
(1) Elimination of need for separate conforming
amendment.--Chapter 1 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 102. Effect of certain amendments on conforming changes to
tables of sections, tables of contents, and similar
tabular entries
``(a) Automatic Execution of Conforming Changes.--When an amendment
to a covered defense law adds a section or larger organizational unit
to the covered defense law, repeals or transfers a section or larger
organizational unit in the covered defense law, or amends the
designation or heading of a section or larger organizational unit in
the covered defense law, that amendment also shall have the effect of
amending any table of sections, table of contents, or similar tabular
entries in the covered defense law to alter the table to conform to the
changes made by the amendment.
``(b) Exceptions.--Subsection (a) shall not apply to an amendment
described in such subsection when--
``(1) the amendment or a clerical amendment enacted at the
same time expressly amends a table of sections, table of
contents, or similar tabular entries in the covered defense law
to alter the table to conform to the changes made by the
amendment; or
``(2) the amendment otherwise expressly exempts itself from
the operation of this section.
``(c) Covered Defense Law.--In this section, the term `covered
defense law' means--
``(1) this title;
``(2) titles 32 and 37;
``(3) any national defense authorization Act that
authorizes funds to be appropriated for a fiscal year to the
Department of Defense; and
``(4) any other law designated in the text thereof as a
covered defense law for purposes of application of this
section.''.
(2) Conforming amendment.--The heading of chapter 1 of
title 10, United States Code, is amended to read as follows:
``CHAPTER 1--DEFINITIONS, RULES OF CONSTRUCTION, CROSS REFERENCES, AND
RELATED MATTERS''.
(3) Application of amendment.--Section 102 of title 10,
United States Code, as added by paragraph (1), shall apply to
the amendments made by this section and other amendments made
by this Act.
(f) Coordination With Other Amendments Made by This Act.--For
purposes of applying amendments made by provisions of this Act other
than this section, the amendments made by this section shall be treated
as having been enacted immediately before any such amendments by other
provisions of this Act.
SEC. 1082. DEPARTMENT OF DEFENSE CIVILIAN PROTECTION CENTER OF
EXCELLENCE.
(a) Civilian Protection Center of Excellence.--
(1) In general.--Chapter 7 of title 10, United States Code,
is amended by inserting after section 183a the following new
section:
``Sec. 184. Civilian Protection Center of Excellence
``(a) Establishment.--The Secretary of Defense shall operate the
Civilian Protection Center of Excellence. The purpose of the Center
shall be to--
``(1) serve as the focal point for matters related to
civilian casualties and other forms of civilian harm resulting
from military operations involving the United States Armed
Forces; and
``(2) institutionalize and advance knowledge, practices,
and tools for preventing, mitigating, and responding to
civilian harm.
``(b) Purpose.--The Center shall be used to--
``(1) develop standardized civilian-harm operational
reporting and data management processes to improve data
collection, sharing, and learning across the Department of
Defense;
``(2) develop, recommend, and review guidance, and the
implementation of guidance, on how the Department responds to
civilian harm;
``(3) develop recommended guidance for addressing civilian
harm across the full spectrum of armed conflict and for use in
doctrine and operational plans;
``(4) recommend training and exercises for the prevention
and investigation of civilian harm;
``(5) develop a repository of civilian casualty and
civilian harm information;
``(6) capture lessons learned from assessments and
investigations of civilian casualty incidents and supporting
institutionalization of such lessons learned within policy,
doctrine, training, exercises, and tactics, techniques, and
procedures of the Department of Defense;
``(7) support the coordination and synchronization of
efforts across combatant commands, the Department of State, and
other relevant United States Government departments and
agencies to prevent, mitigate, and respond to incidents of
civilian harm;
``(8) engage with nongovernmental organizations and
civilian casualty experts; and
``(9) perform such other functions as the Secretary of
Defense may specify.
``(c) Annual Report.--The Secretary of Defense shall submit to the
congressional defense committees, and make publicly available on an
appropriate website of the Department, an annual report on the
activities of the Center.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 183a the following new item:
``184. Civilian Protection Center of Excellence.''.
(b) Deadline for Establishment.--The Civilian Protection Center of
Excellence, as required under section 184 of title 10, United States
Code, as added by subsection (a), shall be established by not later
than 90 days after the date of the enactment of this Act.
(c) Report to Congress.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the establishment of such
Civilian Protection Center of Excellence.
SEC. 1083. RONALD V. DELLUMS MEMORIAL FELLOWSHIP IN STEM.
Section 4093(f) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) In coordination with the efforts under paragraph (2), the
Secretary of Defense shall additionally establish a program, which
shall be known as the `Ronald V. Dellums Memorial Fellowship in STEM',
to provide financial assistance under this section to at least 30
students from communities that are underrepresented in the Department
of Defense STEM workforce, not fewer of 50 percent of whom shall attend
historically Black colleges and universities and minority-serving
institutions. As part of such program, the Secretary shall establish an
internship program that provides each student who is awarded a
fellowship under this paragraph with an internship in an organization
or element of the Department of Defense, and to the extent practicable,
each such student shall be paired with a mid-level or a senior-level
official of the relevant organization or element of the Department of
Defense who shall serve as a mentor during the internship.''.
SEC. 1084. AMENDMENT TO MEMORIAL FOR MEMBERS OF THE ARMED FORCES KILLED
IN ATTACK ON HAMID KARZAI INTERNATIONAL AIRPORT.
Section 1087 of National Defense Authorization Act for Fiscal Year
2022 (40 U.S.C. 8903 note) is amended by striking ``The Secretary of
Defense may'' and inserting ``The Secretary of Defense shall, not later
than 1 year after the date of enactment of the National Defense
Authorization Act for Fiscal Year 2023,''.
SEC. 1085. PUBLIC AVAILABILITY OF COST OF CERTAIN MILITARY OPERATIONS.
Section 1090 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328) is amended--
(1) by inserting ``(a) Publication of Information.--''
before ``The Secretary of Defense'';
(2) by striking ``of each of the wars in Afghanistan, Iraq,
and Syria.'' and inserting ``of any contingency operation
conducted by the United States Armed Forces on or after
September 18, 2001.''; and
(3) by adding at the end the following new subsections:
``(b) Display of Information.--The information required to be
posted under subsection (a) shall, to the extent practicable--
``(1) be posted directly on the website of the Department
of Defense, in an accessible and clear format;
``(2) include corresponding documentation as links or
attachments; and
``(3) include, for each contingency operation, a list of
countries where the contingency operation has taken place.
``(c) Updates.--The Secretary shall ensure that all the information
required to be posted under subsection (a) is updated by not later than
90 days after the last day of each fiscal year.
``(d) Contingency Operation Defined.--In this section, the term
`contingency operation' has the meaning given such term in section
101(a)(13) of title 10, United States Code.''.
SEC. 1086. COMBATING MILITARY RELIANCE ON RUSSIAN ENERGY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) reliance on Russian energy poses a critical challenge
for national security activities in the area of responsibility
of the United States European Command; and
(2) in order to reduce the vulnerability of United States
military facilities to disruptions caused by reliance on
Russian energy, the Department of Defense should establish and
implement plans to reduce reliance on Russian energy for all
main operating bases in the area of responsibility of the
United States European Command.
(b) Eliminating Use of Russian Energy.--It shall be the goal of the
Department of Defense to eliminate the use of Russian energy on each
main operating base in the area of responsibility of the United States
European Command by not later than five years after the date of the
completion of an installation energy plan for such base, as required
under this section.
(c) Installation Energy Plans for Main Operating Bases.--
(1) Identification of installations.--Not later than June
1, 2023, the Secretary of Defense shall submit to the
congressional defense committees a list of main operating bases
within the area of responsibility of the United States European
Command ranked according to mission criticality and
vulnerability to energy disruption.
(2) Submittal of plans.--Not later than 12 months after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees--
(A) an installation energy plan for each main
operating base on the list submitted under paragraph
(1); and
(B) an assessment of the feasibility of reaching
the goal for the elimination of the use of Russian
energy pursuant to subsection (b) on that base,
including--
(i) a description of the steps that would
be required to meet such goal; and
(ii) an analysis of the effects such steps
would have on the national security of the
United States.
(d) Content of Plans.--Each installation energy plan for a main
operating base shall include each of the following with respect to that
base:
(1) An assessment of the energy resilience requirements,
resiliency gaps, and energy-related cybersecurity requirements
of the base, including with respect to operational technology,
control systems, and facilities-related control systems.
(2) An identification of investments in technology required
to improve energy resilience, reduce demand, strengthen energy
conservation, and support mission readiness.
(3) An identification of investments in infrastructure,
including microgrids, required to strengthen energy resilience
and mitigate risk due to grid disturbance.
(4) Recommendations related to opportunities for the use of
renewable energy, clean energy, nuclear energy, and energy
storage projects to reduce dependence on natural gas.
(5) An assessment of how the requirements and
recommendations included pursuant to paragraphs (2) through (4)
interact with the energy policies of the country where the base
is located, both at present and into the future.
(e) Implementation of Plans.--
(1) Deadline for implementation.--Not later than 30 days
after the date on which the Secretary submits an installation
energy plan for a base under subsection (c)(2), the Secretary
shall--
(A) begin implementing the plan; and
(B) provide to the congressional defense committees
a briefing on the contents of the plan and the strategy
of the Secretary for implementing the mitigation
measures identified in the plan.
(2) Prioritization of certain projects.--In implementing an
installation energy plan for a base under this section, the
Secretary shall prioritize projects requested under section
2914 of title 10, United States Code, to mitigate assessed
risks and improve energy resilience, energy security, and
energy conservation at the base.
(3) Nonapplication of certain other authorities.--
Subsection (d) of section 2914 of title 10, United States Code,
shall not apply with respect to any project carried out
pursuant to this section or pursuant to an installation energy
plan for a base under this section.
(f) Policy for Future Bases.--The Secretary of Defense shall
establish a policy to ensure that any new military base in the area of
responsibility of the United States European Command is established in
a manner that proactively includes the consideration of energy
security, energy resilience, and mitigation of risk due to energy
disruption.
(g) Annual Congressional Briefings.--The Secretary of Defense shall
provide to the congressional defense committees annual briefings on the
installation energy plans required under this section. Such briefings
shall include an identification of each of the following:
(1) The actions each main operating base is taking to
implement the installation energy plan for that base.
(2) The progress that has been made toward reducing the
reliance of United States bases on Russian energy.
(3) The steps being taken and planned across the future-
years defense program to meet the goal of eliminating reliance
on Russian energy.
SEC. 1087. ESTABLISHMENT OF JOINT FORCE HEADQUARTERS IN AREA OF
OPERATIONS OF UNITED STATES INDO-PACIFIC COMMAND.
(a) Establishment.--Not later than October 1, 2024, the Secretary
of Defense shall establish a joint force headquarters in the area of
operations of United States Indo-Pacific Command, in accordance with
the implementation plan required under subsection (b).
(b) Implementation Plan and Establishment of Joint Force
Headquarters.--
(1) Implementation plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees an
implementation plan for the establishment of a joint force
headquarters in the area of operations of United States Indo-
Pacific Command to serve as an operational command. Such plan
shall include--
(A) the integration of joint all domain command and
control effects chains and mission command and control,
including in conflicts that arise with minimal warning;
(B) the integration of the capabilities of Assault
Breaker II, developed by the Defense Advanced Research
Projects Agency, and related developmental efforts as
they transition to operational deployment;
(C) the exercise of other joint all domain command
and control capabilities and functions; and
(D) such other missions and operational tasks as
the Secretary determines appropriate.
(2) Elements.--The plan required by paragraph (1) shall
include each of the following with respect to the joint force
headquarters to be established:
(A) A description of the operational chain of
command.
(B) An identification of the manning and resourcing
required, relative to assigned missions, particularly
the sources of personnel required.
(C) A description of the mission and lines of
effort.
(D) A description of the relationship with existing
entities in United States Indo-Pacific Command,
including an assessment of complementary and
duplicative activities with such entities and the joint
force headquarters.
(E) An identification of supporting infrastructure
required.
(F) Such other matters as the Secretary considers
appropriate.
(c) Support for Joint Force Headquarters.--The commander of the
joint force headquarters established under this section shall be
supported by the United States Indo-Pacific Command subordinate unified
commands, subordinate component commands, standing joint task force,
and the Armed Forces.
(d) Annual Report Required.--
(1) In general.--Not later than one year after the date of
the establishment of the joint force headquarters required
under subsection (a), and not less frequently than once each
year thereafter until December 31, 2028, the Secretary of
Defense shall submit to the congressional defense committees an
annual report on the joint force headquarters established under
this section.
(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
(A) A description of the mission and lines of
effort of the joint force headquarters.
(B) An accounting of the personnel and other
resources supporting the joint force headquarters,
including support external to the headquarters.
(C) A description of the operational chain of
command of the joint force headquarters.
(D) An assessment of the manning and resourcing of
the joint force headquarters, relative to assigned
missions.
(E) A description of the relationship with existing
entities in Indo-Pacific Command, including an
assessment of complementary and duplicative activities
with such entities and the joint force headquarters.
(3) Form.--Each report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 1088. NATIONAL TABLETOP EXERCISE.
(a) Requirement.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall conduct a
tabletop exercise designed to assess the resiliency of United States
domestic critical infrastructure supporting United States military
requirements in the event of a military contingency involving Taiwan.
(b) Elements.--A tabletop exercise under this section shall be
designed to evaluate the following elements:
(1) The resilience of domestic critical infrastructure and
logistical chokepoints necessary for the United States Armed
Forces to respond to a contingency involving Taiwan, including
an assessment of the mobility of the United States Armed Forces
in the event of attacks upon such infrastructure.
(2) Federal Government response options to ensure the
viability of domestic critical infrastructure in the event of a
military contingency involving Taiwan.
(3) The ability of the United States Armed Forces, with the
armed forces of United States allies and partners, to resist
any resort to force or other form of coercion by an aggressor
in the event of a military contingency involving Taiwan, if
domestic critical infrastructure is compromised.
(4) The importance of nonmilitary actions, including
economic and financial measures, by the United States, with
United States allies and partners, to deter and, if necessary,
respond to a contingency involving Taiwan.
(c) Consultation Requirement.--In carrying out this section, the
Secretary shall consult with the heads of other appropriate Federal
departments and agencies, as the Secretary determines appropriate.
(d) Briefing.--
(1) In general.--Not later than 90 days after the date on
which a tabletop exercise is conducted under this section, the
Secretary shall provide to the appropriate congressional
committees a briefing on the exercise.
(2) Contents.--A briefing under paragraph (1) shall
include--
(A) an assessment of the decision-making,
capability, and response gaps observed in the tabletop
exercise; and
(B) recommendations to improve the resiliency of,
and reduce vulnerabilities in, the domestic critical
infrastructure of the United States in the event of a
military contingency involving Taiwan.
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Oversight and
Reform of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on Homeland
Security and Government Affairs of the Senate.
(2) The term ``tabletop exercise'' means an activity--
(A) in which key personnel assigned high-level
roles and responsibilities are gathered to deliberate
various simulated emergency or rapid response
situations; and
(B) that is designed to be used to assess the
adequacy of plans, policies, procedures, training,
resources, and relationships or agreements that guide
prevention of, response to, and recovery from a defined
event.
SEC. 1089. PERSONNEL SUPPORTING THE OFFICE OF THE ASSISTANT SECRETARY
OF DEFENSE FOR SPECIAL OPERATIONS AND LOW INTENSITY
CONFLICT.
(a) Plan Required.--Not later than 30 days after the date of the
completion of the manpower study required by the Joint Explanatory
Statement accompanying the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81), the Secretary of Defense shall
submit to the congressional defense committees a plan for adequately
staffing the Office of the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict to fulfill the requirements of
section 138(b)(2)(A)(i) of title 10, United States Code, for exercising
authority, direction, and control of all special-operations peculiar
administrative matters relating to the organization, training, and
equipping of special operations forces.
(b) Additional Information.--The Secretary shall ensure the plan
required under subsection (a) is informed by the manpower study
required by the Joint Explanatory Statement accompanying the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81).
(c) Elements.--The plan required under subsection (a) shall include
the following elements:
(1) A validated number of personnel necessary to fulfill
the responsibilities of the Secretariat for Special Operations
outlined in section 139b of title 10, United States Code, and
associated funding across the future-years defense program
submitted to Congress under section 221 of title 10, United
States Code.
(2) A hiring plan with milestones for gradually increasing
the number of required personnel.
(3) A breakdown of the optimal mix of required military,
civilian, and contractor personnel.
(4) An analysis of the feasibility and advisability of
assigning a member of the Senior Executive Service to serve as
the Deputy Director of the Secretariat for Special Operations.
(5) An identification of any anticipated funding shortfalls
for personnel supporting the Secretariat for Special Operations
across the future-years defense program submitted to Congress
under section 221 of title 10, United States Code.
(6) Any other matters the Secretary determines relevant.
SEC. 1090. SENSE OF CONGRESS ON REDESIGNATION OF THE AFRICA CENTER FOR
STRATEGIC STUDIES AS THE JAMES M. INHOFE CENTER FOR
AFRICA STRATEGIC STUDIES.
It is the sense of Congress that--
(1) Senator James M. Inhofe--
(A) has, during his more than three decades of
service in the United States Congress--
(i) demonstrated a profound commitment to
strengthening United States-Africa relations;
and
(ii) been one of the foremost leaders in
Congress on matters related to United States-
Africa relations;
(B) was a key advocate for the establishment of
United States Africa Command; and
(C) has conducted 170 visits to countries in
Africa; and
(2) as a recognition of Senator Inhofe's long history of
engaging with, and advocating for, Africa, the Department of
Defense Africa Center for Strategic Studies should be renamed
the James M. Inhofe Center for Africa Strategic Studies.
SEC. 1091. INTEGRATION OF ELECTRONIC WARFARE INTO TIER 1 AND TIER 2
JOINT TRAINING EXERCISES.
(a) In General.--During fiscal years 2023 through 2027, the
Chairman of the Joint Chiefs of Staff shall require that offensive and
defensive electronic warfare capabilities be integrated into Tier 1 and
Tier 2 joint training exercises.
(b) Requirement to Include Opposing Force.--The Chairman shall
require exercises conducted under subsection (a) to include an opposing
force design based on a current intelligence assessment of the
electromagnetic order of battle and capabilities of an adversary.
(c) Waiver.--The Chairman may waive the requirements under
subsections (a) and (b) with respect to an exercise if the Chairman
determines that--
(1) the exercise does not require--
(A) a demonstration of electronic warfare
capabilities; or
(B) a militarily significant threat from electronic
warfare attack; or
(2) the integration of offensive and defensive electronic
warfare capabilities into the exercise is cost prohibitive or
not technically feasible based on the overall goals of the
exercise.
(d) Briefing Required.--Concurrent with the submission of the
budget of the President to Congress pursuant to section 1105(a) of
title 31, United States Code, for each of fiscal years 2023 through
2027, the Chairman shall provide to the congressional defense
committees a briefing on exercises conducted under subsection (a) that
includes--
(1) a description of such exercises planned and included in
the budget submission for that fiscal year; and
(2) the results of each such exercise conducted in the
preceding fiscal year, including--
(A) the extent to which offensive and defensive
electronic warfare capabilities were integrated into
the exercise;
(B) an evaluation and assessment of the exercise to
determine the impact of the opposing force on the
participants in the exercise, including--
(i) joint lessons learned;
(ii) high interest training issues; and
(iii) high interest training requirements;
and
(C) whether offensive and defensive electronic
warfare capabilities were part of an overall joint
fires and, if so, a description of how such
capabilities were incorporated into the joint fires.
(e) Definitions.--In this section:
(1) The term ``electromagnetic order of battle'' has the
meaning given that term in Joint Publication 3-85 titled
``Joint Electromagnetic Spectrum Operations'', dated May 2020.
(2) The terms ``high interest training issue'', ``high
interest training requirement'', ``Tier 1'', and ``Tier 2''
have the meanings given those terms in the Joint Training
Manual for the Armed Forces of the United States (Document No.
CJCSM 3500.03E), dated April 20, 2015.
(3) The term ``joint fires'' has the meaning given that
term in the publication of the Joint Staff titled ``Insights
and Best Practices Focus Paper on Integration and
Synchronization of Joint Fires'', dated July 2018.
SEC. 1092. NATIONAL COMMISSION ON THE FUTURE OF THE NAVY.
(a) Establishment.--
(1) In general.--There is established an independent
commission in the legislative branch to be known as the
``Commission on the Future of the Navy'' (in this section
referred to as the ``Commission'').
(2) Duties of commission.--
(A) Study on naval force structure.--
(i) In general.--The Commission shall
undertake a comprehensive study of the
structure of the Navy and policy assumptions
related to the size and force mixture of the
Navy, in order--
(I) to make recommendations on the
size and force mixture of ships; and
(II) to make recommendations on the
size and force mixture of naval
aviation.
(ii) Considerations.--In undertaking the
study required by this subsection, the
Commission shall carry out each of the
following:
(I) An evaluation and
identification of a structure for the
Navy that--
(aa) has the depth and
scalability to meet current and
anticipated requirements of the
combatant commands;
(bb) assumes four different
funding levels of: fiscal year
2023 appropriated plus
inflation; fiscal year 2023
appropriated with 3-5 percent
real growth; such as is
necessary to build, man,
maintain and modernize the
fleet required by section 1025
of the National Defense
Authorization Act for 2018
(Public Law 115-91); and
notionally unconstrained to
meet the needs of the National
Defense Strategy including a
particular focus on the areas
of responsibility of United
States Indo-Pacific Command and
United States European Command;
(cc) ensures that the Navy
has the capacity needed to
support current and anticipated
homeland defense and disaster
assistance missions in the
United States;
(dd) provides for
sufficient numbers of members
of the Navy to ensure a 115
percent manning level of all
deployed ships and not less
than a 90 percent manning level
at any point in time;
(ee) provides a sustainable
force generation model with the
associated rotational presence,
personnel, training, and
maintenance assumptions;
(ff) identifies forward
basing and stationing
requirements; and
(gg) identifies potential
strategic and operational risk
tradeoffs and makes
recommendations among
readiness, efficiency,
effectiveness, capability, and
affordability.
(II) An evaluation and
identification of combatant command
demand and fleet size, including
recommendations to support--
(aa) readiness;
(bb) training;
(cc) routine ship
maintenance;
(dd) personnel;
(ee) forward presence;
(ff) depot level ship
maintenance; and
(gg) fleet modernization.
(III) A detailed review of the cost
of the recapitalization of the Nuclear
Triad in the Department of Defense and
its effect on the Navy's budget.
(IV) A review of Navy personnel
policies and training to determine
changes needed across all personnel
activities to improve training
effectiveness and force tactical
readiness and reduce operational
stress.
(B) Study on shipbuilding and innovation.--
(i) In general.--The Commission shall
conduct a study on shipbuilding, new
construction, and repair shipyards, and
opportunities to better integrate advanced
technologies such as augmented reality and
artificial intelligence in the fleet.
(ii) Considerations.--In conducting the
study required under this subsection, the
Commission shall consider the following:
(I) Recommendations for specific
changes to the Navy's Shipyard
Infrastructure Optimization Program,
which may include legislative changes
such as providing multi-year
appropriations or expanded use of
innovative technology.
(II) Recommendations for changes to
the ship design and build program that
could reduce technical and schedule
risk, reduce cost, accelerate build
timelines, and prioritize an
incremental approach to introducing
change.
(III) Recommendations for changes
to the ship depot maintenance program
in order to reduce overhaul timelines,
integrate current technologies into
ships, and reduce costs.
(3) Powers of commission.--
(A) Hearings.--The Commission may hold such
hearings, sit and act at such times and places, take
such testimony, and receive such evidence as the
Commission considers advisable to carry out its duties
under this section.
(B) Information from federal agencies.--The
Commission may secure directly from any Federal
department or agency such information as the Commission
considers necessary to carry out its duties under this
section. Upon request of the Co-Chairs of the
Commission, the head of such department or agency shall
furnish such information to the Commission.
(C) Use of postal service.--The Commission may use
the United States mails in the same manner and under
the same conditions as other departments and agencies
of the Federal Government.
(D) Authority to accept gifts.--
(i) In general.--The Commission may accept,
use, and dispose of gifts or donations of
services, goods, and property from non-Federal
entities for the purposes of aiding and
facilitating the work of the Commission. The
authority under this paragraph does not extend
to gifts of money.
(ii) Documentation; conflicts of
interest.--The Commission shall document gifts
accepted under the authority provided by clause
(i) and shall avoid conflicts of interest or
the appearance of conflicts of interest.
(iii) Compliance with congressional ethics
rules.--Except as specifically provided in this
section, a member of the Commission shall
comply with rules set forth by the Select
Committee on Ethics of the Senate and the
Committee on Ethics of the House of
Representatives governing employees of the
Senate and the House of Representatives,
respectively.
(4) Report required.--Not later than July 1, 2024, the
Commission shall submit to the Committees on Armed Services of
the Senate and House of Representatives an unclassified report,
with classified annexes if necessary, that includes the
findings and conclusions of the Commission as a result of the
studies required under this section, together with its
recommendations for such legislative actions as the Commission
considers appropriate in light of the results of the studies.
(b) Membership.--
(1) Composition.--The Commission shall be composed of 8
members, of whom--
(A) one shall be appointed by the Speaker of the
House of Representatives;
(B) one shall be appointed by the Minority Leader
of the House of Representatives;
(C) one shall be appointed by the Majority Leader
of the Senate;
(D) one shall be appointed by the Minority Leader
of the Senate;
(E) one shall be appointed by the Chairman of the
Committee on Armed Services of the Senate;
(F) one shall be appointed by the Ranking Member of
the Committee on Armed Services of the Senate;
(G) one shall be appointed by the Chairman of the
Committee on Armed Services of the House of
Representatives; and
(H) one shall be appointed by the Ranking Member of
the Committee on Armed Services of the House of
Representatives.
(2) Co-chairs.--There shall be two Co-Chairs of the
Commission. The Republican leadership of the Senate and House
of Representatives shall jointly select one Co-Chair, and the
Democratic leadership of the Senate and House of
Representatives shall jointly select the other.
(3) Appointment date; notifications.--
(A) Members shall be appointed to the commission
under paragraph (1) by not later than 90 days after the
date of enactment of this Act.
(B) Individuals making appointments under paragraph
(1) shall provide notice of the appointments to the
Secretary of Defense (in this section referred to as
the ``Secretary'').
(4) Qualifications and expertise.--
(A) In general.--In making appointments under this
subsection, consideration shall be given to individuals
with expertise in--
(i) United States naval policy and
strategy;
(ii) naval forces capability;
(iii) naval nuclear propulsion and weapons;
(iv) naval force structure design,
organization, and employment;
(v) Navy personnel matters;
(vi) Navy acquisition and sustainment;
(vii) Navy shipbuilding;
(viii) naval aviation aircraft procurement;
and
(ix) Navy ship and aircraft depot
maintenance.
(B) Restriction on appointment.--Officers or
employees of the Federal Government (other than experts
or consultants the services of which are procured under
section 3109 of title 5, United States Code) may not be
appointed as members of the Commission.
(C) Restriction on members of congress.--Members of
Congress may not serve on the Commission.
(5) Period of appointment; vacancies; removal of members.--
(A) Appointment duration.--Members shall be
appointed for the life of the Commission.
(B) Vacancies.--Any vacancy in the Commission shall
not affect its powers, but shall be filled in the same
manner as the original appointment.
(C) Removal of members.--A member may be removed
from the Commission for cause by the individual serving
in the position responsible for the original
appointment of such member under subsection (b)(1),
provided that notice has first been provided to such
member of the cause for removal and voted and agreed
upon by three quarters of the members serving. A
vacancy created by the removal of a member under this
subsection shall not affect the powers of the
Commission, and shall be filled in the same manner as
the original appointment was made.
(D) Quorum.--.A majority of the members serving on
the Commission shall constitute a quorum.
(E) Initial meeting.--Not later than 30 days after
the date on which all members of the Commission have
been appointed as published in the Congressional
Record, the Commission shall hold its initial meeting.
(c) Personnel Matters.--
(1) Status as federal employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of
such section, members of the Commission shall be deemed to be
Federal employees in the legislative branch subject to all the
laws and policies applicable to legislative branch employees.
(2) Oath of office.--Notwithstanding the provision of
section 2903(b) of title 5, United States Code, an employee of
an Executive Branch agency, otherwise authorized to administer
oaths under section 2903 of title 5, United States Code, may
administer the oath of office to Commissioners for the purpose
of their service to the Commission.
(3) Security clearances.--The appropriate Federal
departments or agencies shall cooperate with the Commission in
expeditiously providing to the Commission members and staff
appropriate security clearances to the extent possible pursuant
to existing procedures and requirements, except that no person
may be provided with access to classified information under
this Act without the appropriate security clearances.
(4) Pay for members.--Each member of the Commission may be
compensated at a rate not to exceed the daily equivalent of the
annual rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for
each day (including travel time) during which such member is
engaged in the performance of the duties of the Commission. All
members of the Commission who are officers or employees of the
United States shall serve without compensation additional to
that received for their services as officers or employees of
the United States.
(5) Staff.--
(A) Executive director.--The Co-Chairs of the
Commission may appoint and fix the rate of basic pay
for an Executive Director in accordance with section
3161 of title 5, United States Code.
(B) Commission staff.--The Executive Director may
appoint and fix the rate of basic pay for additional
personnel as staff of the Commission in accordance with
section 3161 of title 5, United States Code.
(C) Detailees authorized.--On a reimbursable or
non-reimbursable basis, the heads of departments and
agencies of the Federal Government may provide, and the
Commission may accept personnel detailed from such
departments and agencies, including active-duty
military personnel.
(D) Travel expenses.--The members and staff of the
Commission shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter I of chapter
57 of title 5, United States Code, while away from
their homes or regular places of business in the
performance of services for the Commission.
(d) Support.--
(1) Assistance from department of defense.--
(A) In general.--Of the amounts authorized to be
appropriated for the Department of Defense for support
of the Commission, the Secretary may make transfers to
the Commission for commission expenses, including
compensation of commission members, officers, and
employees, and provision of other such services, funds,
facilities, and other support services as necessary for
the performance of the Commission's functions. Funds
made available to support and provide assistance to the
Commission may be used for payment of compensation of
members, officers, and employees of the Commission
without transfer under this subparagraph. Amounts
transferred under this subparagraph shall remain
available until expended. Transfer authority provided
by this subparagraph is in addition to any other
transfer authority provided by law. Section 2215 of
title 10, United States Code, shall not apply to a
transfer of funds under this subparagraph.
(B) Treasury account authorized.--The Secretary of
the Treasury may establish an account or accounts for
the Commission from which any amounts transferred under
this clause may be used for activities of the
Commission.
(2) Liaison.--The Secretary shall designate at least one
officer or employee of the Department of Defense to serve as a
liaison officer between the Department and the Commission.
(3) Additional support.--To the extent that funds are
available for such purpose, or on a reimbursable basis, the
Secretary may, at the request of the Co-Chairs of the
Commission--
(A) enter into contracts for the acquisition of
administrative supplies and equipment for use by the
Commission; and
(B) make available the services of a Federal funded
research and development center or an independent,
nongovernmental organization, described under section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of such Code.
(4) Preliminary administrative support authorized.--Upon
the appointment of the Co-Chairs under subsection (b), the
Secretary may provide administrative support authorized under
this section necessary to facilitate the standing up of the
Commission.
(e) Termination of Commission.--The Commission shall terminate 90
days after the submission of the report required under subsection (a).
SEC. 1093. DYNAMIC AIRSPACE PILOT PROGRAM.
(a) Pilot Program.--
(1) Pilot program required.--Not later than 90 days after
the date of the enactment of this Act, the Administrator of the
Federal Aviation Administration, in coordination with the
Secretary of Defense, shall establish a pilot program for the
purpose of developing, testing, and assessing dynamic
scheduling and management of special activity airspace in order
to accommodate emerging military testing and training
requirements, including--
(A) special activity airspace for use by the
Department of Defense for emerging military testing and
training requirements of infrequent or limited
durations; and
(B) streamlining the process for the Department of
Defense to request the designation of special activity
airspace for activities described in subparagraph (A).
(2) Development, test, and assessment of dynamic
airspace.--Under the pilot program established under paragraph
(1), the Administrator and the Secretary shall jointly test not
less than two use cases concerning temporary or permanent
special activity airspace established by the Federal Aviation
Administration for use by the Department of Defense that
develop, test, and assess--
(A) the availability of such airspace on an
infrequent or limited duration necessary to accommodate
the Department of Defense's emerging military testing
and training requirements; and
(B) whether the processes for the Department of
Defense to request special activity airspace for
infrequent or limited duration military testing and
training events meet Department of Defense testing and
training requirements.
(b) Requirements.--The pilot program established by subsection (a)
shall not interfere with--
(1) the public's right of transit consistent with national
security;
(2) the use of airspace necessary to ensure the safety of
aircraft within the National Airspace System;
(3) the use of airspace necessary to ensure the efficient
use of the National Airspace System; and
(4) Department of Defense use of special activity airspace
that is established through means other than the pilot program
established by subsection (a).
(c) Report by the Administrator.--
(1) In general.--Not later than two years after the date of
the establishment of the pilot program under subsection (a)(1),
the Administrator shall submit to the appropriate committees of
Congress a report on the interim findings of the Administrator
with respect to the pilot program.
(2) Elements.--The report submitted under paragraph (1)
shall include an analysis of the following:
(A) How the pilot program established under
subsection (a)(1) affected policies on establishing and
scheduling special activity airspace with an emphasis
on the impact of allocation and utilization policies to
other nonparticipating aviation users of the National
Airspace System.
(B) Whether the streamlined processes for dynamic
scheduling and management of special activity airspace
involved in the pilot program established under
subsection (a)(1) contributed to--
(i) the public's right of transit
consistent with national security;
(ii) the use of airspace necessary to
ensure the safety of aircraft within the
National Airspace System; and
(iii) the use of airspace necessary to
ensure the efficient use of the National
Airspace System.
(d) Report by the Secretary of Defense.--Not later than two years
after the date of the establishment of the pilot program under
subsection (a)(1), the Secretary shall submit to the appropriate
committees of Congress a report on the interim findings of the
Secretary with respect to the pilot program. Such report shall include
an analysis of how the pilot program affected military testing and
training.
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation, the Committee on Armed Services, and
the Committee on Appropriations of the Senate; and
(B) the Committee on Transportation and
Infrastructure, the Committee on Science, Space, and
Technology, the Committee on Armed Services, and the
Committee on Appropriations of the House of
Representatives.
(2) The term ``special activity airspace'' means the
following airspace with defined dimensions within the National
Airspace System wherein limitations may be imposed upon
aircraft operations:
(A) Restricted areas.
(B) Military operations areas.
(C) Air traffic control assigned airspace.
(D) Warning areas.
(3) The term ``use cases'' means a compendium of airspace
utilization data collected from the development, testing, and
assessment conducted under subsection (a)(1), and other test
points or metrics as agreed to by the Administrator and the
Secretary, within a specific geographic region as determined by
the Administrator and Secretary.
(f) Duration.--The pilot program under subsection (a)(1) shall
continue for not more than three years after the date on which it is
established.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Restricted reporting option for Department of Defense
civilian employees choosing to report
experiencing adult sexual assault.
Sec. 1102. Modification and extension of authority to waive annual
limitation on premium pay and aggregate
limitation on pay for Federal civilian
employees working overseas.
Sec. 1103. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to
civilian personnel on official duty in a
combat zone.
Sec. 1104. Standardized credentials for law enforcement officers of the
Department of Defense.
Sec. 1105. Temporary extension of authority to provide security for
former Department of Defense officials.
Sec. 1106. Enhanced pay authority for certain research and technology
positions in science and technology
reinvention laboratories.
Sec. 1107. Flexible workplace programs.
Sec. 1108. Eligibility of Department of Defense employees in time-
limited appointments to compete for
permanent appointments.
Sec. 1109. Modification to personnel management authority to attract
experts in science and engineering.
Sec. 1110. Modification and extension of pilot program on dynamic
shaping of the workforce to improve the
technical skills and expertise at certain
department of defense laboratories.
Sec. 1111. Modification of temporary expansion of authority for
noncompetitive appointments of military
spouses by federal agencies.
Sec. 1112. Modification to pilot program for the temporary assignment
of cyber and information technology
personnel to private sector organizations.
SEC. 1101. RESTRICTED REPORTING OPTION FOR DEPARTMENT OF DEFENSE
CIVILIAN EMPLOYEES CHOOSING TO REPORT EXPERIENCING ADULT
SEXUAL ASSAULT.
(a) In General.--Chapter 81 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1599j. Restricted reports of incidents of adult sexual assault
``(a) Restricted Reports.--The Secretary of Defense may provide a
civilian employee of the Department of Defense an opportunity to submit
to an individual described in subsection (d) a restricted report of an
alleged incident of adult sexual assault for the purpose of assisting
the employee in obtaining information and access to authorized victim
support services provided by the Department.
``(b) Restrictions on Disclosures and Initiating Investigations.--
Unless the Secretary determines that a disclosure is necessary to
prevent or mitigate a serious and imminent safety threat to the
employee submitting the report or to another person, a restricted
report submitted pursuant to subsection (a) shall not--
``(1) be disclosed to the supervisor of the employee or any
other management official; or
``(2) cause the initiation of a Federal civil or criminal
investigation.
``(c) Duties Under Other Laws.--The receipt of a restricted report
submitted under subsection (a) shall not be construed as imputing
actual or constructive knowledge of an alleged incident of sexual
assault to the Department of Defense for any purpose.
``(d) Individuals Authorized to Receive Restricted Reports.--An
individual described in this subsection is an individual who performs
victim advocate duties under a program for one or more of the following
purposes (or any other program designated by the Secretary):
``(1) Sexual assault prevention and response.
``(2) Victim advocacy.
``(3) Equal employment opportunity.
``(4) Workplace violence prevention and response.
``(5) Employee assistance.
``(6) Family advocacy.
``(e) Definitions.--In this section:
``(1) Civilian employee.--The term `civilian employee' has
the meaning given the term `employee' in section 2105 of title
5.
``(2) Sexual assault.--The term `sexual assault' has the
meaning given that term in section 920 of this title (article
120 of the Uniform Code of Military Justice), and includes
penetrative offenses and sexual contact offenses.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1599j. Restricted reports of incidents of adult sexual assault.''.
SEC. 1102. MODIFICATION AND EXTENSION OF AUTHORITY TO WAIVE ANNUAL
LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY
FOR FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS.
Subsection (a) of section 1101 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4615), as most recently amended by section 1112 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1953), is further amended--
(1) by striking ``that is in the area of responsibility''
and all that follows through ``United States Africa Command,''
and
(2) by striking ``through 2022'' and inserting ``through
2023''.
SEC. 1103. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO CIVILIAN
PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE.
Paragraph (2) of section 1603(a) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section
1102 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4616) and as most recently
amended by section 1114 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1954), is further
amended by striking ``2023'' and inserting ``2024''.
SEC. 1104. STANDARDIZED CREDENTIALS FOR LAW ENFORCEMENT OFFICERS OF THE
DEPARTMENT OF DEFENSE.
(a) Standardized Credentials Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall ensure that--
(1) the Secretary of each military department develops
standardized credentials for Defense law enforcement officers
under their respective authority;
(2) the Secretary of each military department issues such
credential to each such officer at no cost to such officer; and
(3) any Department of Defense common access card issued to
such an officer clearly identifies the officer as a Defense law
enforcement officer.
(b) Defense Law Enforcement Officer Defined.--In this section, the
term ``Defense law enforcement officer'' means a member of the Armed
Forces or civilian employee of the Department of Defense who--
(1) is authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of, or the
incarceration of any person for, any violation of law;
(2) has statutory powers of arrest or apprehension under
section 807(b) of title 10, United States Code (article 7(b) of
the Uniform Code of Military Justice); and
(3) is authorized by the Department to carry a firearm.
SEC. 1105. TEMPORARY EXTENSION OF AUTHORITY TO PROVIDE SECURITY FOR
FORMER DEPARTMENT OF DEFENSE OFFICIALS.
During the period beginning on the date of enactment of this Act
and ending on January 1, 2024, subsection (b) of section 714 of title
10, United States Code, shall be applied--
(1) in paragraph (1)(A), by substituting ``a serious and
credible threat'' for ``an imminent and credible threat'';
(2) in paragraph (2)(B), by substituting ``three years''
for ``two years''; and
(3) in paragraph (6)(A), by substituting--
(A) ``congressional leadership and the
congressional defense committees'' for ``the
congressional defense committees''; and
(B) by substituting ``the justification for such
determination, scope of the protection, and the
anticipated cost and duration of such protection'' for
``the justification for such determination''.
SEC. 1106. ENHANCED PAY AUTHORITY FOR CERTAIN RESEARCH AND TECHNOLOGY
POSITIONS IN SCIENCE AND TECHNOLOGY REINVENTION
LABORATORIES.
(a) In General.--Chapter 303 of title 10, United States Code, is
amended by inserting after section 4093 the following new section:
``Sec. 4094. Enhanced pay authority for certain research and technology
positions in science and technology reinvention
laboratories
``(a) In General.--The Secretary of Defense may carry out a program
using the pay authority specified in subsection (d) to fix the rate of
basic pay for positions described in subsection (c) in order to assist
the military departments in attracting and retaining high quality
acquisition and technology experts in positions responsible for
managing and performing complex, high-cost research and technology
development efforts in the science and technology reinvention
laboratories of the Department of Defense.
``(b) Approval Required.--The program may be carried out in a
military department only with the approval of the service acquisition
executive of the military department concerned.
``(c) Positions.--The positions described in this subsection are
positions in the science and technology reinvention laboratories of the
Department of Defense that--
``(1) require expertise of an extremely high level in a
scientific, technical, professional, or acquisition management
field; and
``(2) are critical to the successful accomplishment of an
important research or technology development mission.
``(d) Rate of Basic Pay.--The pay authority specified in this
subsection is authority as follows:
``(1) Authority to fix the rate of basic pay for a position
at a rate not to exceed 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the
approval of the service acquisition executive concerned.
``(2) Authority to fix the rate of basic pay for a position
at a rate in excess of 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the
approval of the Secretary of the military department concerned.
``(e) Limitations.--
``(1) In general.--The authority in subsection (a) may be
used only to the extent necessary to competitively recruit or
retain individuals exceptionally well qualified for positions
described in subsection (c).
``(2) Number of positions.--The authority in subsection (a)
may not be used with respect to more than five positions in
each military department at any one time, unless the Under
Secretary of Defense for Research and Engineering, in
concurrence with the Secretaries of the military departments
concerned, authorizes the transfer of positions from one
military department to another.
``(3) Term of positions.--The authority in subsection (a)
may be used only for positions having a term of less than five
years.
``(f) Science and Technology Reinvention Laboratories of the
Department of Defense Defined.--In this section, the term `science and
technology reinvention laboratories of the Department of Defense' means
the laboratories designated as science and technology reinvention
laboratories by section 4121(b) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 303 of such title is amended by inserting after the item
relating to section 4093 the following new item:
``4094. Enhanced pay authority for certain research and technology
positions in science and technology
reinvention laboratories.''.
(c) Application.--This section shall take effect immediately after
section 881 of this Act.
SEC. 1107. FLEXIBLE WORKPLACE PROGRAMS.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall promulgate guidance to the military
departments to promote consistency in policies relating to flexible
workplace programs. Such guidance shall address at a minimum the
conditions under which an employee is allowed to perform all or a
portion of assigned duties--
(1) at a telecommuting center established pursuant to
statute; or
(2) through the use of flexible workplace services
agreements.
SEC. 1108. ELIGIBILITY OF DEPARTMENT OF DEFENSE EMPLOYEES IN TIME-
LIMITED APPOINTMENTS TO COMPETE FOR PERMANENT
APPOINTMENTS.
Section 3304 of title 5, United States Code, is amended by adding
at the end the following:
``(g) Eligibility of Department of Defense Employees in Time-
limited Appointments to Compete for Permanent Appointments.--
``(1) Definitions.--In this subsection--
``(A) the term `Department' means the Department of
Defense; and
``(B) the term `time-limited appointment' means a
temporary or term appointment in the competitive
service.
``(2) Eligibility.--Notwithstanding any other provision of
this chapter or any other provision of law relating to the
examination, certification, and appointment of individuals in
the competitive service, an employee of the Department serving
under a time-limited appointment is eligible to compete for a
permanent appointment in the competitive service when the
Department is accepting applications from individuals within
its own workforce, or from individuals outside its own
workforce, under merit promotion procedures, if--
``(A) the employee was appointed initially under
open, competitive examination under subchapter I of
this chapter to the time-limited appointment;
``(B) the employee has served under 1 or more time-
limited appointments within the Department for a period
or periods totaling more than 2 years without a break
of 2 or more years; and
``(C) the employee's performance has been at an
acceptable level of performance throughout the period
or periods referred to in subparagraph (B).
``(3) Career-conditional status; competitive status.--An
individual appointed to a permanent position under this
section--
``(A) becomes a career-conditional employee, unless
the employee has otherwise completed the service
requirements for career tenure; and
``(B) acquires competitive status upon appointment.
``(4) Former employees.--If the Department is accepting
applications as described in paragraph (2), a former employee
of the Department who served under a time-limited appointment
and who otherwise meets the requirements of this section shall
be eligible to compete for a permanent position in the
competitive service under this section if--
``(A) the employee applies for a position covered
by this section not later than 2 years after the most
recent date of separation; and
``(B) the employee's most recent separation was for
reasons other than misconduct or performance.
``(5) Regulations.--The Office of Personnel Management
shall prescribe regulations necessary for the administration of
this subsection.''.
SEC. 1109. MODIFICATION TO PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT
EXPERTS IN SCIENCE AND ENGINEERING.
Section 4092 of title 10, united states code, is amended--
(1) in subsection (a)(8), in the second sentence, by
striking ``December 31, 2025'' and inserting ``December 31,
2030'';
(2) in subsection (b)--
(A) in paragraph (1)(H)--
(i) by striking ``10 positions'' and
inserting ``15 positions''; and
(ii) by striking ``3 such positions'' and
inserting ``5 such positions''; and
(B) in paragraph (2)(A)--
(i) in the matter preceding clause (i), by
striking ``paragraph (1)(B)'' and inserting
``subparagraphs (B) and (H) of paragraph (1)'';
(ii) in clause (i)--
(I) by striking ``to any of'' and
inserting ``to any of the''; and
(II) by inserting ``and any of the
5 positions designated by the Director
of the Space Development Agency'' after
``Projects Agency''; and
(iii) in clause (ii), by striking ``the
Director'' and inserting ``the Director of the
Defense Advanced Research Projects Agency or
the Director of the Space Development Agency'';
and
(3) in subsection (c)(2), by inserting ``the Space
Development Agency,'' after ``Intelligence Center,''.
SEC. 1110. MODIFICATION AND EXTENSION OF PILOT PROGRAM ON DYNAMIC
SHAPING OF THE WORKFORCE TO IMPROVE THE TECHNICAL SKILLS
AND EXPERTISE AT CERTAIN DEPARTMENT OF DEFENSE
LABORATORIES.
(a) Repeal of Obsolete Provision.--Section 1109(b)(1) of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92) is amended by striking subparagraph (D).
(b) Extension of Authority.--Section 1109(d)(1) of such Act is
amended by striking ``December 31, 2023'' and inserting ``December 31,
2027''.
SEC. 1111. MODIFICATION OF TEMPORARY EXPANSION OF AUTHORITY FOR
NONCOMPETITIVE APPOINTMENTS OF MILITARY SPOUSES BY
FEDERAL AGENCIES.
(a) Extension of Sunset.--Subsection (e) of section 573 of the John
S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 5 U.S.C. 3330d note) is amended, in the matter
preceding paragraph (1), by striking ``the date that is 5 years after
the date of the enactment of this Act'' and inserting ``December 31,
2028''.
(b) Repeal of Opm Limitation and Reports.--Subsection (d) of such
section is repealed.
SEC. 1112. MODIFICATION TO PILOT PROGRAM FOR THE TEMPORARY ASSIGNMENT
OF CYBER AND INFORMATION TECHNOLOGY PERSONNEL TO PRIVATE
SECTOR ORGANIZATIONS.
Section 1110(d) of the National Defense Authorization Act for
Fiscal Year 2010 (5 U.S.C. 3702 note; Public Law 111-84) is amended by
striking ``September 30, 2022'' and inserting ``December 31, 2026''.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Payment of personnel expenses necessary for participation
in training program conducted by Colombia
under the United States-Colombia Action
Plan for Regional Security.
Sec. 1202. Modifications to Reports on Security Cooperation.
Sec. 1203. Modification of authority for participation in
multinational centers of excellence.
Sec. 1204. Modification of existing authorities to provide for an
Irregular Warfare Center and a Regional
Defense Fellowship Program.
Sec. 1205. Modification to authority to provide support for conduct of
operations.
Sec. 1206. Extension and modification of authority for reimbursement
of certain coalition nations for support
provided to United States military
operations.
Sec. 1207. Modification and extension of authority to support border
security operations of certain foreign
countries.
Sec. 1208. Security cooperation programs with foreign partners to
advance women, peace, and security.
Sec. 1209. Review of implementation of prohibition on use of funds for
assistance to units of foreign security
forces that have committed a gross
violation of human rights.
Sec. 1210. Independent assessment of United States efforts to train,
advise, assist, and equip the military
forces of Somalia.
Sec. 1211. Security cooperation activities at Counter-UAS University.
Sec. 1212. Defense Operational Resilience International Cooperation
Pilot Program.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1221. Extension of authority for certain payments to redress
injury and loss.
Sec. 1222. Additional matters for inclusion in reports on oversight in
Afghanistan.
Sec. 1223. Prohibition on transporting currency to the Taliban and the
Islamic Emirate of Afghanistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1231. Modification of annual report on the military capabilities
of Iran and related activities.
Sec. 1232. Extension of authority to support operations and activities
of the Office of Security Cooperation in
Iraq.
Sec. 1233. Extension of authority to provide assistance to vetted
Syrian groups and individuals.
Sec. 1234. Extension and modification of authority to provide
assistance to counter the Islamic State of
Iraq and Syria.
Sec. 1235. Prohibition on transfers to Iran.
Sec. 1236. Report on Islamic Revolutionary Guard Corps-affiliated
operatives abroad.
Sec. 1237. Assessment of support to Iraqi Security Forces and Kurdish
Peshmerga Forces to counter air and missile
threats.
Sec. 1238. Interagency strategy to disrupt and dismantle narcotics
production and trafficking and affiliated
networks linked to the regime of Bashar al-
Assad in Syria.
Sec. 1239. Prohibition on transfers to Badr Organization.
Sec. 1240. Report on United Nations arms embargo on Iran.
Subtitle D--Matters Relating to Russia
Sec. 1241. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1242. Extension of limitation on military cooperation between the
United States and Russia.
Sec. 1243. Modification to annual report on military and security
developments involving the Russian
Federation.
Sec. 1244. Temporary authorizations related to Ukraine and other
matters.
Sec. 1245. Prohibition on availability of funds relating to
sovereignty of the Russian Federation over
internationally recognized territory of
Ukraine.
Sec. 1246. Report on Department of Defense plan for the provision of
short and medium-term security assistance
to Ukraine.
Sec. 1247. Oversight of United States assistance to Ukraine.
Subtitle E--Matters Relating to the Indo-Pacific Region
Sec. 1251. Modification to annual report on military and security
developments involving the People's
Republic of China.
Sec. 1252. Modification of Indo-Pacific Maritime Security Initiative
to authorize use of funds for the Coast
Guard.
Sec. 1253. Modification of prohibition on participation of the
People's Republic of China in rim of the
Pacific (RIMPAC) naval exercises to include
cessation of genocide by China.
Sec. 1254. Extension and modification of Pacific Deterrence
Initiative.
Sec. 1255. Extension of authority to transfer funds for Bien Hoa
dioxin cleanup.
Sec. 1256. Enhanced indications and warning for deterrence and
dissuasion.
Sec. 1257. Prohibition on use of funds to support entertainment
projects with ties to the Government of the
People's Republic of China.
Sec. 1258. Reporting on institutions of higher education domiciled in
the People's Republic of China that provide
support to the People's Liberation Army.
Sec. 1259. Review of port and port-related infrastructure purchases
and investments made by the Government of
the People's Republic of China and entities
directed or backed by the Government of the
People's Republic of China.
Sec. 1260. Enhancing major defense partnership with India.
Sec. 1261. Pilot program to develop young civilian defense leaders in
the Indo-Pacific region.
Sec. 1262. Report on bilateral agreements supporting United States
military posture in the Indo-Pacific
region.
Sec. 1263. Statement of policy on Taiwan.
Sec. 1264. Sense of congress on joint exercises with Taiwan.
Sec. 1265. Sense of Congress on defense alliances and partnerships in
the Indo-Pacific region.
Subtitle F--Other Matters
Sec. 1271. North Atlantic Treaty Organization Special Operations
Headquarters.
Sec. 1272. Sense of Congress on NATO and United States defense posture
in Europe.
Sec. 1273. Report on Fifth Fleet capabilities upgrades.
Sec. 1274. Report on use of social media by foreign terrorist
organizations.
Sec. 1275. Report and feasibility study on collaboration to meet
shared national security interests in East
Africa.
Sec. 1276. Assessment of challenges to implementation of the
partnership among Australia, the United
Kingdom, and the United States.
Sec. 1277. Modification and extension of United States-Israel
cooperation to counter unmanned aerial
systems.
Sec. 1278. Sense of Congress and briefing on multinational force and
observers.
Sec. 1279. Briefing on Department of Defense program to protect United
States students against foreign agents.
Subtitle A--Assistance and Training
SEC. 1201. PAYMENT OF PERSONNEL EXPENSES NECESSARY FOR PARTICIPATION IN
TRAINING PROGRAM CONDUCTED BY COLOMBIA UNDER THE UNITED
STATES-COLOMBIA ACTION PLAN FOR REGIONAL SECURITY.
(a) In General.--Subchapter IV of chapter 16 of title 10, United
States Code, is amended by adding at the end the following:
``Sec. 335. Payment of personnel expenses necessary for participation
in training program conducted by Colombia under the
United States-Colombia Action Plan for Regional Security
``(a) Authority.--The Secretary of Defense may pay the expendable
training supplies, travel, subsistence, and similar personnel expenses
of, and special compensation for, the following that the Secretary
considers necessary for participation in the training program conducted
by Colombia under the United States-Colombia Action Plan for Regional
Security:
``(1) Defense personnel of friendly foreign governments.
``(2) With the concurrence of the Secretary of State, other
personnel of friendly foreign governments and nongovernmental
personnel.
``(b) Limitation.--
``(1) In general.--Except as provided in paragraph (2), the
authority provided in subsection (a) may only be used for the
payment of such expenses of, and special compensation for, such
personnel from developing countries.
``(2) Exception.-- The Secretary may authorize the payment
of such expenses of, and special compensation for, such
personnel from a country other than a developing country if the
Secretary determines that such payment is--
``(A) necessary to respond to extraordinary
circumstances; and
``(B) in the national security interest of the
United States.''.
(b) Conforming Amendment.--The table of sections at the beginning
of subchapter IV of chapter 16 of title 10, United States Code, is
amended by adding at the end the following new item:
``335. Payment of personnel expenses necessary for participation in
training program conducted by Colombia
under the United States-Colombia Action
Plan for Regional Security.''.
SEC. 1202. MODIFICATIONS TO REPORTS ON SECURITY COOPERATION.
(a) Support to Friendly Foreign Countries for Conduct Operations.--
Section 331(d)(2) of title 10, United States Code, is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) A description of each entity with which the
applicable friendly foreign country is engaged in
hostilities and whether each such entity is covered by
an authorization for the use of military force.''.
(b) Defense Institution Capacity Building.--Section 332(b)(2) of
title 10, United States Code, is amended--
(1) by striking ``quarter'' each place it appears; and
(2) by striking ``Each fiscal year'' and inserting ``Not
later than February 1 of each year''.
(c) Authority to Build Capacity of Foreign Forces.--Section 333(f)
of title 10, United States Code, is amended--
(1) in the heading, by striking ``Quarterly'' and inserting
``Semi-Annual'';
(2) in the matter preceding paragraph (1)--
(A) by striking ``a quarterly'' and inserting ``a
semi-annual''; and
(B) by striking ``calendar quarter'' and inserting
``180 days''.
(d) Annual Report on Security Cooperation Activities.--Section 386
of title 10, United States Code, is amended to read as follows:
``Sec. 386. Annual report
``(a) Annual Report Required.--Not later than March 31 of each
year, the Secretary of Defense shall submit to the appropriate
congressional committees a report that sets forth, on a country-by-
country basis, an overview of security cooperation activities carried
out by the Department of Defense during the fiscal year in which such
report is submitted, using the authorities specified in subsection (b).
``(b) Elements of Report.--Each report required under subsection
(a) shall include, with respect to each country and for the entirety of
the period covered by such report, the following:
``(1) A narrative summary that provides--
``(A) a brief overview of the primary security
cooperation objectives for the activities encompassed
by the report; and
``(B) a description of how such activities advance
the theater security cooperation strategy of the
relevant geographic combatant command.
``(2) A table that includes an aggregated amount with
respect to each of the following:
``(A) With respect to amounts made available for
section 332(a) of this title, the Department of Defense
cost to provide any Department personnel as advisors to
a ministry of defense.
``(B) With respect to amounts made available for
section 332(b) of this title, the Department of Defense
incremental execution costs to conduct activities under
such section.
``(C) With respect to section 333 of this title,
the value of all programs for which notice is required
by such section.
``(D) With respect to section 335 of this title,
the total Department of Defense costs to fund expenses
to attend training provided by the Government of
Colombia that began during the period of the report.
``(E) With respect to amounts made available for
section 341 of this title, the Department of Defense
manpower and travel costs to conduct bi-lateral state
partnership program engagements with the partner
country.
``(F) With respect to amounts made available for
section 342 of this title, the Department of Defense-
funded, foreign-partner travel costs to attend a
regional center activity that began during the period
of the report.
``(G) With respect to amounts made available for
section 345 of this title, the estimated Department of
Defense execution cost to complete all training that
began during the period of the report.
``(H) With respect to amounts made available for
section 2561 of this title, the planned execution cost
of completing humanitarian assistance activities for
the partner country that were approved for the period
of the report.
``(3) A table that includes aggregated totals for each of
the following:
``(A) Pursuant to section 311 of this title, the
number of personnel from a partner country assigned to
a Department of Defense organization.
``(B) Pursuant to section 332(a) of this title, the
number of Department of Defense personnel assigned as
advisors to a ministry of defense.
``(C) Pursuant to section 332(b) of this title, the
number of activities conducted by the Department of
Defense.
``(D) The number of new programs carried out during
the period of the report that required notice under
section 333 of this title.
``(E) With respect to section 335 of this title,
the number of partner country officials who
participated in training provided by the Government of
Colombia that began during the period of the report.
``(F) With respect to section 341 of this title,
the number of Department of Defense bilateral state
partnership program engagements with the partner
country that began during the period of the report.
``(G) With respect to section 342 of this title,
the number of partner country officials who
participated in regional center activity that began
during the period of the report.
``(H) Pursuant to the authorities under sections
343, 345, 348, 349, 350 and 352 of this title, the
total number of partner country personnel who began
training during the period of the report.
``(I) Pursuant to section 347 of this title, the
number of cadets from the partner country that were
enrolled in the Service Academies during the period of
the report.
``(J) Pursuant to amounts made available to carry
out section 2561 of this title, the number of new
humanitarian assistance projects funded through the
Overseas Humanitarian Disaster and Civic Aid account
that were approved during the period of the required
report.
``(4) A table that includes the following:
``(A) For each person from the partner country
assigned to a Department of Defense organization
pursuant to section 311 of this title--
``(i) whether the person is a member of the
armed forces or a civilian;
``(ii) the rank of the person (if
applicable); and
``(iii) the component of the Department of
Defense and location to which such person is
assigned.
``(B) With respect to each civilian employee of the
Department of Defense or member of the armed forces
that was assigned, pursuant to section 332(a) of this
title, as an advisor to a ministry of defense during
the period of the report, a description of the object
of the Department of Defense for such support and the
name of the ministry or regional organization to which
the employee or member was assigned.
``(C) With respect to each activity commenced under
section 332(b) of this title during the period of the
report--
``(i) the name of the supported ministry or
regional organization;
``(ii) the component of the Department of
Defense that conducted the activity;
``(iii) the duration of the activity; and
``(iv) a description of the objective of
the activity.
``(D) For each program that required notice to
Congress under section 333 of this title during the
period of the report--
``(i) the units of the national security
forces of the foreign country to which
assistance was provided;
``(ii) the type of operation capability
assisted;
``(iii) a description of the nature of the
assistance being provided; and
``(iv) the estimated cost included in the
notice provided for such assistance.
``(E) With respect to each Government of Colombia
training activity which included Department of Defense
funded participants under section 335 of this title
that commenced during the period of the report--
``(i) the units of the defense personnel of
the friendly foreign country to which the
Department of Defense funded assistance was
provided;
``(ii) the units of the Government of
Colombia that conducted the training activity;
``(iii) the duration of the training
activity provided by the Government of
Colombia;
``(iv) a description of the objective of
the training activity provided by the
Government of Colombia.
``(F) With respect to each activity commenced under
section 341 of this title during the period of the
report--
``(i) a description of the activity;
``(ii) the duration of the activity;
``(iii) the number of participating members
of the National Guard; and
``(iv) the number of participating
personnel of foreign country.
``(G) With respect to each activity of a Regional
Center for Security Studies commenced under section 342
of this title during the period of the report--
``(i) a description of the activity;
``(ii) the name of the Regional Center that
sponsored the activity;
``(iii) the location and duration of the
training; and
``(iv) the number of officials from the
foreign country who participated the activity.
``(H) With respect to each training event that
commenced under sections 343, 345, 348, 349, 350, or
352 of this title during the period of the report--
``(i) a description of the training;
``(ii) the location and duration of the
training; and
``(iii) the number of personnel of the
foreign country trained.
``(I) With respect to each new project approved
under section 2561 of this title during the period of
the report and funded through the Overseas Humanitarian
Disaster and Civic Aid account--
``(i) the title of the project;
``(ii) a description of the assistance to
be provided; and
``(iii) the anticipated costs to provide
such assistance.''.
(e) Applicability of Amendment to Annual Report Requirements.--With
respect to a report that was required to be submitted under section 386
of title 10, United States Code, prior to the date of the enactment of
this Act, that has not been submitted as of such date and relates to a
year preceding fiscal year 2023, such a report may be submitted in
accordance with--
(1) the requirements of such section 386 as amended by
subsection (d); or
(2) the requirements of such section 386 as in effect on
the day before the date of the enactment of this Act.
SEC. 1203. MODIFICATION OF AUTHORITY FOR PARTICIPATION IN MULTINATIONAL
CENTERS OF EXCELLENCE.
Section 344(f) of title 10, United States Code, is amended--
(1) in paragraph (1)(D), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) the International Special Training Centre,
established in 1979 and located in Pfullendorf, Germany.''.
SEC. 1204. MODIFICATION OF EXISTING AUTHORITIES TO PROVIDE FOR AN
IRREGULAR WARFARE CENTER AND A REGIONAL DEFENSE
FELLOWSHIP PROGRAM.
(a) In General.--Section 345 of title 10, United States Code, is
amended--
(1) by amending the section heading to read as follows:
``Irregular Warfare Center and Regional Defense Fellowship
Program'';
(2) in subsection (a)--
(A) in the subsection heading, by striking
``Program Authorized'' and inserting ``Authorities'';
(B) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary of Defense may--
``(A) operate and administer a Center for Strategic
Studies in Irregular Warfare, to be known as the
`Irregular Warfare Center', in accordance with the
requirements described in subsection (c); and
``(B) carry out a program, to be known as the
`Regional Defense Fellowship Program', to provide for
the education and training of foreign personnel
described in paragraph (2) at military or civilian
educational institutions, the Irregular Warfare Center,
regional centers, conferences, seminars, or other
training programs conducted for purposes of regional
defense in connection with irregular warfare or
combating terrorism.'';
(C) by striking paragraphs (2) and (3); and
(D) by inserting after paragraph (1) (as amended)
the following:
``(2) Covered costs.--The Secretary may pay the following
costs associated with exercising the authorities under this
section:
``(A) Costs of travel, subsistence, and similar
personnel expenses of, and special compensation for--
``(i) defense personnel of friendly foreign
governments to attend activities of the
Irregular Warfare Center or attend the Regional
Defense Fellowship Program;
``(ii) with the concurrence of the
Secretary of State, other personnel of friendly
foreign governments and non-governmental
personnel to attend activities of the Irregular
Warfare Center or attend the Regional Defense
Fellowship Program; and
``(iii) foreign personnel and United States
Government personnel necessary for the
administration and execution of the authorities
under this section.
``(B) Costs associated with the administration and
operation of the Irregular Warfare Center, including
costs associated with--
``(i) research, communication, the exchange
of ideas, curriculum development and review,
and training of military and civilian
participants of the United States and other
countries, as the Secretary considers
necessary; and
``(ii) maintaining an international network
of irregular warfare policymakers and
practitioners to achieve the objectives of the
Department of Defense and the Department of
State.
``(C) Costs associated with strategic engagement
with alumni of the Regional Defense Fellowship Program
to address Department of Defense objectives and
planning on irregular warfare and combating terrorism
topics.'';
(3) in subsection (b)--
(A) in the subsection heading, by striking
``Regulations'' and inserting ``Regulations for
Regional Defense Fellowship Program''; and
(B) in paragraph (1), by striking ``The program
authorized by subsection (a)'' and inserting ``The
authorities granted to the Secretary of Defense under
subsection (a)(1)(B)'';
(4) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(5) by inserting after subsection (b) the following:
``(c) Irregular Warfare Center.--
``(1) Mission.--The mission of the Irregular Warfare Center
shall be to serve as a central mechanism for developing the
irregular warfare knowledge of the Department of Defense and
advancing the understanding of irregular warfare concepts and
doctrine, in collaboration with key partners and allies, by--
``(A) coordinating and aligning Department
education curricula, standards, and objectives related
to irregular warfare;
``(B) facilitating research on irregular warfare,
strategic competition, and the role of the Department
in supporting interagency activities relating to
irregular warfare;
``(C) engaging and coordinating with Federal
departments and agencies and with academia,
nongovernmental organizations, civil society, and
international partners to discuss and coordinate
efforts on security challenges in irregular warfare;
``(D) developing curriculum and conducting training
and education of military and civilian participants of
the United States and other countries, as determined by
the Secretary of Defense; and
``(E) serving as a coordinating body and central
repository for irregular warfare resources, including
educational activities and programs, and lessons
learned across components of the Department.
``(2) Employment and compensation of faculty.--With respect
to the Irregular Warfare Center--
``(A) the Secretary of Defense may, subject to the
availability of appropriations, employ a Director, a
Deputy Director, and such civilians as professors,
instructors, and lecturers, as the Secretary considers
necessary; and
``(B) compensation of individuals employed under
this section shall be as prescribed by the Secretary.
``(3) Partnership with institution of higher education.--
``(A) In general.--In operating the Irregular
Warfare Center, to promote integration throughout the
United States Government and civil society across the
full spectrum of irregular warfare competition and
conflict challenges, the Secretary of Defense may
partner with an institution of higher education (as
such term is defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)).
``(B) Types of partnerships.--The Secretary may
establish a partnership under subparagraph (A) by--
``(i) entering into an intergovernmental
support agreement pursuant to section 2679 of
this title; or
``(ii) entering into a contract or
cooperative agreement or awarding a grant
through the Defense Security Cooperation
University.
``(C) Determination required.--The Secretary of
Defense shall make a determination with respect to the
desirability of partnering with an institution of
higher education in a Government-owned, contractor-
operated partnership, such as the partnership structure
used by the Department of Defense for University
Affiliated Research Centers, for meeting the mission
requirements of the Irregular Warfare Center.
``(4) Roles and responsibilities.--The Secretary of Defense
shall prescribe guidance for the roles and responsibilities of
the relevant components of the Department of Defense in the
administration, operation, and oversight of the Irregular
Warfare Center, which shall include the roles and
responsibilities of the following:
``(A) The Under Secretary of Defense for Policy and
the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict in policy
oversight and governance structure of the Center.
``(B) The Director of the Defense Security
Cooperation Agency, as the Executive Agent in support
of the operation of the Center.
``(C) Any other official of the Department of
Defense, as determined by the Secretary.'';
(6) in subsection (d) (as redesignated), by striking
``subsection (a)'' each place it appears and inserting
``subsection (a)(1)(B)'';
(7) in subsection (e) (as redesignated)--
(A) in paragraph (3), by striking ``subsection
(a)'' and inserting ``subsection (a)(1)(B)''; and
(B) by adding at the end the following:
``(6) A discussion of how the training from the previous
year incorporated lessons learned from ongoing conflicts.'';
and
(8) by inserting after subsection (e) (as redesignated) the
following:
``(f) Annual Review of Irregular Warfare Center.--Not later than
December 1, 2024, and annually thereafter, the Secretary of Defense--
``(1) shall conduct a review of the structure and
activities of the Irregular Warfare Center to determine whether
such structure and activities are appropriately aligned with
the strategic priorities of the Department of Defense and the
applicable combatant commands; and
``(2) may, after an annual review under paragraph (1),
revise the relevant structure and activities so as to more
appropriately align such structure and activities with the
strategic priorities and combatant commands.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter V of chapter 16 of title 10, United States Code, is amended
by striking the item relating to section 345 and inserting the
following:
``345. Irregular Warfare Center and Regional Defense Fellowship
Program.''.
(c) Repeal of Treatment as Regional Center for Security Studies.--
Section 1299L(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat.
4012; 10 U.S.C. 342 note) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(d) Sense of Congress.--It is the sense of Congress that a Center
for Security Studies in Irregular Warfare established under section 345
of title 10, United States Code, as amended by subsection (a), should
be known as the ``John S. McCain III Center for Security Studies in
Irregular Warfare''.
(e) Plan for Irregular Warfare Center.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a
plan for establishing the structure, operations, and
administration of the Irregular Warfare Center described in
section 345(a)(1) of title 10, United States Code, as amended
by subsection (a)(2)(B).
(2) Elements.--The plan required by paragraph (1) shall
include--
(A) a timeline and milestones for the establishment
of the Irregular Warfare Center; and
(B) steps to enter into partnerships and resource
agreements with academic institutions of the Department
of Defense or other academic institutions, including
any agreement for hosting or operating the Irregular
Warfare Center.
SEC. 1205. MODIFICATION TO AUTHORITY TO PROVIDE SUPPORT FOR CONDUCT OF
OPERATIONS.
Notwithstanding subsection (g)(1) of section 331 of title 10,
United States Code, the aggregate value of all logistic support,
supplies, and services provided under paragraphs (1), (4), and (5) of
subsection (c) of such section 331 in each of fiscal years 2023 and
2024 may not exceed $950,000,000.
SEC. 1206. EXTENSION AND MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF
CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED
STATES MILITARY OPERATIONS.
Section 1233 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 393) is amended--
(1) in subsection (a), by striking ``for the period
beginning on October 1, 2021, and ending on December 31, 2022''
and inserting ``for the period beginning on October 1, 2022,
and ending on December 31, 2023''; and
(2) in subsection (d)--
(A) by striking ``during the period beginning on
October 1, 2021, and ending on December 31, 2022'' and
inserting ``during the period beginning on October 1,
2022, and ending on December 31, 2023''; and
(B) by striking ``$60,000,000'' and inserting
``$30,000,000''.
SEC. 1207. MODIFICATION AND EXTENSION OF AUTHORITY TO SUPPORT BORDER
SECURITY OPERATIONS OF CERTAIN FOREIGN COUNTRIES.
(a) Modification.--Subsection (e) of section 1226 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1056; 22 U.S.C. 2151 note) is amended by striking paragraph (4).
(b) Extension.--Subsection (h) of such section is amended by
striking ``December 31, 2023'' and inserting ``December 31, 2025''.
SEC. 1208. SECURITY COOPERATION PROGRAMS WITH FOREIGN PARTNERS TO
ADVANCE WOMEN, PEACE, AND SECURITY.
(a) In General.--During fiscal years 2023 through 2025, the
Secretary of Defense, in coordination with the Secretary of State, may
conduct or support security cooperation programs and activities
involving the national military forces or national-level security
forces of a foreign country, or other covered personnel, to advise,
train, and educate such forces or personnel with respect to--
(1) the recruitment, employment, development, retention,
promotion, and meaningful participation in decisionmaking of
women;
(2) sexual harassment, sexual assault, domestic abuse, and
other forms of violence that disproportionately impact women;
(3) the requirements of women, including providing
appropriate equipment and facilities; and
(4) the implementation of activities described in this
subsection, including the integration of such activities into
security-sector policy, planning, exercises, and training, as
appropriate.
(b) Annual Report.--Not later than 90 days after the end of each of
fiscal years 2023 through 2025, the Secretary of Defense shall submit
to the congressional defense committees a report detailing the
assistance provided under this section and specifying the recipients of
such assistance.
(c) Other Covered Personnel Defined.--In this section, the term
``other covered personnel'' means personnel of the ministry of defense
or other governmental entity carrying out similar functions of a
foreign country.
SEC. 1209. REVIEW OF IMPLEMENTATION OF PROHIBITION ON USE OF FUNDS FOR
ASSISTANCE TO UNITS OF FOREIGN SECURITY FORCES THAT HAVE
COMMITTED A GROSS VIOLATION OF HUMAN RIGHTS.
(a) Sense of Congress.--It is the sense of Congress that the
promotion of human rights is a critical element of Department of
Defense security cooperation programs and activities that advance
United States national security interests and values.
(b) Review.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the commanders of the geographic combatant
commands, shall initiate a review of the policies, guidance,
and processes for Department of Defense-wide implementation of
section 362 of title 10, United States Code.
(2) Elements.--The review required by paragraph (1) shall
include an assessment of the following:
(A) The standards and procedures by which the
Secretary, before making a decision to provide
assistance to a unit of a foreign security force under
section 362 of title 10, United States Code, gives full
consideration to credible information that the unit has
committed a gross violation of human rights, including
credible information available to the Department of
State relating to human rights violations by such unit.
(B) The roles and responsibilities of Department of
Defense components in implementing such section,
including the Under Secretary of Defense for Policy,
the Deputy Assistant Secretary of Defense for Global
Partnerships, the geographic combatant commands, and
the Office of the General Counsel, and whether such
components are adequately funded, resourced, and manned
to carry out their respective roles and
responsibilities.
(C) The standards and procedures by which the
Secretary implements the exception under subsection (b)
of such section based on a determination that all
necessary corrective steps have been taken.
(D) The standards and procedures by which the
Secretary exercises the waiver authority under
subsection (c) of such section based on a determination
that a waiver is required by extraordinary
circumstances.
(E) The policies, standards, and processes for the
remediation of units of foreign security forces
described in such section and resumption of assistance
consistent with such section, and the effectiveness of
such remediation process.
(F) The process by which the Secretary determines
whether a unit of a foreign security force designated
to receive training, equipment, or other assistance
under such section is new or fundamentally different
from its predecessor for which there was determined to
be credible information that the unit had committed a
gross violation of human rights.
(c) Reports.--
(1) Findings of review.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the congressional defense committees a report on the
findings of the review conducted under subsection (b) that
includes any recommendations or corrective actions necessary
with respect to the policies, guidance, and processes for
Department of Defense-wide implementation of section 362 of
title 10, United States Code.
(2) Remediation process.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter through fiscal year 2025, the Secretary
shall submit to the appropriate committees of Congress
a report on the remediation process under section 362
of title 10, United States Code, and resumption of
assistance consistent with such section.
(B) Elements.--Each report required by subparagraph
(A) shall include the following:
(i) An identification of the units of
foreign security forces that currently have
been determined under section 362 of title 10,
United States Code, to be ineligible to receive
Department of Defense training, equipment, or
other assistance.
(ii) With respect to each unit identified
under clause (i), the date on which such
determination was made.
(iii) The number of requests submitted by
geographic combatant commands for review by a
remediation review panel with respect to
resumption of assistance to a unit of a foreign
security force that has been denied assistance
under such section, disaggregated by geographic
combatant command.
(iv) For the preceding reporting period,
the number of--
(I) remediation review panels
convened; and
(II) cases resolved.
(C) Appropriate committees of congress defined.--In
this paragraph, the term ``appropriate committees of
Congress'' means--
(i) the Committee on Armed Services, the
Committee on Foreign Relations, and the
Committee on Appropriations of the Senate; and
(ii) the Committee on Armed Services, the
Committee on Foreign Affairs, and the Committee
on Appropriations of the House of
Representatives.
SEC. 1210. INDEPENDENT ASSESSMENT OF UNITED STATES EFFORTS TO TRAIN,
ADVISE, ASSIST, AND EQUIP THE MILITARY FORCES OF SOMALIA.
(a) In General.--The Secretary of Defense shall provide for an
independent assessment of Department of Defense efforts to train,
advise, assist, and equip the military forces of Somalia.
(b) Conduct of Assessment.--To conduct the assessment required by
subsection (a), the Secretary shall select--
(1) a federally funded research and development center; or
(2) an independent, nongovernmental institute described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code that has
recognized credentials and expertise in national security and
military affairs appropriate for the assessment.
(c) Elements.--The assessment required by subsection (a) shall
include an assessment of the following:
(1) The evolution of United States approaches to training,
advising, assisting, and equipping the military forces of
Somalia.
(2) The extent to which--
(A) the Department has an established plan, with
objectives and milestones, for the effort to train,
advise, assist, and equip such forces;
(B) advisory efforts are meeting objectives,
including whether and the manner in which--
(i) advisors track the operational
effectiveness of such forces; and
(ii) any such data informs future training
and advisory efforts;
(C) the Department sufficiently engages,
collaborates, and deconflicts with--
(i) other Federal departments and agencies
that conduct assistance and advisory
engagements with such forces; and
(ii) international and multilateral
entities that conduct assistance and advisory
engagements with such forces; and
(D) the Department has established and enforced a
policy, processes, and procedures for accountability
relating to equipment provided by the United States to
such forces.
(3) Factors that have hindered, or may in the future
hinder, the development of professional, sustainable, and
capable such forces.
(4) With respect to the effort to train, advise, assist,
and equip such forces, the extent to which the December 2020
decision to reduce and reposition outside Somalia the majority
of the members of the United States Armed Forces assigned to
carry out the effort has impacted the effectiveness of the
effort.
(d) Report.--Not later than December 31, 2023, the entity selected
to conduct the assessment required by subsection (a) shall submit to
the Secretary and the congressional defense committees a report
containing the findings of the assessment.
(e) Funding.--Of the amounts authorized to be appropriated for
fiscal year 2023 and available for operation and maintenance for
Defense-wide activities, up to $1,000,000 shall be made available for
the assessment required by subsection (a).
SEC. 1211. SECURITY COOPERATION ACTIVITIES AT COUNTER-UAS UNIVERSITY.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall brief the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives on how the Department of Defense intends to bolster
security cooperation activities with allies and partners at the C-UAS
University, including an identification of any shortfalls in resourcing
or gaps in authorities that could inhibit these security cooperation
efforts.
SEC. 1212. DEFENSE OPERATIONAL RESILIENCE INTERNATIONAL COOPERATION
PILOT PROGRAM.
(a) Establishment.--The Secretary of Defense, in consultation with
the Secretary of State and in coordination with the commanders of the
geographic combatant commands, may establish a pilot program, to be
known as the ``Defense Operational Resilience International Cooperation
Pilot Program'' (in this section referred to as the ``pilot program'')
to support engagement with military forces of partner countries on
defense-related environmental and operational energy issues in support
of the theater campaign plans of the geographic combatant commands.
(b) Duration.--The Secretary of Defense may carry out the pilot
program during the period beginning on the date of the enactment of
this Act and ending on December 31, 2025.
(c) Limitations.--
(1) Purposes.--The pilot program shall be limited to the
following purposes:
(A) To build military-to-military relationships in
support of the efforts of the Department of Defense to
engage in long-term strategic competition.
(B) To sustain the mission capability and forward
posture of the Armed Forces of the United States.
(C) To enhance the capability, capacity, and
resilience of the military forces of partner countries.
(2) Prohibited assistance.--The Secretary may not use the
pilot program to provide assistance that is in violation of
section 362 of title 10, United States Code, or otherwise
prohibited by law.
(3) Security cooperation.--The Secretary shall plan and
prioritize assistance, training, and exercises with partner
countries pursuant to the pilot program in a manner that is
consistent with applicable guidance relating to security
cooperation program and activities of the Department of
Defense.
(d) Funding.--Of amounts authorized to be appropriated by this Act
for each of fiscal years 2023 through 2025 and available for operation
and maintenance, the Secretary may make available $10,000,000 to
support the pilot program, which shall be allocated in accordance with
the priorities of the commanders of the geographic combatant commands.
(e) Annual Report.--
(1) In general.--With respect to each year the Secretary
carries out the pilot program, the Secretary shall submit to
the congressional defense committees a report on obligations
and expenditures made to carry out the pilot program during the
fiscal year that precedes the year during which each such
report is submitted.
(2) Deadline.--The Secretary shall submit each such report
not later than March 1 of each year during which the Secretary
has authority to carry out the pilot program.
(3) Elements.--Each such report shall include the
following:
(A) An accounting of each obligation and
expenditure made to carry out the pilot program,
disaggregated, where applicable, by partner country and
military force of a partner country.
(B) An explanation of the manner in which each such
obligation or expenditure--
(i) supports the national defense of the
United States; and
(ii) is in accordance with limitations
described in subsection (c).
(C) Any other matter the Secretary determines to be
relevant.
(f) Temporary Cessation of Authorization.--No funds authorized to
be appropriated or otherwise made available for any of fiscal years
2023 through 2025 for the Department of Defense may be made available
for the ``Defense Environmental International Cooperation Program''.
During the period specified in subsection (b), all activities and
functions of the ``Defense Environmental International Cooperation
Program'' may only be carried out under the pilot program.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1221. EXTENSION OF AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS
INJURY AND LOSS.
Section 1213(a) of the National Defense Authorization Act for
Fiscal Year 2020 (10 U.S.C. 2731 note) is amended by striking
``December 31, 2023'' and inserting ``December 31, 2033''.
SEC. 1222. ADDITIONAL MATTERS FOR INCLUSION IN REPORTS ON OVERSIGHT IN
AFGHANISTAN.
Section 1069(a) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1912) is amended--
(1) by redesignating paragraphs (9) through (16) as
paragraphs (14) through (21), respectively;
(2) by inserting after paragraph (8) the following new
paragraphs:
``(9) An assessment of the status of--
``(A) defense intelligence assets dedicated to
Afghanistan and used by the Department of Defense,
including the types and amounts of intelligence,
surveillance, and reconnaissance coverage over
Afghanistan during the period covered by the report;
and
``(B) the ability of the United States to detect
emerging threats emanating from Afghanistan against the
United States, its allies, and its partners.
``(10) An assessment of local or indigenous
counterterrorism partners of the Department of Defense.
``(11) An assessment of risks to the mission and risks to
United States military personnel involved in over-the-horizon
counterterrorism operations.
``(12) An update on Department of Defense efforts to secure
new basing or access agreements with countries in Central Asia.
``(13) An update on the policy guidance for
counterterrorism operations of the Department of Defense in
Afghanistan.''; and
(3) in paragraph (18), as so redesignated, by striking
``Afganistan'' and inserting ``Afghanistan''.
SEC. 1223. PROHIBITION ON TRANSPORTING CURRENCY TO THE TALIBAN AND THE
ISLAMIC EMIRATE OF AFGHANISTAN.
None of the amounts authorized to be appropriated by this Act or
otherwise made available to the Department of Defense may be made
available for the operation of any aircraft of the Department of
Defense to transport currency or other items of value to the Taliban,
the Islamic Emirate of Afghanistan, or any subsidiary, agent, or
instrumentality of either the Taliban or the Islamic Emirate of
Afghanistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
SEC. 1231. MODIFICATION OF ANNUAL REPORT ON THE MILITARY CAPABILITIES
OF IRAN AND RELATED ACTIVITIES.
Section 1245(b)(3) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84) is amended--
(1) in subparagraph (B), by striking ``and regional
militant groups'' and all that follows and inserting ``,
regional militant groups, and Iranian-linked proxy groups, in
particular those forces as having been assessed as to be
willing to carry out terrorist operations on behalf of Iran or
in response to a military attack by another country on Iran;'';
(2) by redesignating subparagraphs (C) through (G) as
subparagraphs (E) through (I), respectively;
(3) by inserting after subparagraph (B) the following:
``(C) the types and amount of support to be
assessed under subparagraph (B) shall include support
provided to Lebanese Hezbollah, Hamas, Palestinian
Islamic Jihad, the Popular Front for the Liberation of
Palestine, Asa'ib ahl al-Haq, Harakat Hezbollah al-
Nujaba, Kata'ib Sayyid al-Shuhada, Kata'ib al-Imam Ali,
Kata'ib Hezbollah, the Badr Organization, the
Fatemiyoun, the Zainabiyoun, and Ansar Allah (also
known as the `Houthis');
``(D) the threat from Special Groups in Iraq,
including Kata'ib Hezbollah and Asa'ib Ahl al-Haq, to
United States and coalition forces located in Iraq and
Syria;''; and
(4) in subparagraph (I), as redesignated, by striking the
period at the end and inserting ``; and''; and
(5) by adding at the end the following:
``(J) all formal or informal agreements involving a
strategic military or security partnership with the
Russian Federation, the People's Republic of China, or
any proxies of either such country.''.
SEC. 1232. EXTENSION OF AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES
OF THE OFFICE OF SECURITY COOPERATION IN IRAQ.
(a) Source of Funds.--Subsection (d) of section 1215 of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law
114-92; 129 Stat. 1045; 10 U.S.C. 113 note) is amended by striking
``fiscal year 2022'' and inserting ``fiscal year 2023''.
(b) Limitation on Availability of Funds.--Of the amounts authorized
to be appropriated by this Act or otherwise made available for fiscal
year 2023 for the Office of the Secretary of the Air Force for travel
expenses, not more than 90 percent may be obligated or expended until
the date on which a staffing plan for the Office of Security
Cooperation in Iraq is implemented.
(c) Waiver.--The Secretary of Defense may waive the restriction on
the obligation or expenditure of funds imposed by subsection (b) if the
Secretary of Defense determines that implementation of such a staffing
plan is not feasible and submits to the congressional defense
committees, at the time the waiver is invoked, a notification of the
waiver that includes a justification detailing the reasons for which
such a plan cannot be implemented.
SEC. 1233. EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE TO VETTED
SYRIAN GROUPS AND INDIVIDUALS.
(a) Extension.--Subsection (a) of section 1209 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3541) is amended, in
the matter preceding paragraph (1), by striking ``December 31, 2022''
and inserting ``December 31, 2023''.
(b) Limitation on Cost of Construction and Repair Projects.--
Subsection (l)(3)(D) of such section is amended by striking ``December
31, 2022'' and inserting ``December 31, 2023''.
SEC. 1234. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND
SYRIA.
(a) In General.--Subsection (a) of section 1236 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3558) is amended, in
the matter preceding paragraph (1), by striking ``December 31, 2022''
and inserting ``December 31, 2023''.
(b) Funding.--Subsection (g) of such section is amended--
(1) by striking ``fiscal year 2022'' and inserting ``fiscal
year 2023''; and
(2) by striking ``$345,000,000'' and inserting
``$358,000,000''.
(c) Limitation on Cost of Construction and Repair Projects.--
Subsection (o)(5) of such section is amended by striking ``December 31,
2022'' and inserting ``December 31, 2023''.
SEC. 1235. PROHIBITION ON TRANSFERS TO IRAN.
None of the amounts authorized to be appropriated by this Act or
otherwise made available to the Department of Defense may be made
available to transfer or facilitate a transfer of pallets of currency,
currency, or other items of value to the Government of Iran, any
subsidiary of such Government, or any agent or instrumentality of Iran.
SEC. 1236. REPORT ON ISLAMIC REVOLUTIONARY GUARD CORPS-AFFILIATED
OPERATIVES ABROAD.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense, shall submit to the appropriate congressional
committees a report that includes a detailed description of--
(1) all Islamic Revolutionary Guard Corps-affiliated
operatives serving in diplomatic and consular posts abroad; and
(2) the ways in which the Department of State and the
Department of Defense are working with partner countries to
inform them of the threat posed by Islamic Revolutionary Guard
Corps-affiliated officials serving in diplomatic and consular
roles in third party countries.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form but may contain a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1237. ASSESSMENT OF SUPPORT TO IRAQI SECURITY FORCES AND KURDISH
PESHMERGA FORCES TO COUNTER AIR AND MISSILE THREATS.
(a) In General.--Not later than April 1, 2023, the Secretary of
Defense shall submit to the congressional defense committees a report
on support to Iraqi Security Forces and Kurdish Peshmerga Forces to
counter air and missile threats.
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) An assessment of the threat from missiles, rockets, and
unmanned aerial systems (UAS) to United States and coalition
armed forces located in Iraq, including the Iraqi Kurdistan
Region.
(2) An assessment of the current state of air defense
capabilities of United States and coalition armed forces
located in Iraq, including the Iraqi Kurdistan Region.
(3) Identification of perceived gaps in air defense
capabilities of United States and coalition armed forces and
the implications for the security of such forces in Iraq,
including the Iraqi Kurdistan Region.
(4) Recommendations for training or equipment needed to
overcome the assessed air defense deficiencies of United States
and coalition armed forces in Iraq, including the Iraqi
Kurdistan Region.
(5) An assessment of the current state of the air defense
capabilities of partner armed forces in Iraq, including the
Iraqi Security Forces and Kurdish Peshmerga Forces.
(6) An assessment of the perceived gaps in air defense
capabilities of partner armed forces in Iraq, including the
Iraqi Security Forces and Kurdish Peshmerga Forces.
(7) An assessment of recommended training and equipment and
available level of equipment to maximize air defense
capabilities of partner armed forces in Iraq, including the
Iraqi Security Forces and Kurdish Peshmerga Forces.
(8) Such other matters as the Secretary considers
appropriate.
SEC. 1238. INTERAGENCY STRATEGY TO DISRUPT AND DISMANTLE NARCOTICS
PRODUCTION AND TRAFFICKING AND AFFILIATED NETWORKS LINKED
TO THE REGIME OF BASHAR AL-ASSAD IN SYRIA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Captagon trade linked to the regime of Bashar al-
Assad in Syria is a transnational security threat; and
(2) the United States should develop and implement an
interagency strategy to deny, degrade, and dismantle Assad-
linked narcotics production and trafficking networks.
(b) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on the Judiciary of the Senate;
(4) the Committee on Foreign Relations of the Senate;
(5) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(6) the Select Committee on Intelligence of the Senate;
(7) the Committee on Armed Services of the House of
Representatives;
(8) the Committee on Appropriations of the House of
Representatives;
(9) the Committee on the Judiciary of the House of
Representatives;
(10) the Committee on Foreign Affairs of the House of
Representatives;
(11) the Committee on Financial Services of the House of
Representatives; and
(12) the Permanent Select Committee on Intelligence of the
House of Representatives.
(c) Strategy Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, the Secretary of
the Treasury, the Administrator of the Drug Enforcement
Administration, the Director of National Intelligence, the
Director of the Office of National Drug Control Policy, and the
heads of other appropriate Federal agencies, shall provide a
written strategy (with a classified annex, if necessary), to
the appropriate congressional committees for disrupting and
dismantling narcotics production and trafficking and affiliated
networks linked to the regime of Bashar al-Assad in Syria.
(2) Contents.--The strategy required under paragraph (1)
shall include--
(A) a detailed plan for--
(i) targeting, disrupting and degrading
networks that directly and indirectly support
the narcotics infrastructure of the Assad
regime, particularly through diplomatic and
intelligence support to law enforcement
investigations; and
(ii) building counter-narcotics capacity to
partner countries through assistance and
training to law enforcement services in
countries (other than Syria) that are receiving
or transiting large quantities of Captagon;
(B)(i) the identification of the countries that are
receiving or transiting large shipments of Captagon;
(ii) an assessment of the counter-narcotics
capacity of such countries to interdict or disrupt the
smuggling of Captagon; and
(iii) an assessment of current United States
assistance and training programs to build such capacity
in such countries;
(C) the use of sanctions, including sanctions
authorized under section the Caesar Syria Civilian
Protection Act of 2019 (22 U.S.C. 8791 note; title
LXXIV of division F of Public Law 116-92), and
associated actions to target individuals and entities
directly or indirectly associated with the narcotics
infrastructure of the Assad regime;
(D) the use of global diplomatic engagements
associated with the economic pressure campaign against
the Assad regime to target its narcotics
infrastructure;
(E) leveraging multilateral institutions and
cooperation with international partners to disrupt the
narcotics infrastructure of the Assad regime; and
(F) mobilizing a public communications campaign to
increase awareness of the extent of the connection of
the Assad regime to the illicit narcotics trade.
SEC. 1239. PROHIBITION ON TRANSFERS TO BADR ORGANIZATION.
None of the amounts authorized to be appropriated by this Act or
otherwise made available to the Department of Defense may be made
available, directly or indirectly, to the Badr Organization.
SEC. 1240. REPORT ON UNITED NATIONS ARMS EMBARGO ON IRAN.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State, in consultation with the Secretary of
Defense, shall submit to the Committees on Armed Services of the Senate
and the House of Representatives, the Committee on Foreign Relations of
the Senate, and the Committee on Foreign Affairs of the House of
Representatives an unclassified report, which may include a classified
annex, that includes--
(1) a detailed assessment of whether and how Iranian arms
proliferation, particularly drone proliferation, has increased
following the expiration of the United Nations arms embargo on
Iran in October 2020; and
(2) a description of the measures that the Departments of
State and Defense are taking to constrain Iran's ability to
supply, sell, or transfer, directly or indirectly, arms or
related materiel, including spare parts, to include Iranian
proliferation of drones.
Subtitle D--Matters Relating to Russia
SEC. 1241. MODIFICATION AND EXTENSION OF UKRAINE SECURITY ASSISTANCE
INITIATIVE.
(a) Authority to Provide Assistance.--Subsection (a) of section
1250 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1608) is amended to read as follows:
``(a) Authority to Provide Assistance.--
``(1) In general.--Amounts available for a fiscal year
under subsection (f) shall be available to the Secretary of
Defense, with the concurrence of the Secretary of State, to
provide, for the purposes described in paragraph (2),
appropriate security assistance and intelligence support,
including training, equipment, and logistics support, supplies
and services, salaries and stipends, and sustainment, to--
``(A) the military and national security forces of
Ukraine; and
``(B) other forces or groups recognized by, and
under the authority of, the Government of Ukraine,
including governmental entities within Ukraine that are
engaged in resisting Russian aggression.
``(2) Purposes described.--The purposes described in this
paragraph are as follows:
``(A) To enhance the capabilities of the military
and other security forces of the Government of Ukraine
to defend against further aggression.
``(B) To assist Ukraine in developing the combat
capability to defend its sovereignty and territorial
integrity.
``(C) To support the Government of Ukraine in
defending itself against actions by Russia and Russian-
backed separatists.''.
(b) Appropriate Security Assistance and Intelligence Support.--
Subsection (b) of such section is amended in paragraph (4) to read as
follows:
``(4) Manned and unmanned aerial capabilities, including
tactical surveillance systems and fixed and rotary-wing
aircraft, such as attack, strike, airlift, and surveillance
aircraft.''.
(c) Availability of Funds.--Subsection (c) of such section is
amended--
(1) in paragraph (1), by striking ``funds available for
fiscal year 2022 pursuant to subsection (f)(7)'' and inserting
``funds available for fiscal year 2023 pursuant to subsection
(f)(8)'';
(2) in paragraph (3), by striking ``fiscal year 2022'' and
inserting ``fiscal year 2023'';
(3) by striking paragraph (5); and
(4) by adding at the end the following:
``(6) Waiver of certification requirement.--The Secretary
of Defense, with the concurrence of the Secretary of the State,
may waive the certification requirement in paragraph (2) if the
Secretary 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
certification, not later than 5 days after exercising the
waiver, that doing so is in the national interest of the United
States due to exigent circumstances caused by the Russian
invasion of Ukraine.''.
(d) United States Inventory and Other Sources.--Subsection (d) of
such section is amended--
(1) in paragraph (1), by inserting ``, and to recover or
dispose of such weapons or other defense articles, or to make
available such weapons or articles to ally and partner
governments to replenish comparable stocks which ally or
partner governments have provided to the Government of
Ukraine,'' after ``and defense services''; and
(2) by adding at the end the following:
``(3) Congressional notification.--Not later than 10 days
before providing replenishment to an ally or partner government
pursuant to paragraph (1), the Secretary of Defense shall
transmit 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 notification
containing the following:
``(A) An identification of the recipient foreign
country.
``(B) A detailed description of the articles to be
provided, including the dollar value, origin, and
capabilities associated with the articles.
``(C) A detailed description of the articles
provided to Ukraine to be replenished, including the
dollar value, origin, and capabilities associated with
the articles.
``(D) The impact on United States stocks and
readiness of transferring the articles.
``(E) An assessment of any security, intellectual
property, or end use monitoring issues associated with
transferring the articles.''.
(e) Funding.--Subsection (f) of such section is amended by adding
at the end the following:
``(8) For fiscal year 2023, $800,000,000.''.
(f) Termination of Authority.--Subsection (h) of such section is
amended by striking ``December 31, 2023'' and inserting ``December 31,
2024''.
(g) Waiver of Certification Requirement.--Such section is amended--
(1) by redesignating the second subsection (g) as
subsection (i); and
(2) by adding at the end the following:
``(j) Expedited Notification Requirement.--Not later than 15 days
before providing assistance or support under subsection (a), or as far
in advance as is practicable if the Secretary of Defense determines, on
a case-by-case basis, that extraordinary circumstances exist that
impact the national security of the United States, the Secretary shall
transmit 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 notification containing a detailed
description of the assistance or support to be provided, including--
``(1) the objectives of such assistance or support;
``(2) the budget for such assistance or support; and
``(3) the expected or estimated timeline for delivery of
such assistance or support.''.
SEC. 1242. EXTENSION OF LIMITATION ON MILITARY COOPERATION BETWEEN THE
UNITED STATES AND RUSSIA.
Section 1232(a) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488), is amended by
striking ``2021, or 2022'' and inserting ``2021, 2022, 2023, 2024,
2025, 2026, or 2027''.
SEC. 1243. MODIFICATION TO ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE RUSSIAN FEDERATION.
Section 1234 of the National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283; 134 Stat. 3936) is amended--
(1) in subsection (b)--
(A) by redesignating paragraph (24) as paragraph
(26); and
(B) by inserting after paragraph (23) the
following:
``(24) The impacts of United States sanctions on
improvements to the Russian military and its proxies, including
an assessment of the impacts of the maintenance or revocation
of such sanctions.
``(25) A detailed description of--
``(A) how Russian private military companies are
being utilized to advance the political, economic, and
military interests of the Russian Federation;
``(B) the direct or indirect threats Russian
private military companies present to United States
security interests; and
``(C) how sanctions that are currently in place to
impede or deter Russian private military companies from
continuing their malign activities have impacted the
Russian private military companies' behavior.''; and
(2) in subsection (e)--
(A) in paragraph (1), by inserting ``, the
Permanent Select Committee on Intelligence,'' after
``the Committee on Armed Services''; and
(B) in paragraph (2), by inserting ``, the Select
Committee on Intelligence,'' after ``the Committee on
Armed Services''.
SEC. 1244. TEMPORARY AUTHORIZATIONS RELATED TO UKRAINE AND OTHER
MATTERS.
(a) Temporary Authorizations for Covered Agreements Related to
Ukraine.--
(1) Covered agreement defined.--In this subsection, the
term ``covered agreement'' includes a contract, subcontract,
transaction, or modification of a contract, subcontract, or
transaction awarded by the Department of Defense--
(A) to build the stocks of critical munitions and
other defense articles of the Department;
(B) to provide materiel and related services to
foreign allies and partners that have provided support
to the Government of Ukraine; and
(C) to provide materiel and related services to the
Government of Ukraine.
(2) Public interest.--
(A) In general.--A covered agreement may be
presumed to be in the public interest for purposes of
meeting the requirements of subsection (a)(7) of
section 3204 of title 10, United States Code.
(B) Procedures.--Notwithstanding the provisions of
subsection (a)(7) of section 3204 of title 10, United
States Code, with respect to a covered agreement--
(i) the head of an agency may delegate the
authority under that subsection to an officer
or employee who--
(I) in the case of an officer or
employee who is a member of the Armed
Forces, is serving in a grade at or
above brigadier general or rear admiral
(lower half); or
(II) in the case of a civilian
officer or employee, is serving in a
position with a grade under the General
Schedule (or any other schedule for
civilian officers or employees) that is
comparable to or higher than the grade
of brigadier general or rear admiral
(lower half); and
(ii) not later than 7 days before using the
applicable procedures under section 3204 of
title 10, United States Code, the head of an
agency, or a designee of the head of an agency,
shall submit to the congressional defense
committees a written notification of the use of
such procedures.
(C) Documentation.--Consistent with paragraph
(4)(C) of subsection (e) of section 3204 of title 10,
United States Code, the documentation otherwise
required by paragraph (1) of such subsection is not
required in the case of a covered agreement.
(3) Procurement authorities.--The special emergency
procurement authorities provided under subsections (b) and (c)
of section 1903 of title 41, United States Code, may be used by
the Department of Defense for a covered agreement.
(4) Undefinitized contractual actions.--The head of an
agency may waive the provisions of subsections (a) and (c) of
section 3372 of title 10, United States Code, for a covered
agreement.
(5) Technical data packages for large-caliber cannon.--The
requirements of section 7542 of title 10, United States Code,
do not apply to the transfer of technical data to an
international partner for the production of large-caliber
cannons produced for--
(A) the replacement of defense articles from stocks
of the Department of Defense provided to the Government
of Ukraine or to foreign countries that have provided
support to Ukraine at the request of the United States,
or
(B) contracts awarded by the Department of Defense
to provide materiel directly to the Government of
Ukraine.
(6) Temporary exemption from certified cost and pricing
data requirements.--
(A) In general.--At the Federal Government's
discretion, the requirements under section 3702 of
title 10, United States Code, shall not apply to a
covered agreement awarded on a fixed-price incentive
firm target basis, where target price equals ceiling
price, and the Government underrun share ratio is a
minimum of 60 percent with a cap for the negotiated
profit dollars of 15 percent of target cost.
(B) Use of exemption.--The following shall apply to
an exemption under subparagraph (A):
(i) Awarded profit dollars shall be fixed,
but the contractor may ultimately realize a
profit rate of higher than 15 percent by
underrunning target costs.
(ii) The target prices negotiated by the
Federal Government shall not exceed the most
recent negotiated prices for the same items
while allowing for appropriate adjustments,
including those for quantity differences or
relevant, applicable economic indices.
(C) Application.--An exemption under subparagraph
(A) shall apply to subcontracts under prime contracts
that are exempt under this paragraph.
(7) Termination of temporary authorizations.--The
provisions of this subsection shall terminate on September 30,
2024.
(b) Modification of Cooperative Logistic Support Agreements: NATO
Countries.--Section 2350d of title 10, United States Code, is amended--
(1) in the section heading, by striking ``logistic
support'' and inserting ``acquisition and logistics support'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``logistics support'' and
inserting ``acquisition and logistics
support''; and
(ii) in subparagraph (B), by striking
``logistic support'' and inserting
``acquisition and logistics support''; and
(B) in paragraph (2)(B), by striking ``logistics
support'' and inserting ``armaments and logistics
support''; and
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``Partnership Agreement'' and inserting
``Partnership Agreement or Arrangement'';
(B) in paragraph (1)--
(i) by striking ``supply and acquisition of
logistics support in Europe for requirements''
and inserting ``supply, services, support, and
acquisition, including armaments for
requirements''; and
(ii) by striking ``supply and acquisition
are appropriate'' and inserting ``supply,
services, support, and acquisition are
appropriate''; and
(C) in paragraph (2), by striking ``logistics
support'' each place it appears and inserting
``acquisition and logistics support''.
(c) Multiyear Procurement Authority for Certain Munitions.--
(1) Authority for multiyear procurement.--Subject to the
provisions of section 3501 of title 10, United States Code, set
forth in paragraph (3), the head of an agency may enter into
one or more multiyear contracts, beginning in fiscal year 2023,
for the procurement of up to--
(A) 864,000 XM1128, XM1113, M107, and M795 (155mm
rounds);
(B) 12,000 AGM-179 Joint Air-to-Ground Missiles
(JAGM);
(C) 700 M142 High Mobility Artillery Rocket Systems
(HIMARS);
(D) 1,700 MGM-140 Army Tactical Missile Systems
(ATACMS);
(E) 2,600 Harpoons;
(F) 1,250 Naval Strike Missiles;
(G) 106,000 Guided Multiple Launch Rocket Systems
(GMLRS);
(H) 3,850 PATRIOT Advanced Capability-3 (PAC-3)
Missile Segment Enhancement (MSE);
(I) 5,600 FIM-92 Stinger;
(J) 28,300 FGM-148 Javelin;
(K) 5,100 AIM-120 Advanced Medium-Range Air-to-Air
Missile (AMRAAM);
(L) 2,250,000 Modular Artillery Charge System
(MACS);
(M) 12,050 155m Excalibur M982A1;
(N) 950 Long Range Anti-Ship Missiles (LRASM);
(O) 3,100 Joint Air-to-Surface Standoff Missiles
(JASSM);
(P) 1,500 Standard Missle-6 Missiles (SM-6); and
(Q) 5,100 Sidewinder Missiles (AIM-9X).
(2) Procurement in conjunction with existing contracts.--
The systems authorized to be procured under paragraph (1) may
be procured as additions to existing contracts covering such
programs.
(3) Limited applicability of other law.--In applying
section 3501 of title 10, United States Code, to paragraph (1),
only the following provisions of that section shall apply:
(A) Subsection (f).
(B) Subsection (g), in which the term ``contract
described in subsection (a)'' shall mean a contract
awarded pursuant to the authority of this subsection.
(C) Subsection (i)(1).
(D) Subsection (l)(3).
(4) Authority for advance procurement.--To the extent and
in such amounts as specifically provided in advance in
appropriations Acts for the purposes described in paragraph
(1), the head of an agency may enter into one or more contracts
for advance procurement associated with a program for which
authorization to enter into a contract is provided under
paragraph (1) and for systems and subsystems associated with
such program in economic order quantities when cost savings are
achievable.
(5) Condition for out-year contract payments.--A contract
entered into under paragraph (1) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2023 is subject to
the availability of appropriations for that purpose for such
later fiscal year.
(d) Definition.--In this section, the term ``head of an agency''
means--
(1) the Secretary of Defense;
(2) the Secretary of the Army;
(3) the Secretary of the Navy; or
(4) the Secretary of the Air Force.
SEC. 1245. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY
OF THE RUSSIAN FEDERATION OVER INTERNATIONALLY RECOGNIZED
TERRITORY OF UKRAINE.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2023 for the
Department of Defense may be obligated or expended to implement any
activity that recognizes the sovereignty of the Russian Federation over
territory internationally recognized to be the sovereign territory of
Ukraine, including Crimea and the territory Russia claims to have
annexed in Kherson Oblast, Zaporizhzia Oblast, Donetsk Oblast, and
Luhansk Oblast.
(b) Waiver.--The Secretary of Defense, with the concurrence of the
Secretary of State, may waive the prohibition under subsection (a) if
the Secretary of Defense--
(1) determines that the waiver is in the national security
interest of the United States; and
(2) on the date on which the waiver is invoked, submits a
notification of the waiver and a justification of the reason
for seeking the waiver to--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 1246. REPORT ON DEPARTMENT OF DEFENSE PLAN FOR THE PROVISION OF
SHORT AND MEDIUM-TERM SECURITY ASSISTANCE TO UKRAINE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the heads of other relevant Federal agencies, shall submit to the
congressional defense committees a report outlining in detail the plan
of the Department of Defense for the provision of security assistance
to the armed forces of Ukraine.
(b) Matters to Be Included.--The report required by subsection (a)
shall include--
(1) primary focus areas for the provision of security
assistance to the armed forces of Ukraine by the Department of
Defense, including priority capabilities, the funding streams
used, and a plan to fulfill training, maintenance, and
sustainment requirements associated with such assistance--
(A) over the next 3 to 6 months; and
(B) over the next 12 to 24 months; and
(2) any other matters the Secretary determines appropriate.
SEC. 1247. OVERSIGHT OF UNITED STATES ASSISTANCE TO UKRAINE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) continued assistance to Ukraine as it fights against
the unjust and unprovoked attack by Russia is of critical
importance to United States national security interests, and
oversight and transparency for such assistance is essential to
ensure effective and sustained support;
(2) the executive branch has established the interagency
Ukraine Oversight Working Group, which focuses on conducting
comprehensive oversight, and issued the interagency U.S. Plan
to Counter Illicit Diversion of Certain Advanced Conventional
Weapons in Eastern Europe, a whole-of-government effort to
advance accountability and end-use monitoring of weapons
provided in response to the Ukraine crisis, and continued
attention and regular briefings to relevant congressional
oversight committees on such efforts is imperative;
(3) each United States department and agency providing or
facilitating assistance to Ukraine should continue to implement
and institutionalize appropriate transparency, accountability,
and end-use monitoring measures, including exploring creative
approaches to overcoming the challenges associated with
delivering assistance during an active armed conflict, as is
detailed in the interagency Plan to Counter Illicit Diversion;
(4) Inspectors General must continue to carry out
comprehensive oversight and conduct reviews, audits,
investigations, and inspections of United States support and
activities carried out in response to Russia's further invasion
of Ukraine, and provide regular briefings to the appropriate
congressional committees on their findings;
(5) the United States and its allies and partners should
continue to support Ukrainian anti-corruption institutions and
e-platforms, including the National Agency for Corruption
Prevention, the National Anti-Corruption Bureau of Ukraine, and
the Specialized Anti-Corruption Prosecutor's Office, in their
work to ensure effective assistance delivery and prevent
incidents of waste, fraud, and abuse; and
(6) Ukrainian authorities should also continue to establish
new transparency, accountability, and end-use monitoring
initiatives both independently and in partnership with relevant
United States departments and agencies and other international
partners, and the United States should continue to work with
counterparts in Ukraine and other countries supporting their
efforts to further mutual efforts to strengthen and
institutionalize accountability measures and mechanisms.
(b) Report.--
(1) In general.--Not later than April 1, 2023, the
Inspector General of the Department of Defense, in conjunction
with the Inspector General of the Department of State and the
Inspector General of the United States Agency for International
Development and in consultation with other Inspectors General
as appropriate, shall submit to the appropriate congressional
committees a report on the oversight framework established with
respect to United States assistance to Ukraine.
(2) Matters to be included.--The report required by this
subsection shall include the following:
(A) The framework the relevant Inspectors General
are currently using or plan to adopt to oversee
assistance to Ukraine in the immediate and longer term,
including an identification of the United States
departments and agencies providing or facilitating such
assistance.
(B) Whether there are any gaps in oversight over
the activities and funds for assistance to Ukraine.
(C) An assessment of any failures by United States,
bilateral, or multilateral organizations to work with
such Inspectors General in a timely and transparent
manner.
(D) A description of the footprint in Europe of
such Inspectors General for purposes of oversight of
assistance to Ukraine, including presence and access in
Ukraine.
(E) To the extent practicable and appropriate, a
description of any known incidents of the misuse of
assistance to Ukraine, including incidents of waste,
fraud, abuse, diversion, or corruption.
(F) Any lessons learned from the manner in which
oversight over assistance to Ukraine has been
conducted.
(G) Any findings or recommendations with respect to
assistance to Ukraine.
(c) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
Subtitle E--Matters Relating to the Indo-Pacific Region
SEC. 1251. MODIFICATION TO ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF CHINA.
Section 1202(b) of the National Defense Authorization Act for
Fiscal Year 2000 (10 U.S.C. 113 note) is amended as follows:
(1) In paragraph (5)--
(A) in subparagraph (A), by inserting ``special
operations,'' after ``theater-level commands,''; and
(B) in subparagraph (B), by striking ``A summary''
and inserting ``a summary''.
(2) In paragraph (7)(B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iv) the Middle East.''.
(3) In paragraph (8), by adding at the end the following:
``(F) Special operations capabilities.''.
SEC. 1252. MODIFICATION OF INDO-PACIFIC MARITIME SECURITY INITIATIVE TO
AUTHORIZE USE OF FUNDS FOR THE COAST GUARD.
Section 1263 of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 333 note) is amended by striking subsection (f)
and inserting the following new subsection (f):
``(f) Availability of Funds for Coast Guard Personnel and
Capabilities.--The Secretary of Defense may use funds made available
under this section to facilitate the participation of Coast Guard
personnel in, and the use of Coast Guard capabilities for, training,
exercises, and other activities with foreign countries under this
section.''.
SEC. 1253. MODIFICATION OF PROHIBITION ON PARTICIPATION OF THE PEOPLE'S
REPUBLIC OF CHINA IN RIM OF THE PACIFIC (RIMPAC) NAVAL
EXERCISES TO INCLUDE CESSATION OF GENOCIDE BY CHINA.
Section 1259(a)(1) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 321 note) is
amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) ceased committing genocide in China, as
articulated in the Department of State's Country Report
on Human Rights Practices released on April 12, 2022,
and engaged in a credible justice and accountability
process for all victims of such genocide.''.
SEC. 1254. EXTENSION AND MODIFICATION OF PACIFIC DETERRENCE INITIATIVE.
(a) Extension.--Subsection (c) of section 1251 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (10 U.S.C. 113 note) is amended--
(1) by striking ``the National Defense Authorization Act
for Fiscal Year 2022'' and inserting ``the National Defense
Authorization Act for Fiscal Year 2023''; and
(2) by striking ``fiscal year 2022'' and inserting ``fiscal
year 2023''.
(b) Report on Resourcing United States Defense Requirements for the
Indo-Pacific Region and Study on Competitive Strategies.--Subsection
(d)(1) of such section is amended--
(1) in subparagraph (A), by striking ``fiscal years 2023
and 2024'' and inserting ``fiscal years 2024 and 2025''; and
(2) in subparagraph (B)--
(A) in clause (v), by striking ``security
cooperation activities or resources'' and inserting
``security cooperation authorities, activities, or
resources'';
(B) in clause (vi)(I)(aa)--
(i) in subitem (AA), by striking ``to
modernize and strengthen the'' and inserting
``to improve the posture and''; and
(ii) in subitem (FF)--
(I) by striking ``to improve'' and
inserting ``to modernize and improve'';
and
(II) by striking the semicolon at
the end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vii) A budget display, prepared with the
assistance of the Under Secretary of Defense
(Comptroller), that compares the independent
assessment of the Commander of the United
States Indo-Pacific Command with the amounts
contained in the budget display for the
applicable fiscal year under subsection (f).''.
SEC. 1255. EXTENSION OF AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN
CLEANUP.
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 2022'' and inserting
``fiscal year 2023''.
SEC. 1256. ENHANCED INDICATIONS AND WARNING FOR DETERRENCE AND
DISSUASION.
(a) Establishment of Program for Enhanced Indications and
Warning.--
(1) Authority.--The Director of the Defense Intelligence
Agency may establish a program to increase warning time of
potential aggression by adversary nation states, focusing
especially on the United States Indo-Pacific Command and United
States European Command areas of operations.
(2) Designation.--If the Director establishes the program
under paragraph (1), the program shall be known as the
``Program for Enhanced Indications and Warning'' (in this
section referred to as the ``Program'').
(3) Purpose.--The purpose of the Program that may be
established under paragraph (1) is to gain increased warning
time to provide time for the Department of Defense to mount
deterrence and dissuasion actions to persuade adversaries to
refrain from aggression, including through potential
revelations or demonstrations of capabilities and actions to
create doubt in the minds of adversary leaders regarding the
prospects for military success.
(b) Head of Program.--
(1) Appointment.--If the Director establishes the Program,
the Director shall appoint a defense intelligence officer to
serve as the mission manager for the Program.
(2) Designation.--The mission manager for the Program shall
be known as the ``Program Manager for Enhanced Indications and
Warning'' (in this section referred to as the ``Program
Manager'').
(c) Sources of Information and Analysis.--If the Director
establishes the Program, the Program Manager shall ensure that the
Program makes use of all available sources of information, from public,
commercial, and classified sources across the intelligence community
and the Department of Defense, and advanced analytics, including
artificial intelligence, to establish a system capable of discerning
deviations from normal patterns of behavior and activity that may
indicate preparations for military actions.
(d) Integration With Other Programs.--
(1) Support.--If the Director establishes the Program, the
Program shall be supported, as appropriate, by the Chief
Digital and Artificial Intelligence Officer, the Maven project,
by capabilities sponsored by the Office of the Under Secretary
of Defense for Intelligence and Security, and programs already
underway within the Defense Intelligence Agency.
(2) Agreements.--If the Director establishes the Program,
the Director shall seek to engage in agreements to integrate
information and capabilities from other components of the
intelligence community to facilitate the purpose of the
Program.
(e) Briefings.--If the Director establishes the Program, not later
than 180 days after the date of the enactment of this Act and not less
frequently than once each year thereafter through 2027, the Program
Manager shall provide the appropriate committees of Congress a briefing
on the status of the activities of the Program.
(f) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the congressional defense committees; and
(B) the congressional intelligence committees (as
defined in section 3 of the National Security Act of
1947 (50 U.S.C. 3003)).
(2) The term ``intelligence community'' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
SEC. 1257. PROHIBITION ON USE OF FUNDS TO SUPPORT ENTERTAINMENT
PROJECTS WITH TIES TO THE GOVERNMENT OF THE PEOPLE'S
REPUBLIC OF CHINA.
(a) In General.--None of the funds authorized to be appropriated by
this Act may be used to knowingly provide active and direct support to
any film, television, or other entertainment project if the Secretary
of Defense has demonstrable evidence that the project has complied or
is likely to comply with a demand from the Government of the People's
Republic of China or the Chinese Communist Party, or an entity under
the direction of the People's Republic of China or the Chinese
Communist Party, to censor the content of the project in a material
manner to advance the national interest of the People's Republic of
China.
(b) Waiver.--The Secretary of Defense may waive the prohibition
under subsection (a) if the Secretary submits to the Committees on
Armed Services of the Senate and House of Representatives a written
certification that such a waiver is in the national interest of the
United States.
(c) Policy Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall issue a policy
that describes how the Department of Defense will review requests to
provide active or direct support to any film, television, or other
entertainment project. The policy shall include ways to assess Chinese
influence or potential influence over the content of a film,
television, or other entertainment project, actions the Department can
take to prevent Chinese censorship of a project, and criteria the
Department shall use when evaluating requests to support a project.
(d) Limitation.--Of the amounts authorized to be appropriated by
this Act for the official travel expenses of the Office of the
Secretary of Defense, not more than 95 percent may be obligated or
expended until the policy required by subsection (c) is released and
transmitted to the congressional defense committees.
SEC. 1258. REPORTING ON INSTITUTIONS OF HIGHER EDUCATION DOMICILED IN
THE PEOPLE'S REPUBLIC OF CHINA THAT PROVIDE SUPPORT TO
THE PEOPLE'S LIBERATION ARMY.
(a) Determination.--
(1) In general.--The Secretary of Defense, in consultation
with the Director of National Intelligence, shall identify each
entity that is an institution of higher education domiciled in
the People's Republic of China that provides material support
to the People's Liberation Army.
(2) Factors.--In making a determination under paragraph (1)
with respect to an entity, the Secretary shall consider the
following factors:
(A) Material support to the implementation of the
military-civil fusion strategy of China.
(B) Material relationship with the Chinese State
Administration for Science, Technology, and Industry
for the National Defense.
(D) Funding received from any organization
subordinate to the Central Military Commission of the
Chinese Communist Party.
(E) Supporting or enabling relationship with any
security, defense, or police forces within the
Government of China or the Chinese Communist Party.
(F) Any other factor the Secretary determines is
appropriate.
(b) Report.--Not later than September 30, 2023, the Secretary shall
submit to the appropriate congressional committees a list of each
entity identified pursuant to subsection (a) in unclassified form, with
a classified annex, if necessary.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(2) The term ``People's Liberation Army'' means the land,
naval, and air military services, the People's Armed Police,
the Strategic Support Force, the Rocket Force, and any other
related security element within the Government of China or the
Chinese Communist Party that the Secretary determines is
appropriate.
SEC. 1259. REVIEW OF PORT AND PORT-RELATED INFRASTRUCTURE PURCHASES AND
INVESTMENTS MADE BY THE GOVERNMENT OF THE PEOPLE'S
REPUBLIC OF CHINA AND ENTITIES DIRECTED OR BACKED BY THE
GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--The Secretary of State, in coordination with the
Director of National Intelligence, the Secretary of Defense, and the
head of any other agency the Secretary of State considers necessary,
shall conduct a review of port and port-related infrastructure
purchases and investments critical to the interests and national
security of the United States made by--
(1) the Government of the People's Republic of China;
(2) entities directed or backed by the Government of the
People's Republic of China; and
(3) entities with beneficial owners that include the
Government of the People's Republic of China or a private
company controlled by the Government of the People's Republic
of China.
(b) Elements.--The review required by subsection (a) shall include
the following:
(1) A list of port and port-related infrastructure
purchases and investments described in that subsection,
prioritized in order of the purchases or investments that pose
the greatest threat to United States economic, defense, and
foreign policy interests.
(2) An analysis of the effects the consolidation of such
investments, or the assertion of control by the Government of
the People's Republic of China over entities described in
paragraph (2) or (3) of that subsection, would have on
Department of State and Department of Defense contingency
plans.
(3) A description of the integration into ports of
technologies developed and produced by the Government of the
People's Republic of China or entities described in paragraphs
(2) or (3) of that subsection, and the data and cyber security
risks posed by such integration.
(4) A description of past and planned efforts by the
Secretary of State and the Secretary of Defense, with the
support of the Director of National Intelligence, to address
such purchases, investments, and consolidation of investments
or assertion of control.
(c) Coordination With Other Federal Agencies.--In conducting the
review required by subsection (a), the Secretary of State may
coordinate with the head of any other Federal agency, as the Secretary
considers appropriate.
(d) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of State shall submit
to the appropriate committees of Congress a report on the
results of the review under subsection (a).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Permanent Select Committee
on Intelligence of the House of Representatives.
(2) Port.--The term ``port'' means--
(A) any port--
(i) on the navigable waters of the United
States; or
(ii) that is considered by the Secretary of
State to be critical to United States
interests; and
(B) any harbor, marine terminal, or other shoreside
facility used principally for the movement of goods on
inland waters that the Secretary of State considers
critical to United States interests.
(3) Port-related infrastructure.--The term ``port-related
infrastructure'' includes--
(A) crane equipment;
(B) logistics, information, and communications
systems; and
(C) any other infrastructure the Secretary of State
considers appropriate.
SEC. 1260. ENHANCING MAJOR DEFENSE PARTNERSHIP WITH INDIA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of State, shall direct appropriate personnel within the
Department of Defense to seek to engage appropriate counterparts within
the Ministry of Defence of India for the purpose of expanding
cooperation on emerging technologies, readiness, and logistics.
(b) Topics.--At a minimum, the personnel described in subsection
(a) shall seek to engage their counterparts in the Ministry of Defense
of India on the following topics:
(1) Intelligence collection capabilities.
(2) Unmanned aerial vehicles.
(3) Fourth and fifth generation aircraft.
(4) Depot-level maintenance.
(5) Joint research and development.
(6) Fifth generation wireless communication and Open Radio
Access Network technologies.
(7) Defensive cyber capabilities.
(8) Cold-weather capabilities.
(9) Critical and emerging technologies.
(10) Any other matters the Secretary considers relevant.
(c) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide a
briefing to the appropriate committees of Congress that includes--
(1) an assessment of the feasibility and advisability of
expanding cooperation with the Ministry of Defence of India on
the topics described in subsection (b);
(2) a description of other opportunities to expand
cooperation with the Ministry of Defence of India on topics
other than the topics described in such subsection;
(3) a description of any challenges, including agreements,
authorities, and resourcing, that need to be addressed so as to
expand cooperation with the Ministry of Defence of India on the
topics described in such subsection;
(4) an articulation of security considerations to ensure
the protection of research and development, intellectual
property, and United States-provided equipment from being
stolen or exploited by adversaries;
(5) an identification of opportunities for academia and
private industry to participate in expanded cooperation with
the Ministry of Defence of India;
(6) a discussion of opportunities and challenges related to
reducing India's reliance on Russian-built weapons and defense
systems; and
(7) any other matter the Secretary considers relevant.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1261. PILOT PROGRAM TO DEVELOP YOUNG CIVILIAN DEFENSE LEADERS IN
THE INDO-PACIFIC REGION.
(a) In General.--The Secretary of Defense may establish, using
existing authorities of the Department of Defense, a pilot program to
enhance engagement of the Department with young civilian defense and
security leaders in the Indo-Pacific region.
(b) Purposes.--The activities of the pilot program under subsection
(a) shall include training of, and engagement with, young civilian
leaders from foreign partner ministries of defense and other
appropriate ministries with a national defense mission in the Indo-
Pacific region for purposes of--
(1) enhancing bilateral and multilateral cooperation
between--
(A) civilian leaders in the Department; and
(B) civilian leaders in foreign partner ministries
of defense; and
(2) building the capacity of young civilian leaders in
foreign partner ministries of defense to promote civilian
control of the military, respect for human rights, and
adherence to the law of armed conflict.
(c) Priority.--In carrying out the pilot program under subsection
(a), the Secretary of Defense shall prioritize engagement with civilian
defense leaders from foreign partner ministries of defense who are 40
years of age or younger.
(d) Briefings.--
(1) Design of pilot program.--Not later than June 1, 2023,
the Secretary of Defense, in consultation with the Secretary of
State, shall provide a briefing to the appropriate committees
of Congress on the design of the pilot program under subsection
(a).
(2) Progress briefing.--Not later than December 31, 2023,
and annually thereafter until the date on which the pilot
program terminates under subsection (e), the Secretary of
Defense, in consultation with the Secretary of State, shall
provide a briefing to the appropriate committees of Congress on
the pilot program that includes--
(A) a description of the activities conducted and
the results of such activities;
(B) an identification of existing authorities used
to carry out the pilot program;
(C) any recommendations related to new authorities
or modifications to existing authorities necessary to
more effectively achieve the objectives of the pilot
program; and
(D) any other matter the Secretary of Defense
considers relevant.
(e) Termination.--The pilot program under subsection (a) shall
terminate on December 31, 2026.
(f) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1262. REPORT ON BILATERAL AGREEMENTS SUPPORTING UNITED STATES
MILITARY POSTURE IN THE INDO-PACIFIC REGION.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall submit to the appropriate congressional
committees a report on the adequacy of existing bilateral defense and
security agreements between the United States and foreign governments
that support the existing and planned military posture of the United
States in the Indo-Pacific region.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An accounting of existing bilateral defense and
security agreements that support the military posture of the
United States in the Indo-Pacific region, by country and type.
(2) An articulation of the need for new bilateral defense
and security agreements, by country and type, to support a more
distributed United States military posture in the Indo-Pacific
region, as outlined by the Global Force Posture Review,
including agreements necessary--
(A) to establish new cooperative security
locations, forward operating locations, and other
locations in support of distributed operations; and
(B) to enable exercises and a more rotational force
presence.
(3) A description of the relative priority of the
agreements articulated under paragraph (2).
(4) Any specific request, financial or otherwise, made by a
foreign government or a Federal agency other than the
Department of Defense that complicates the completion of such
agreements.
(5) A description of Department activities planned for the
current and subsequent fiscal year that are intended to
contribute to the completion of such agreements.
(6) A description of the manner in which the necessity for
such agreements is communicated to, and coordinated with, the
Secretary of State.
(7) Any other matter the Secretary of Defense considers
relevant.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
SEC. 1263. STATEMENT OF POLICY ON TAIWAN.
(a) Statement of Policy.--Consistent with the Taiwan Relations Act
(22 U.S.C. 3301 et. seq.), it shall be the policy of the United States
to maintain the capacity of the United States to resist a fait accompli
that would jeopardize the security of the people on Taiwan.
(b) Fait Accompli Defined.--In this section, the term ``fait
accompli'' refers to the resort to force by the People's Republic of
China to invade and seize control of Taiwan before the United States
can respond effectively.
SEC. 1264. SENSE OF CONGRESS ON JOINT EXERCISES WITH TAIWAN.
It is the sense of Congress that--
(1) joint military exercises with Taiwan are an important
component of improving military readiness;
(2) the Commander of United States Indo-Pacific Command
possesses the authority to carry out such joint military
exercises, including those that--
(A) involve multiple warfare domains and exercise
secure communications between the forces of the United
States, Taiwan, and other foreign partners;
(B) incorporate the participation of multiple
combatant and subordinate unified commands; and
(C) present complex military challenges, including
the multi-domain capabilities of a capable adversary;
(3) the United States should seek to use existing
authorities more effectively to improve the readiness of the
military forces of the United States and Taiwan; and
(4) the naval forces of Taiwan should be invited to
participate in the Rim of the Pacific exercise, as appropriate,
conducted in 2024.
SEC. 1265. SENSE OF CONGRESS ON DEFENSE ALLIANCES AND PARTNERSHIPS IN
THE INDO-PACIFIC REGION.
It is the sense of Congress that the Secretary of Defense should
continue efforts that strengthen United States defense alliances and
partnerships in the Indo-Pacific region so as to further the
comparative advantage of the United States in strategic competition
with the People's Republic of China, including by--
(1) enhancing cooperation with Japan, consistent with the
Treaty of Mutual Cooperation and Security Between the United
States of America and Japan, signed at Washington, January 19,
1960, including by developing advanced military capabilities,
fostering interoperability across all domains, and improving
sharing of information and intelligence;
(2) reinforcing the United States alliance with the
Republic of Korea, including by maintaining the presence of
approximately 28,500 members of the United States Armed Forces
deployed to the country and affirming the United States
commitment to extended deterrence using the full range of
United States defense capabilities, consistent with the Mutual
Defense Treaty Between the United States and the Republic of
Korea, signed at Washington, October 1, 1953, in support of the
shared objective of a peaceful and stable Korean Peninsula;
(3) fostering bilateral and multilateral cooperation with
Australia, consistent with the Security Treaty Between
Australia, New Zealand, and the United States of America,
signed at San Francisco, September 1, 1951, and through the
partnership among Australia, the United Kingdom, and the United
States (commonly known as ``AUKUS'')--
(A) to advance shared security objectives;
(B) to accelerate the fielding of advanced military
capabilities; and
(C) to build the capacity of emerging partners;
(4) advancing United States alliances with the Philippines
and Thailand and United States partnerships with other partners
in the Association of Southeast Asian Nations to enhance
maritime domain awareness, promote sovereignty and territorial
integrity, leverage technology and promote innovation, and
support an open, inclusive, and rules-based regional
architecture;
(5) broadening United States engagement with India,
including through the Quadrilateral Security Dialogue--
(A) to advance the shared objective of a free and
open Indo-Pacific region through bilateral and
multilateral engagements and participation in military
exercises, expanded defense trade, and collaboration on
humanitarian aid and disaster response; and
(B) to enable greater cooperation on maritime
security and the threat of global pandemics, including
COVID-19;
(6) strengthening the United States partnership with
Taiwan, consistent with the Three Communiques, the Taiwan
Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.), and
the Six Assurances, with the goal of improving Taiwan's
defensive military capabilities and promoting peaceful cross-
strait relations;
(7) reinforcing the status of the Republic of Singapore as
a Major Security Cooperation Partner of the United States and
continuing to strengthen defense and security cooperation
between the military forces of the Republic of Singapore and
the Armed Forces of the United States, including through
participation in combined exercises and training;
(8) engaging with the Federated States of Micronesia, the
Republic of the Marshall Islands, the Republic of Palau, and
other Pacific Island countries, with the goal of strengthening
regional security and addressing issues of mutual concern,
including protecting fisheries from illegal, unreported, and
unregulated fishing;
(9) collaborating with Canada, the United Kingdom, France,
and other members of the European Union and the North Atlantic
Treaty Organization to build connectivity and advance a shared
vision for the region that is principled, long-term, and
anchored in democratic resilience; and
(10) investing in enhanced military posture and
capabilities in the area of responsibility of the United States
Indo-Pacific Command, identified by the Department of Defense
as its priority theater, and strengthening cooperation in
bilateral relationships, multilateral partnerships, and other
international fora to uphold global security and shared
principles, with the goal of ensuring the maintenance of a free
and open Indo-Pacific region.
Subtitle F--Other Matters
SEC. 1271. NORTH ATLANTIC TREATY ORGANIZATION SPECIAL OPERATIONS
HEADQUARTERS.
(a) In General.--Subchapter II of chapter 138 of title 10, United
States Code, is amended by adding at the end the following new section
2350r:
``Sec. 2350r. North Atlantic Treaty Organization Special Operations
Headquarters
``(a) Authorization.--Of the amounts authorized to be appropriated
for each fiscal year for operation and maintenance for the Army, the
Secretary of Defense is authorized to use up to $50,000,000, to be
derived from amounts made available for support of North Atlantic
Treaty Organization (referred to in this section as `NATO') operations,
for each such fiscal year for the purposes set forth in subsection (b).
``(b) Purposes.--The Secretary shall provide funds for the NATO
Special Operations Headquarters--
``(1) to improve coordination and cooperation between the
special operations forces of NATO countries and countries
approved by the North Atlantic Council as NATO partners;
``(2) to facilitate joint operations by the special
operations forces of NATO countries and such NATO partners;
``(3) to support special operations forces peculiar
command, control, and communications capabilities;
``(4) to promote special operations forces intelligence and
informational requirements within the NATO structure; and
``(5) to promote interoperability through the development
of common equipment standards, tactics, techniques, and
procedures, and through execution of a multinational education
and training program.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of chapter 138 of title 10, United States Code, is
amended by adding at the end the following new item:
``2350r. North Atlantic Treaty Organization Special Operations
Headquarters.''.
(c) Repeal.--Section 1244 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2541) is repealed.
SEC. 1272. SENSE OF CONGRESS ON NATO AND UNITED STATES DEFENSE POSTURE
IN EUROPE.
It is the sense of Congress as follows:
(1) The Russian Federation's further invasion of Ukraine
poses a grave threat to United States security and interests
around the globe and to the rules-based international order,
including the North Atlantic Treaty Organization (NATO).
(2) The Russian Federation has demonstrated a complete
disregard for the safety of civilians during its unlawful and
unprovoked invasion of Ukraine, which has involved
indiscriminate bombing of civilian areas and executions of
noncombatants.
(3) The United States stands with the people of Ukraine and
condemns the heinous acts committed by the Russian Federation
against them, and Congress strongly supports continued
assistance to Ukraine to sustain its ability to repel Russian
invasion forces and continue to retake its sovereign territory.
(4) NATO remains the strongest and most successful military
alliance in the world, founded on a commitment by its members
to uphold the principles of democracy, individual liberty, and
the rule of law. The NATO alliance has grown more robust and
more united in response to Russia's 2022 further invasion of
Ukraine, as allies have enhanced their deterrence and defense
posture, and continued to send military aid to bolster
Ukraine's defenses.
(5) The United States--
(A) strongly supports the path of Sweden and
Finland toward NATO membership, as evidenced by the
overwhelming bipartisan Senate vote providing advice
and consent to the ratification of the Protocols of the
North Atlantic Treaty of 1949 on the Accession of the
Republic of Finland and the Kingdom of Sweden;
(B) urges all NATO allies who have not ratified
their accession to do so as soon as possible;
(C) reaffirms its ironclad commitment to NATO as
the foundation of transatlantic security and to
upholding its obligations under the North Atlantic
Treaty, including Article 5; and
(D) encourages NATO members to move swiftly to meet
their commitments made at the June 2022 NATO Summit to
expand NATO's multinational battle groups and enhance
military posture on NATO's eastern flank, and to
urgently continue progress on meeting their Wales
Pledge commitments, capability targets, contributions
to NATO missions and operations, and resilience
commitments.
(6) America's European allies and partners have--
(A) made significant contributions to Ukraine's
defense against the Russian invasion, including
critical military, economic, and humanitarian aid,
sanctions, and export controls, to erode Russia's
ability to sustain its aggression; and
(B) welcomed millions of Ukrainian refugees forced
to flee their homeland.
(7) The United States must continue to work with these
allies and partners to sustain this support, to collectively
reconstitute weapons stocks, and to maintain unified resolve to
reduce threats to critical infrastructure ranging from Russia's
weaponization of energy to China's predatory investments in
transportation and telecommunications infrastructure.
(8) The United States should develop and implement a long-
term plan to adapt United States posture in Europe to the
altered threat environment. The elevated United States posture
currently in Europe is crucial in the current threat
environment, and the United States posture changes announced
during the June 2022 NATO Summit are important steps, including
the establishment of the first permanently stationed
headquarters in Poland, the commitment to maintain a rotational
brigade combat team and headquarters in Romania, enhanced
rotations to the Baltic countries, and the forward-stationing
of two additional destroyers in Rota, Spain.
(9) European Deterrence Initiative (EDI) investments have
proven crucial to United States and NATO abilities to rapidly
reinforce the European theater leading up to and during
Russia's further invasion of Ukraine. The United States should
continue robust investments through EDI, including further
enhancing United States posture in Europe and maintaining a
committed schedule of exercises with allies.
(10) The Black Sea is critical to United States interests
and to the security of NATO in the region, given Russia's
unprovoked and unjustified war in Ukraine and Russia's attempts
to directly intimidate, coerce, and otherwise influence
countries in this region. These allies' and partners' security
will have major consequences for broader European security and
collective efforts to enhance Black Sea countries' defense and
resilience capabilities are essential. In addition, the United
States and NATO should consider adopting robust
intergovernmental and interagency strategies for the Black Sea,
to facilitate further collaboration among all countries in the
region.
(11) Estonia, Latvia, and Lithuania play a critical role in
strategic efforts to continue to deter Russia.
(12) The United States should continue to pursue efforts
consistent with the comprehensive, multilateral Baltic Defense
Assessment conducted by the Department of Defense. Robust
support to accomplish United States strategic objectives,
including by providing continued assistance to the Baltic
countries through security cooperation, including cooperation
referred to as the Baltic Security Initiative pursuant to
sections 332 and 333 of title 10, United States Code, should
continue to be prioritized in the years to come. Specifically,
such assistance should include the continuation of--
(A) enhancements to critical capabilities that will
strengthen Baltic security as well as strengthen NATO's
deterrence and defense posture, including integrated
air and missile defense, maritime domain awareness,
long-range precision fires, and command and control;
(B) efforts to enhance interoperability among
Estonia, Latvia, and Lithuania and with NATO;
(C) infrastructure and other host-country support
improvements that will enhance United States and allied
military mobility across the region;
(D) efforts to improve resilience to hybrid and
cyber threats in Estonia, Latvia, and Lithuania; and
(E) support for planning and budgeting efforts of
Estonia, Latvia, and Lithuania that are regionally
synchronized.
(13) It is in the United States interest to support efforts
to enhance security and stability in the Western Balkans. The
United States should continue its efforts to work with Western
Balkans allies and partners to build interoperability and
support institutional reforms. The United States should also
support those countries' efforts to resist disinformation
campaigns, predatory investments, and other means by which
Russia and China may seek to influence this region.
(14) The United States should continue to work closely with
European allies and partners to counter growing malign
activities by the People's Republic of China across Europe, in
the Indo-Pacific, and beyond.
SEC. 1273. REPORT ON FIFTH FLEET CAPABILITIES UPGRADES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on--
(1) capabilities upgrades necessary to enable the Fifth
Fleet to address emerging threats in its area of
responsibility; and
(2) any costs associated with such upgrades.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment of seaborne threats posed by Iran, and
groups linked to Iran, to the military forces of United States
allies and partners operating in the waters in and around the
broader Middle East.
(2) A description of any capabilities upgrades necessary to
enable the Fifth Fleet to address such threats.
(3) An estimate of the costs associated with any such
upgrades.
(4) A description of any United States plan to deepen
cooperation with other member countries of the Combined
Maritime Forces at the strategic, policy, and functional levels
for the purpose of addressing such threats, including by--
(A) enhancing coordination on defense planning;
(B) improving intelligence sharing; and
(C) deepening maritime interoperability.
(c) Broader Middle East Defined.--In this section, the term
``broader Middle East'' means--
(1) the land around the southern and eastern shores of the
Mediterranean Sea;
(2) the Arabian Peninsula;
(3) Iran; and
(4) North Africa.
SEC. 1274. REPORT ON USE OF SOCIAL MEDIA BY FOREIGN TERRORIST
ORGANIZATIONS.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Secretary of State and the Secretary of Defense,
shall submit to the appropriate congressional committees a report on--
(1) the use of online social media platforms by entities
designated as foreign terrorist organizations by the Secretary
of State for recruitment, fundraising, and the dissemination of
information; and
(2) the threat posed to the national security of the United
States by the online radicalization of terrorists and violent
extremists with ties to foreign governments or elements
thereof, foreign organizations, or foreign persons, or
international terrorist activities.
(b) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence of
the Senate.
SEC. 1275. REPORT AND FEASIBILITY STUDY ON COLLABORATION TO MEET SHARED
NATIONAL SECURITY INTERESTS IN EAST AFRICA.
(a) Report on Foreign Assistance and Other Activities in
Somaliland.--
(1) Defined term.--In this subsection, the term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs of the House
of Representatives.
(2) Report.--
(A) In general.--Not later than September 30, 2023,
and annually thereafter until the date that is 5 years
after the date of the enactment of this Act, the
Secretary of State, in consultation with the
Administrator of the United States Agency for
International Development, shall submit to the
appropriate congressional committees a report that,
with respect to the most recently concluded 12-month
period--
(i) describes assistance provided by the
Department of State and the United States
Agency for International Development to
Somaliland, including--
(I) the value of such assistance
(in United States dollars);
(II) the source from which such
assistance was funded;
(III) the names of the programs
through which such assistance was
administered;
(IV) the implementing partners
through which such assistance was
provided;
(V) the sponsoring bureau of the
Department of State or the United
States Agency for International
Development; and
(VI) if the assistance broadly
targeted the Federal Republic of
Somalia, the portion of such assistance
that was--
(aa) explicitly intended to
support Somaliland; and
(bb) ultimately employed in
Somaliland;
(ii) details the staffing and
responsibilities of the Department of State and
the United States Agency for International
Development supporting foreign assistance,
diplomatic engagement, and security initiatives
in Somaliland, including the location of such
personnel (duty station) and their
corresponding bureau;
(iii) provides--
(I) a detailed account of travel to
Somaliland by employees of the
Department of State and the United
States Agency for International
Development, if any, including the
position, duty station, and trip
purpose for each such trip; or
(II) the justification for not
traveling to Somaliland if no such
personnel traveled during the reporting
period; and
(iv) if the Department of State has
provided training to security forces of the
Federal Member States (FMS), and Somaliland,
including--
(I) where such training has
occurred;
(II) the extent to which FMS and
Somaliland security forces have
demonstrated the ability to absorb
previous training; and
(III) the ability of FMS and
Somaliland security forces to maintain
and appropriately utilize such
training, as applicable.
(B) Form.--The report required under subparagraph
(A) shall be submitted in unclassified form, but may
contain a classified annex.
(b) Feasibility Study.--
(1) Defined term.--In this subsection, the term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives.
(2) Feasibility study.--The Secretary of State, in
consultation with the Secretary of Defense, shall conduct a
feasibility study that--
(A) determines whether opportunities exist for
greater collaboration in the pursuit of United States
national security interests in the Horn of Africa, the
Gulf of Aden, and the Indo-Pacific region with the
Federal Government of Somalia and Somaliland; and
(B) identifies the practicability and advisability
of improving the professionalization and capacity of
security sector actors within the Federal Member States
(FMS) and Somaliland.
(3) Report to congress.--Not later than June 15, 2023, the
Secretary of State, in consultation with the Secretary of
Defense and the heads of other relevant Federal departments and
agencies, shall submit a classified report to the appropriate
congressional committees that contains the results of the
feasibility study required under paragraph (2).
(c) Rule of Construction.--Nothing in this Act, including the
reporting requirement under subsection (a) and the conduct of the
feasibility study under subsection (b), may be construed to convey
United States recognition of Somalia's FMS or Somaliland as an
independent entity.
SEC. 1276. ASSESSMENT OF CHALLENGES TO IMPLEMENTATION OF THE
PARTNERSHIP AMONG AUSTRALIA, THE UNITED KINGDOM, AND THE
UNITED STATES.
(a) In General.--The Secretary of Defense shall seek to enter into
an agreement with a federally funded research and development center
for the conduct of an independent assessment of resourcing, policy, and
process challenges to implementing the partnership among Australia, the
United Kingdom, and United States (commonly known as the ``AUKUS
partnership'') announced on September 21, 2021.
(b) Matters to Be Considered.--In conducting the assessment
required by subsection (a), the federally funded research and
development center shall consider the following with respect to each of
Australia, the United Kingdom, and the United States:
(1) Potential resourcing and personnel shortfalls.
(2) Information sharing, including foreign disclosure
policy and processes.
(3) Statutory, regulatory, and other policies and
processes.
(4) Intellectual property, including patents.
(5) Export controls, including technology transfer and
protection.
(6) Security protocols and practices, including personnel,
operational, physical, facility, cybersecurity,
counterintelligence, marking and classifying information, and
handling and transmission of classified material.
(7) Industrial base implications specifically including
options to expand the United States submarine and nuclear power
industrial base to meet United States and Australia
requirements.
(8) Alternatives that would significantly accelerate
Australia's national security, including--
(A) interim submarine options to include leasing or
conveyance of legacy United States submarines for
Australia's use; or
(B) the conveyance of B-21 bombers.
(9) Any other matter the Secretary considers appropriate.
(c) Recommendations.--The federally funded research and development
center selected to conduct the assessment under this section shall
include, as part of such assessment, recommendations for improvements
to resourcing, policy, and process challenges to implementing the AUKUS
partnership.
(d) Report.--
(1) In general.--Not later than January 1, 2024, the
Secretary shall submit 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
report that includes an unaltered copy of such assessment,
together with the views of the Secretary on the assessment and
on the recommendations included in the assessment pursuant to
subsection (c).
(2) Form of report.--The report required by paragraph (1)
shall be submitted in unclassified form but may contain a
classified annex.
SEC. 1277. MODIFICATION AND EXTENSION OF UNITED STATES-ISRAEL
COOPERATION TO COUNTER UNMANNED AERIAL SYSTEMS.
(a) Authority to Establish Capabilities to Counter Unmanned Aerial
Systems.--Subsection (a)(1) of section 1278 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1702; 22 U.S.C. 8606 note) is amended in the first sentence by
inserting after ``to establish capabilities for countering unmanned
aerial systems'' the following ``, including directed energy
capabilities,''.
(b) Support in Connection With the Program.--Subsection (b) of such
section is amended--
(1) in paragraph (3)(B), by inserting at the end before the
period the following: ``, including directed energy
capabilities''; and
(2) in paragraph (4), by striking ``$25,000,000'' and
inserting ``$40,000,000''.
(c) Sunset.--Subsection (f) of such section is amended by striking
``December 31, 2024'' and inserting ``December 31, 2026''.
SEC. 1278. SENSE OF CONGRESS AND BRIEFING ON MULTINATIONAL FORCE AND
OBSERVERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Multinational Force and Observers has helped
strengthen stability and kept the peace in Sinai Peninsula; and
(2) the United States should continue to maintain its
strong support for the Multinational Force and Observers.
(b) Briefing.--Not later than 60 days before the implementation of
any plan to move a Multinational Force and Observer site, the Secretary
of Defense shall brief the Committee on Armed Services and the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Armed Services and the Committee on Foreign Relations of
the Senate on the resulting impacts of such plan on existing security
arrangements between Israel and Egypt.
SEC. 1279. BRIEFING ON DEPARTMENT OF DEFENSE PROGRAM TO PROTECT UNITED
STATES STUDENTS AGAINST FOREIGN AGENTS.
Not later than 240 days after the date of the enactment of this
Act, the Secretary of Defense shall provide a briefing to the Committee
on Armed Services of the Senate and the Committee on Armed Services of
the House of Representatives on the program described in section 1277
of the National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115-91), including an assessment on whether the program is
beneficial to students interning, working part time, or in a program
that will result in employment post-graduation with Department of
Defense components and contractors.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense health program.
Subtitle B--National Defense Stockpile
Sec. 1411. Reform of the Strategic and Critical Materials Stock Piling
Act.
Sec. 1412. Modification of acquisition authority under Strategic and
Critical Materials Stock Piling Act.
Sec. 1413. Briefings on shortfalls in National Defense Stockpile.
Sec. 1414. Authority to acquire materials for the National Defense
Stockpile.
Sec. 1415. Department of Defense readiness to support prolonged
conflict.
Subtitle C--Other Matters
Sec. 1421. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund for
Captain James A. Lovell Health Care Center,
Illinois.
Sec. 1422. Authorization of appropriations for Armed Forces Retirement
Home.
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2023
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2023
for expenses, not otherwise provided for, for Chemical Agents and
Munitions Destruction, Defense, as specified in the funding table in
section 4501.
(b) Use.--Amounts authorized to be appropriated under subsection
(a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2023 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
as specified in the funding table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2023 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, as specified in the funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2023
for the Defense Health Program for use of the Armed Forces and other
activities and agencies of the Department of Defense for providing for
the health of eligible beneficiaries, as specified in the funding table
in section 4501.
Subtitle B--National Defense Stockpile
SEC. 1411. REFORM OF THE STRATEGIC AND CRITICAL MATERIALS STOCK PILING
ACT.
(a) Repeal of Strategic Materials Protection Board.--Section 187 of
title 10, United States Code, is repealed.
(b) Strategic and Critical Materials Board of Directors.--Section
10 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98h-1) is amended to read as follows:
``SEC. 10. STRATEGIC AND CRITICAL MATERIALS BOARD OF DIRECTORS.
``(a) Establishment.--There is established a Strategic and Critical
Materials Board of Directors (in this Act referred to as the `Board').
``(b) Members.--The Board shall be composed, at a minimum, of the
following:
``(1) The Assistant Secretary of Defense for Industrial
Base Policy, who shall serve as chairman of the Board.
``(2) One designee of each of the Secretary of Commerce,
the Secretary of State, the Secretary of Energy, and the
Secretary of the Interior.
``(3) One designee of each of the Chairman and Ranking
Member of the Readiness Subcommittee of the House Committee on
Armed Services.
``(4) One designee of each of the Chairman and Ranking
Member of the Readiness Subcommittee of the Senate Committee on
Armed Services.
``(5) Four designees of the chairman of the Board, who
shall have expertise relating to military affairs, defense
procurement, production of strategic and critical materials,
finance, or any other disciplines deemed necessary by the
chairman to conduct the business of the Board.
``(c) Duties of the Board.--In addition to other matters assigned
to it by the chairman, the Board shall conduct the following, without
power of delegation:
``(1) Adopt by-laws that ensure sufficient oversight,
governance, and effectiveness of the National Defense Stockpile
program.
``(2) Elect or remove Board members.
``(3) Advise the National Defense Stockpile Manager.
``(4) Establish performance metrics and conduct an annual
performance review of the National Defense Stockpile Manager.
``(5) Set compensation for the National Defense Stockpile
Manager.
``(6) Review and approve the annual budget of the National
Defense Stockpile program and conduct appropriate reviews of
annual financial statements.
``(7) Re-allocate budget resources within the annual budget
of the National Defense Stockpile program.
``(8) Review and approve the Annual Materials and
Operations Plan required by section 11(a)(2) of this Act,
including a review of the projected domestic and foreign
economic effects of proposed actions to be taken under the
Annual Materials and Operations Plan.
``(9) Complete and submit the annual Board Report, in
accordance with section 11(b)(2) of this Act.
``(10) Recommend to the Secretary of Defense--
``(A) a strategy to ensure a secure supply of
materials designated as critical to national security;
and
``(B) such other strategies as the Board considers
appropriate to strengthen the industrial base with
respect to materials critical to national security.
``(d) Board Meetings.--The Board shall meet as determined necessary
by the chairman but not less frequently than once every year to fulfill
the duties described in subsection (c).
``(e) Application of Federal Advisory Committee Act.--Section 14 of
the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
the Board.
``(f) Definitions.--In this section:
``(1) Materials critical to national security.--The term
`materials critical to national security' means materials--
``(A) upon which the production or sustainment of
military equipment is dependent; and
``(B) the supply of which could be restricted by
actions or events outside the control of the Government
of the United States.
``(2) Military equipment.--The term `military equipment'
means equipment used directly by the Armed Forces to carry out
military operations.
``(3) Secure supply.--The term `secure supply', with
respect to a material, means the availability of a source or
sources for the material, including the full supply chain for
the material and components containing the material.''.
(c) Reports.--Section 11 of such Act (50 U.S.C. 98h-2) is amended
to read as follows:
``SEC. 11. REPORTS.
``(a) Reports to the Board.--The National Defense Stockpile Manager
shall submit to the Board the following:
``(1) Not later than 40 calendar days after the last day of
each of the first three fiscal quarters in each fiscal year,
unaudited financial statements and a Manager's Discussion and
Analysis for the immediately preceding fiscal quarter.
``(2) Not later than 60 calendar days after the conclusion
of the fourth quarter of each fiscal year--
``(A) audited financial statements and a Manager's
Discussion and Analysis for the immediately preceding
fiscal year; and
``(B) an Annual Materials and Operations Plan for
the forthcoming year.
``(b) Reports to Congress.--
``(1) Reports by national defense stockpile manage.--Not
later than 90 days after the conclusion of the fourth quarter
of each fiscal year, the National Defense Stockpile Manager
shall submit to the congressional defense committees (as
defined in section 101(a) of title 10, United States Code) a
report that shall include--
``(A) information with respect to foreign and
domestic purchases of materials for the stockpile
during the preceding fiscal year;
``(B) information with respect to the acquisition
and disposal of materials under this Act by barter,
during such fiscal year;
``(C) information with respect to the activities by
the National Defense Stockpile Manager to encourage the
conservation, substitution, and development of
strategic and critical materials;
``(D) information with respect to the research and
development activities conducted under section 8 of
this Act;
``(E) audited annual financial statements for the
Strategic and Critical Materials Fund;
``(F) other pertinent information on the
administration of this Act as will enable the Congress
to evaluate the effectiveness of the program;
``(G) details of all planned expenditures from the
Strategic and Critical Materials Fund over the Future
Years' Defense Program and anticipated receipts from
proposed disposals of stockpile materials; and
``(H) the report required by paragraph (2).
``(2) Report by the board.--The Board shall prepare a
written report to accompany the report required by paragraph
(1) which shall include--
``(A) the activities of the Board to carry out the
duties listed in section 10(c) of this Act; and
``(B) the most recent Annual Materials and
Operations Plan submitted under subsection
(a)(2)(B).''.
(d) Conforming Amendments.--
(1) Strategic and critical materials stock piling act.--The
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98
et seq.) is amended--
(A) in section 5(a)(2)--
(i) by striking ``certain stockpile
transactions'' and all that follows through
``submitted the President proposes''; and
(ii) by striking ``any such transaction''
and inserting the following: ``any stockpile
transactions proposed in the Annual Materials
and Operations Plan for such fiscal year after
the Board submits the report under section
11(b)(2) containing such plan''; and
(B) in section 15--
(i) in subsection (c)(1), by striking
``annual materials plan'' and inserting
``Annual Materials and Operations Plan''; and
(ii) in subsection (e)--
(I) by inserting ``, acting through
the National Defense Stockpile
Manager,'' after ``The President''; and
(II) by striking ``section 11(a)''
and inserting ``section 11(b)(1)''.
(2) Title 10.--Title 10 of the United States Code is
amended--
(A) in section 4863(g), by striking ``Strategic
Materials Protection Board pursuant to section 187 of
this title'' and inserting ``Strategic and Critical
Materials Board of Directors pursuant to section 10 of
the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98h-1)''; and
(B) in section 4872(c)(3)(B), by striking ``
Strategic Materials Protection Board pursuant to
section 187 of this title'' and inserting ``Strategic
and Critical Materials Board of Directors pursuant to
section 10 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98h-1)''.
SEC. 1412. MODIFICATION OF ACQUISITION AUTHORITY UNDER STRATEGIC AND
CRITICAL MATERIALS STOCK PILING ACT.
(a) In General.--Section 5 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98d) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence, by inserting
``under the authority of paragraph (3) of this
section or'' after ``Except for acquisitions
made''; and
(ii) in the second sentence, by striking
``for such acquisition'' and inserting ``for
any acquisition of materials under this Act'';
and
(B) by adding at the end the following:
``(3) Using funds appropriated for acquisition of materials under
this Act, the National Defense Stockpile Manager may acquire materials
determined to be strategic and critical under section 3(a) without
regard to the requirement of the first sentence of paragraph (1) if the
Stockpile Manager determines there is a shortfall of such materials in
the stockpile.''; and
(2) in subsection (c), by striking ``to carry out the
purposes for which appropriated for a period of two fiscal
years, if so provided in appropriation Acts'' and inserting
``until expended, unless otherwise provided in appropriations
Acts''.
(b) Increase in Quantities of Materials to Be Stockpiled.--Section
3(c)(2) of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98b(c)(2)) is amended--
(1) by amending the first sentence to read as follows:
``The President shall notify Congress in writing of any
increase proposed to be made in the quantity of any material to
be stockpiled that involves the acquisition of additional
materials for the stockpile.'';
(2) in the second sentence, by striking ``the change after
the end of the 45-day period'' and inserting ``the increase
after the end of the 30-day period''; and
(3) in the third sentence, by striking ``change'' and
inserting ``increase''.
SEC. 1413. BRIEFINGS ON SHORTFALLS IN NATIONAL DEFENSE STOCKPILE.
Section 14 of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98h-5) is amended by adding at the end the following new
subsection:
``(f)(1) Not later than March 1 each year, the National Defense
Stockpile Manager shall provide to the congressional defense committees
a briefing on strategic and critical materials that--
``(A) are determined to be in shortfall in the most recent
report on stockpile requirements submitted under subsection
(a); and
``(B) the acquisition or disposal of which is included in
the Annual Materials and Operations Plan for the operation of
the stockpile during the next fiscal year submitted under
section 11(b).
``(2) Each briefing required by paragraph (1) shall include--
``(A) a description of each material described in that
paragraph, including the objective to be achieved if funding is
provided, in whole or in part, for the acquisition of the
material to remedy the shortfall;
``(B) an estimate of additional amounts required to provide
such funding, if any; and
``(C) an assessment of the supply chain for each such
material, including any assessment of any relevant risk in any
such supply chain.''.
SEC. 1414. AUTHORITY TO ACQUIRE MATERIALS FOR THE NATIONAL DEFENSE
STOCKPILE.
(a) Acquisition Authority.--Of the funds appropriated into the
National Defense Stockpile Transaction Fund pursuant to the
authorization of appropriations under subsection (c), the National
Defense Stockpile Manager may use up to $1,003,500,000 for acquisition
of the following materials determined to be strategic and critical
materials required to meet the defense, industrial, and essential
civilian needs of the United States:
(1) Neodymium oxide, praseodymium oxide, and neodymium iron
boron (NdFeB) magnet block.
(2) Titanium.
(3) Energetic materials.
(4) Iso-molded graphite.
(5) Grain-oriented electric steel.
(6) Tire cord steel.
(7) Cadmium zinc telluride.
(8) Any additional materials identified as stockpile
requirements in the most recent report submitted to Congress
under section 14 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h-5).
(b) Fiscal Year Limitation.--The authority under subsection (a) is
available for purchases during fiscal years 2023 through 2032.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the National Defense Stockpile Transaction Fund
$1,003,500,000 for the acquisition of strategic and critical materials
under section 6(a) of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98e(a)).
(d) Compliance With Strategic and Critical Materials Stock Piling
Act.--Any acquisition using funds appropriated pursuant to the
authorization of appropriations under subsection (c) shall be carried
out in accordance with the provisions of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98 et seq.).
SEC. 1415. DEPARTMENT OF DEFENSE READINESS TO SUPPORT PROLONGED
CONFLICT.
(a) Studies Required.--
(1) In general.--For each report required by section 14(a)
of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h-5(a)), the National Defense Stockpile Manager
shall--
(A) conduct a study on the strategic materials
required by the Department of Defense to sustain combat
operations for not less than one year against the
pacing threat identified in the National Defense
Strategy; and
(B) not later than January 15, 2024, submit to the
congressional defense committees a report on such study
in a classified form with an unclassified summary.
(2) Energy storage and electronic components.--
(A) In general.--The Under Secretary of Defense for
Acquisition and Sustainment shall conduct a study of
the energy storage and electronic components necessary
to sustain combat operations for not less than one year
against the pacing threat identified in the National
Defense Strategy.
(B) Report.----
(i) In general.--Not later than January 15,
2024, the Under Secretary of Defense for
Acquisition and Sustainment shall submit to the
congressional defense committees a report on
the study required under subparagraph (A).
(ii) Form.--The report required by clause
(i) shall be submitted in an unclassified form
but may contain a classified annex.
(iii) Elements.--The report required by
clause (i) shall include the following:
(I) A description of the specific
number and type of energy storage and
electronic components that the
Department of Defense requires for the
manufacture of munitions, combat
support items, and weapon systems to
sustain combat operations.
(II) A description of the specific
number and type of energy storage and
electronic components that the
Department of Defense requires to
replenish or replace munitions, combat
support items, and weapon systems that
are lost or expended during the
execution and sustainment of the
relevant operational plan.
(III) A description of supply chain
vulnerabilities during the sustainment
and execution period, such as sole
sources of supply, war damage, and
shipping interdiction.
(IV) A description of supply chain
vulnerabilities prior to the
sustainment and execution period and
the replenishment and replacement
period, such as reliance on sole
sources of supply, geographic proximity
to strategic competitors, and
diminishing manufacturing sources.
(V) An identification of
alternative sources of supply for
energy and electronics components that
are domestic or are from allies or
partners of the United States.
(VI) An assessment of the technical
and economic feasibility of the
preparedness and response programs of
the Department of Defense, such as the
National Defense Stockpile, the
Warstopper program, war reserves and
pre-positioned stocks, contract
options, or other methods to mitigate
postulated shortfalls to Department of
Defense requirements.
(VII) Any other such elements
deemed appropriate by the Under
Secretary of Defense for Acquisition
and Sustainment.
(C) Energy storage and electronic component
defined.--In this paragraph, the term ``energy storage
and electronic component'' includes--
(i) an item that operates by controlling
the flow of electrons or other electrically
charged particles in circuits, using
interconnections of electrical devices such as
resistors, inductors, capacitors, diodes,
switches, transistors, or integrated circuits;
and
(ii) battery cells, battery modules,
battery packs, and other related components
related to batteries.
(b) Acquisition Priority.--Consistent with the authority in section
5 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98d) and subject to the availability of appropriations, the National
Defense Stockpile Manager shall acquire the highest priority strategic
and critical materials identified in the report submitted under
subsection (a)(1).
(c) Strategic and Critical Materials Defined.--In this section, the
term ``strategic and critical materials'' has the meaning given such
term in section 12 of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98h-3).
Subtitle C--Other Matters
SEC. 1421. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY
DEMONSTRATION FUND FOR CAPTAIN JAMES A. LOVELL HEALTH
CARE CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds authorized to be
appropriated for section 1405 and available for the Defense Health
Program for operation and maintenance, $168,000,000 may be transferred
by the Secretary of Defense to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund
established by subsection (a)(1) of section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2571). For purposes of subsection (a)(2) of such section 1704,
any funds so transferred shall be treated as amounts authorized and
appropriated specifically for the purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of subsection (b)
of such section 1704, facility operations for which funds transferred
under subsection (a) may be used are operations of the Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
under an operational agreement covered by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500).
SEC. 1422. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is hereby authorized to be appropriated for fiscal year 2023
from the Armed Forces Retirement Home Trust Fund the sum of
$152,360,000 of which--
(1) $75,360,000 is for operation, maintenance, construction
and renovation; and
(2) $77,000,000 is for major construction.
TITLE XV--CYBER AND INFORMATION OPERATIONS MATTERS
Subtitle A--Cyber Matters
Sec. 1501. Improvements to Principal Cyber Advisors.
Sec. 1502. Annual reports on support by military departments for United
States Cyber Command.
Sec. 1503. Modification of office of primary responsibility for
strategic cybersecurity program.
Sec. 1504. Tailored cyberspace operations organizations.
Sec. 1505. Establishment of support center for consortium of
universities that advise Secretary of
Defense on cybersecurity matters.
Sec. 1506. Alignment of Department of Defense cyber international
strategy with National Defense Strategy and
Department of Defense Cyber Strategy.
Sec. 1507. Enhancement of cyberspace training and security cooperation.
Sec. 1508. Military Cybersecurity Cooperation with Hashemite Kingdom of
Jordan.
Sec. 1509. Management and oversight of Joint Cyber Warfighting
Architecture.
Sec. 1510. Integrated non-kinetic force development.
Sec. 1511. Protection of critical infrastructure.
Sec. 1512. Budget display for cryptographic modernization activities
for certain systems of the Department of
Defense.
Sec. 1513. Establishing projects for data management, artificial
intelligence, and digital solutions.
Sec. 1514. Operational testing for commercial cybersecurity
capabilities.
Subtitle B--Information Operations
Sec. 1521. Requirement to notify Chief of Mission of military operation
in the information environment.
Sec. 1522. Assessment and optimization of Department of Defense
information and influence operations
conducted through cyberspace.
Sec. 1523. Joint information operations course.
Sec. 1524. Limitation on availability of certain funds until submission
of joint lexicon for terms related to
information operations.
Sec. 1525. Limitation on availability of funds pending submittal of
information operations strategy and posture
review.
Sec. 1526. Limitation on availability of certain funds until submission
of assessments relating to cybersecurity of
the defense industrial base.
Subtitle C--Personnel
Sec. 1531. Cyber operations-peculiar awards.
Sec. 1532. Establishment of Cyber Operations Designator and rating for
the Navy.
Sec. 1533. Total force generation for the Cyberspace Operations Forces.
Sec. 1534. Correcting cyber mission force readiness shortfalls.
Sec. 1535. Department of Defense Cyber and Digital Service Academy.
Sec. 1536. Report on recommendations from Navy Civilian Career Path
study.
Sec. 1537. Study to determine optimal strategy for structuring and
manning elements of Joint Force
Headquarters-Cyber Organizations, Joint
Mission Operations Centers, and Cyber
Operations-Integrated Planning Elements.
Sec. 1538. Manning review of Space Force cyber squadrons.
Sec. 1539. Independent review of posture and staffing levels of Office
of the Chief Information Officer.
Sec. 1540. Independent assessment of Civilian Cybersecurity Reserve for
Department of Defense.
Sec. 1541. Comprehensive review of Cyber Excepted Service.
Subtitle D--Reports and Other Matters
Sec. 1551. Pilot program for sharing cyber capabilities and related
information with foreign operational
partners.
Sec. 1552. Demonstration program for cyber and information technology
budget data analytics.
Sec. 1553. Plan for commercial cloud test and evaluation.
Sec. 1554. Roadmap and implementation plan for cyber adoption of
artificial intelligence.
Sec. 1555. Review of Department of Defense implementation of
recommendations from Defense Science Board
cyber report.
Sec. 1556. Annual briefing on relationship between National Security
Agency and United States Cyber Command.
Sec. 1557. Review of definitions associated with Cyberspace Operations
Forces.
Sec. 1558. Annual assessments and reports on assignment of certain
budget control responsibility to Commander
of United States Cyber Command.
Sec. 1559. Assessments of weapons systems vulnerabilities to radio-
frequency enabled cyber attacks.
Sec. 1560. Briefing on Department of Defense plan to deter and counter
adversaries in the information environment.
Subtitle A--Cyber Matters
SEC. 1501. IMPROVEMENTS TO PRINCIPAL CYBER ADVISORS.
(a) Certification Authority for Cyberspace Operations.--Subsection
(c) of section 932 of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 10 U.S.C. 2224 note) is amended by adding
at the end the following:
``(4) Budget review.--(A) The Secretary of Defense, acting
through the Under Secretary of Defense (Comptroller), shall
require the Secretaries of the military departments and the
heads of the Defense agencies with responsibilities associated
with any activity specified in paragraph (2) to transmit the
proposed budget for such activities for a fiscal year and for
the period covered by the future-years defense program
submitted to Congress under section 221 of this title for that
fiscal year to the Principal Cyber Advisor for review under
subparagraph (B) before submitting the proposed budget to the
Under Secretary of Defense (Comptroller).
``(B) The Principal Cyber Advisor shall review each
proposed budget transmitted under subparagraph (A) and, not
later than January 31 of the year preceding the fiscal year for
which the budget is proposed, shall submit to the Secretary of
Defense a report containing the comments of the Principal Cyber
Advisor with respect to all such proposed budgets, together
with the certification of the Principal Cyber Advisor regarding
whether each proposed budget is adequate.
``(C) Not later than March 31 of each year, the Secretary
of Defense shall submit to Congress a report specifying each
proposed budget that the Principal Cyber Advisor did not
certify to be adequate. The report of the Secretary shall
include the following matters:
``(i) A discussion of the actions that the
Secretary proposes to take, together with any
recommended legislation that the Secretary considers
appropriate, to address the inadequacy of the proposed
budgets specified in the report.
``(ii) Any additional comments that the Secretary
considers appropriate regarding the inadequacy of the
proposed budgets.''.
(b) Codification of Principal Cyber Advisors.--
(1) Title 10.--Chapter 19 of title 10, United States Code,
is amended by inserting after section 392 the following new
section (and conforming the table of sections at the beginning
of such chapter accordingly):
``Sec. 392a. Principal Cyber Advisors''.
(2) Principal cyber advisor to secretary of defense.--
Subsection (c) of section 932 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 2224 note), as amended by subsection (a), is--
(A) transferred to section 392a of title 10, United
States Code, as added by paragraph (1);
(B) redesignated as subsection (a);
(C) amended by striking paragraph (1) and inserting
the following:
``(1) Establishment.--There is a Principal Cyber Advisor in
the Department of Defense.''; and
(D) amended in the subsection heading by inserting
``to Secretary of Defense'' after ``Advisor''.
(3) Deputy cyber advisor.--Section 905 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 10 U.S.C. 391 note) is--
(A) transferred to chapter 19 of title 10, United
States Code, designated as subsection (b) of section
392a, as added by paragraph (1), and amended by
redesignating each subordinate provision and the
margins thereof accordingly; and
(B) amended--
(i) by striking ``this subsection'' each
place it appears and inserting ``this
paragraph''; and
(ii) by striking ``subsection (a)'' each
place it appears and inserting ``paragraph
(1)''.
(4) Principal cyber advisors to secretaries of military
departments.--Section 1657 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 391 note) is--
(A) transferred to chapter 19 of title 10, United
States Code, designated as subsection (c) of section
392a, as added by paragraph (1), and amended by
redesignating each subordinate provision and the
margins thereof accordingly; and
(B) amended--
(i) by striking ``subparagraph (B)'' and
inserting ``clause (ii)'';
(ii) by striking ``paragraph (1)'' each
place it appears and inserting ``subparagraph
(A)'';
(iii) by striking ``paragraph (2)'' each
place it appears and inserting ``subparagraph
(B)'';
(iv) by striking ``subsection (a)(1)'' and
inserting ``paragraph (1)(A)'';
(v) by striking ``subsection (a)'' each
place it appears and inserting ``paragraph
(1)'';
(vi) by striking ``subsection (b)'' each
place it appears and inserting ``paragraph
(2)''; and
(vii) by striking paragraph (6) (as
redesignated pursuant to subparagraph (A)).
(c) Conforming Amendments.--
(1) Title 10.--Section 167b(d)(2)(A) of title 10, United
States Code, is amended by inserting ``to the Secretary of
Defense under section 392a(a) of this title'' after ``Principal
Cyber Advisor''.
(2) FY22 ndaa.--Section 1528(e)(2) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10
U.S.C. 2224 note) is amended by striking ``section 1657(d) of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 391 note)'' and inserting
``section 392a(c)(4) of title 10, United States Code''.
(3) FY17 ndaa.--Section 1643(b) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 2224 note) is amended by striking ``The Principal Cyber
Advisor, acting through the cross-functional team established
by section 932(c)(3) of the National Defense Authorization Act
for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2224 note)''
and inserting ``The Principal Cyber Advisor to the Secretary of
Defense, acting through the cross-functional team under section
392a(a)(3) of title 10, United States Code,''.
SEC. 1502. ANNUAL REPORTS ON SUPPORT BY MILITARY DEPARTMENTS FOR UNITED
STATES CYBER COMMAND.
(a) Annual Reports.--Chapter 19 of title 10, United States Code, is
amended by inserting after section 391 the following new section (and
conforming the table of sections at the beginning of such chapter
accordingly):
``Sec. 391a. Annual reports on support by military departments for
United States Cyber Command
``(a) Reports.--Not later than 15 days after the date on which the
Secretary of Defense submits to Congress the defense budget materials
(as defined in section 239 of this title) for a fiscal year, the
Commander of the United States Cyber Command shall submit to the
congressional defense committees a report containing the following:
``(1) An evaluation of whether each military department is
meeting the requirements established by the Commander and
validated by the Office of the Secretary of Defense, and is
effectively implementing the plan required by section 1534 of
the National Defense Authorization Act for Fiscal Year 2023,
and the requirements established pursuant to section 1533 of
such Act.
``(2) For each military department evaluated under
paragraph (1)--
``(A) a certification that the military department
is meeting such requirements; or
``(B) a detailed explanation regarding how the
military department is not meeting such requirements.
``(b) Elements of Evaluation.--Each evaluation under subsection
(a)(1) shall include, with respect to the military department being
evaluated, the following:
``(1) The adequacy of the policies, procedures, and
execution of manning, training, and equipping personnel for
employment within the Cyber Mission Force.
``(2) The sufficiency and robustness of training curricula
for personnel to be assigned to either the Cyber Mission Force
or units within the cyberspace operations forces, and the
compliance by the military department with training standards.
``(3) The adequacy of the policies and procedures relating
to the assignment and assignment length of members of the Army,
Navy, Air Force, Marine Corps, or Space Force to the Cyber
Mission Force.
``(4) The efficacy of the military department in filling
key work roles within the Cyber Mission Force, including the
proper force mix of civilian, military, and contractor
personnel, and the means necessary to meet requirements
established by the Commander and validated by the Secretary of
Defense.
``(5) The adequacy of the investment to advance cyber-
peculiar science and technology, particularly with respect to
capability development for the Cyber Mission Force.
``(6) The sufficiency of the policies, procedures, and
investments relating to the establishment and management of
military occupational specialty, designator, rating, or Air
Force specialty code for personnel responsible for cyberspace
operations, including an assessment of the effectiveness of the
combination of policies determining availability and retention
of sufficient numbers of proficient personnel in key work
roles, including length of service commitment, the use of
bonuses and special pays, alternative compensation mechanisms,
and consecutive tours in preferred assignments.
``(7) In coordination with the Principal Cyber Advisor of
the Department of Defense, an evaluation of the use by the
military department of the shared lexicon of the Department of
Defense specific to cyberspace activities.
``(8) The readiness of personnel serving in the Cyber
Mission Force and the cyberspace operations forces to
accomplish assigned missions.
``(9) The adequacy of actions taken during the period of
evaluation by the military department to respond to findings
from any previous years' evaluations.
``(10) Any other element determined relevant by the
Commander.''.
(b) First Report.--The Commander of the United States Cyber Command
shall submit to the congressional defense committees the first report
under section 391a of title 10, United States Code, as added by
subsection (a), as soon as practicable after the date of the submission
of the defense budget materials for fiscal year 2024.
SEC. 1503. MODIFICATION OF OFFICE OF PRIMARY RESPONSIBILITY FOR
STRATEGIC CYBERSECURITY PROGRAM.
Paragraph (2) of section 1640(c) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C.
2224 note) is amended to read as follows:
``(2) Office of primary responsibility.--Not later than 30
days after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2023, the Secretary of
Defense shall designate a principal staff assistant from within
the Office of the Secretary of Defense whose office shall serve
as the office of primary responsibility for the Program,
providing policy, direction, and oversight regarding the
execution of the responsibilities of the program manager
described in paragraph (5).''.
SEC. 1504. TAILORED CYBERSPACE OPERATIONS ORGANIZATIONS.
Section 1723 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C.
394 note) is amended by adding at the end the following new
subsections:
``(e) Implementation.--Not later than May 1, 2023, the Commanding
Officer of Navy Cyber Warfare Development Group shall submit to the
congressional defense committees an independent review of the study
under subsection (a). The review shall include, at a minimum,
evaluations of--
``(1) the value of the study to the Navy Cyber Warfare
Development Group and to the Navy;
``(2) any recommendations not considered or included as
part of the study;
``(3) the implementation of subsection (b); and
``(4) other matters as determined by the Commanding
Officer.
``(f) Update to Congress.--Not later than July 1, 2023, the
Secretaries of the military departments and the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict shall provide
to the congressional defense committees a briefing on activities taken
during the period following the date of the briefing provided under
subsection (d), including an examination of establishing Tailored
Cyberspace Operations Organizations and use of the authority provided
pursuant to subsection (c).
``(g) Air Force Actions.--Not later than July 1, 2023, the
Secretary of the Air Force shall submit to the congressional defense
committees a review of the activities of the Navy Cyber Warfare
Development Group, including with respect to the authorities of the
Group. The review shall include the following:
``(1) An assessment of whether such authorities shall be
conferred on the 90th Cyberspace Operations Squadron of the Air
Force.
``(2) A consideration of whether the 90th Cyberspace
Operations Squadron should be designated a controlled tour, as
defined by the Secretary.''.
SEC. 1505. ESTABLISHMENT OF SUPPORT CENTER FOR CONSORTIUM OF
UNIVERSITIES THAT ADVISE SECRETARY OF DEFENSE ON
CYBERSECURITY MATTERS.
Section 1659 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 391 note) is amended by adding
at the end the following new subsection:
``(f) Support Center.--
``(1) Establishment.--The Secretary shall establish a
center to provide support to the consortium established under
subsection (a).
``(2) Composition.--
``(A) Requirement.--The center established under
paragraph (1) shall be composed of one or two
universities, as the Secretary considers appropriate,
that--
``(i) have been designated as centers of
academic excellence by the Director of the
National Security Agency or the Secretary of
Homeland Security; and
``(ii) are eligible for access to
classified information.
``(B) Publication.--The Secretary shall publish in
the Federal Register the process for selection of
universities to serve as the center established under
paragraph (1).
``(3) Functions.--The functions of the center established
under paragraph (1) are as follows:
``(A) To promote the consortium established under
subsection (a).
``(B) To distribute on behalf of the Department
requests for information or assistance to members of
the consortium.
``(C) To collect and assemble responses from
requests distributed under subparagraph (B).
``(D) To provide additional administrative support
for the consortium.''.
SEC. 1506. ALIGNMENT OF DEPARTMENT OF DEFENSE CYBER INTERNATIONAL
STRATEGY WITH NATIONAL DEFENSE STRATEGY AND DEPARTMENT OF
DEFENSE CYBER STRATEGY.
(a) Alignment Required.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense, acting through the
Under Secretary of Defense for Policy and in coordination with the
commanders of the combatant commands and the Director of the Joint
Staff, shall undertake efforts to align the cybersecurity cooperation
enterprise of the Department of Defense and the cyberspace operational
partnerships of the Department with--
(1) the national defense strategy published in 2022
pursuant to section 113(g) of title 10, United States Code;
(2) the Cyber Strategy of the Department published during
fiscal year 2023; and
(3) the current International Cyberspace Security
Cooperation Guidance of the Department, as of the date of the
enactment of this Act.
(b) Elements.--The alignment efforts under subsection (a) shall
include the following efforts within the Department of Defense:
(1) Efforts to build the internal capacity of the
Department to support international strategy policy engagements
with allies and partners of the United States.
(2) Efforts to coordinate and align cyberspace operations
with foreign partners of the United States, including alignment
between hunt-forward missions and other cyber international
strategy activities conducted by the Department, including
identification of processes, working groups, and methods to
facilitate coordination between geographic combatant commands
and the United States Cyber Command.
(3) Efforts to deliberately cultivate operational and
intelligence-sharing partnerships with key allies and partners
of the United States to advance the cyberspace operations
objectives of the Department.
(4) Efforts to identify key allied and partner networks,
infrastructure, and systems that the Joint Force will rely upon
for warfighting and to--
(A) support the cybersecurity and cyber defense of
those networks, infrastructure, and systems;
(B) build partner capacity to actively defend those
networks, infrastructure, and systems;
(C) eradicate malicious cyber activity that has
compromised those networks, infrastructure, and
systems, such as when identified through hunt-forward
operations; and
(D) leverage the commercial and military
cybersecurity technology and services of the United
States to harden and defend those networks,
infrastructure, and systems.
(5) Efforts to secure the environments and networks of
mission partners of the United States used to hold intelligence
and information originated by the United States.
(6) Prioritization schemas, funding requirements, and
efficacy metrics to drive cyberspace security investments in
the tools, technologies, and capacity-building efforts that
will have the greatest positive impact on the resilience and
ability of the Department to execute its operational plans and
achieve integrated deterrence.
(c) Organization.--The Under Secretary of Defense for Policy shall
lead efforts to implement this section. In doing so, the Under
Secretary shall consult with the Secretary of State, the National Cyber
Director, the Director of the Cybersecurity and Infrastructure Security
Agency, and the Director of the Federal Bureau of Investigation, to
align plans and programs as appropriate.
(d) Annual Briefings.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, and not less frequently than once
each fiscal year until September 30, 2025, the Under Secretary
of Defense for Policy shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a
briefing on the implementation of this section.
(2) Contents.--Each briefing under paragraph (1) shall
include the following:
(A) An overview of efforts undertaken pursuant to
this section.
(B) An accounting of all the security cooperation
activities of the Department germane to cyberspace and
changes made pursuant to implementation of this
section.
(C) A detailed schedule with target milestones and
required expenditures for all planned activities
related to the efforts described in subsection (b).
(D) Interim and final metrics for building the
cyberspace security cooperation enterprise of the
Department.
(E) Identification of such additional funding,
authorities, and policies, as the Under Secretary
determines may be required.
(F) Such recommendations as the Under Secretary may
have for legislative action to improve the
effectiveness of cyberspace security cooperation of the
Department with foreign partners and allies.
(e) Annual Report.--Not later than 90 days after the date of the
enactment of this Act and not less frequently than once each year
thereafter until January 1, 2025, the Under Secretary of Defense for
Policy shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a
report summarizing the cyber international strategy activities of the
Department, including within the cybersecurity cooperation enterprise
of the Department and the cyber operational partnerships of the
Department.
SEC. 1507. ENHANCEMENT OF CYBERSPACE TRAINING AND SECURITY COOPERATION.
(a) Enhanced Training.--
(1) Requirement.--The Under Secretary of Defense for
Intelligence and Security and the Under Secretary of Defense
for Policy, in coordination with the Commander of United States
Cyber Command, the Director of the Defense Security Cooperation
Agency, and the Director of the Defense Intelligence Agency,
shall develop enhanced guidance for and implement training on
cyberspace security cooperation at the Defense Security
Cooperation University and the Joint Military Attache School.
(2) Timing.--The Under Secretaries shall develop the
enhanced guidance and implement the training under paragraph
(1)--
(A) by not later than one year after the date of
the enactment of this Act with respect to the Joint
Military Attache School; and
(B) by not later than September 30, 2025, with
respect to the Defense Security Cooperation University.
(3) Elements.--The Under Secretaries shall ensure that the
training on cyberspace security cooperation under paragraph
(1)--
(A) is tailored to the trainees' anticipated
embassy role and functions; and
(B) provides familiarity with--
(i) the different purposes of cyberspace
engagements with partners and allies of the
United States, including threat awareness,
cybersecurity, mission assurance, and
operations;
(ii) the types of cyberspace security
cooperation programs and activities available
for partners and allies of the United States,
including bilateral and multilateral cyberspace
engagements, information and intelligence
sharing, training, and exercises;
(iii) the United States Cyber Command
cyberspace operations with partners, including
an overview of the Hunt Forward mission and
process;
(iv) the roles and responsibilities of the
United States Cyber Command, the geographic
combatant commands, and the Defense Security
Cooperation Agency for cybersecurity
cooperation within the Department of Defense;
and
(v) such other matters as the Under
Secretaries, in coordination with the Commander
of United States Cyber Command, consider
appropriate.
(4) Requirements.--The baseline familiarization training
developed under subsection (a) shall be a required element for
all participants in the Defense Security Cooperation
University, the Attache Training Program, and the Attache Staff
Training Program of the Joint Military Attache School.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Intelligence
and Security and the Under Secretary of Defense for Policy, in
coordination with the Commander of the United States Cyber Command, the
Director of the Defense Security Cooperation Agency, and the Director
of the Defense Intelligence Agency, shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on the requirements and considerations to implement enhanced training
and coordination to advance cyberspace security cooperation with
foreign partners. The study may consider such areas as the following:
(1) Sufficiency of the training provided in the Defense
Security Cooperation University and the Joint Military Attache
School.
(2) Additional training requirements, familiarization
requirements, or both such requirements necessary for officers
assigned to particular locations or positions.
(3) Areas for increased cooperation.
(4) A plan for completing the activities required by
subsection (a).
(5) Additional resources required to complete such
activities.
(c) Briefing.--Not later than 30 days after the date on which the
Under Secretary of Defense for Intelligence and Security and the Under
Secretary of Defense for Policy submit the report under subsection (b),
the Under Secretaries, in coordination with the Commander of the United
States Cyber Command, the Director of the Defense Security Cooperation
Agency, and the Director of the Defense Intelligence Agency, shall
provide to the Committees on Armed Services of the Senate and the House
of Representatives a briefing on the findings from the report on
enhancing training and coordination to advance cyberspace security
cooperation described in such subsection. Such briefing shall include a
discussion on the enhanced training meeting the elements under
subsection (a)(3) and a plan for future updates and sustainment of such
training.
SEC. 1508. MILITARY CYBERSECURITY COOPERATION WITH HASHEMITE KINGDOM OF
JORDAN.
(a) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Under Secretary of Defense for Policy, in concurrence with the
Secretary of State and in coordination with the Commander of the United
States Cyber Command and the Commander of the United States Central
Command, shall seek to engage the Ministry of Defense of the Hashemite
Kingdom of Jordan for the purpose of expanding cooperation of military
cybersecurity activities.
(b) Cooperation Efforts.--In expanding the cooperation of military
cybersecurity activities between the Department of Defense and the
Ministry of Defense of the Hashemite Kingdom of Jordan under subsection
(a), the Secretary of Defense may carry out the following efforts:
(1) Bilateral cybersecurity training activities and
exercises.
(2) Efforts to--
(A) actively defend military networks,
infrastructure, and systems;
(B) eradicate malicious cyber activity that has
compromised those networks, infrastructure, and
systems; and
(C) leverage United States commercial and military
cybersecurity technology and services to harden and
defend those networks, infrastructure, and systems.
(3) Establishment of a regional cybersecurity center.
(c) Briefings.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall provide to the
appropriate congressional committees a briefing on the
implementation of this section.
(2) Contents.--The briefing under paragraph (1) shall
include the following:
(A) An overview of efforts undertaken pursuant to
this section.
(B) A description of the feasibility and
advisability of expanding the cooperation of military
cybersecurity activities between the Department of
Defense and the Ministry of Defense of the Hashemite
Kingdom of Jordan.
(C) Identification of any challenges and resources
that need to be addressed so as to expand such
cooperation.
(D) Any other matter the Secretary determines
relevant.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1509. MANAGEMENT AND OVERSIGHT OF JOINT CYBER WARFIGHTING
ARCHITECTURE.
(a) Establishment of Offices.--
(1) Requirement.--The Secretary of Defense, in consultation
with the Commander of the United States Cyber Command, shall
establish within the United States Cyber Command--
(A) a program executive office; and
(B) one or more subordinate program management
offices under the program executive office.
(2) Responsibilities.--The offices established pursuant to
paragraph (1) shall--
(A) oversee, manage, and execute the Joint Cyber
Warfighting Architecture;
(B) oversee, manage, and execute the programs
designated, or to be designated, as part of the Joint
Cyber Warfighting Architecture;
(C) conduct mission engineering, architecting, and
design of the Joint Cyber Warfighting Architecture
system of systems, and any successor effort;
(D) maintain a validated Joint Cyber Warfighting
Architecture system of systems mission architecture,
updated regularly to inform the current and future
constituent programs of the Joint Cyber Warfighting
Architecture, and the continuous delivery pipelines of
such programs;
(E) ensure that the Joint Cyber Warfighting
Architecture component solution architectures align
with and support the Joint Cyber Warfighting
Architecture system of systems mission architecture;
(F) support integration of mission-specific
capabilities, including mission-specific data,
analytics, defensive tools, offensive tools, and
intelligence systems, acquired through non-Joint Cyber
Warfighting Architecture programs; and
(G) carry out any other responsibilities determined
appropriate by the Secretary of Defense, including the
acquisition of cyber operations capabilities beyond the
Joint Cyber Warfighting Architecture.
(3) Apportionment of responsibilities.--The Commander shall
apportion the responsibilities under paragraph (2) across the
offices established pursuant to paragraph (1).
(4) Authority.--The Secretary shall ensure that the offices
established pursuant to paragraph (1) are empowered with the
authority necessary to compel and enforce compliance with
decisions and directives issued pursuant to the
responsibilities under paragraph (2).
(b) Architecture Components.--The Commander shall serve as the sole
sponsor and requirements manager for the Joint Cyber Warfighting
Architecture and the constituent programs of such architecture, as
determined by the Commander.
(c) Organization of Program Executive Office.--
(1) Head.--
(A) Reporting.--The head of the program executive
office established under subsection (a)(1)(A) shall
report to the Command Acquisition Executive of the
United States Cyber Command.
(B) Additional oversight.--In addition to the
oversight of the head of the program executive office
provided by the Command Acquisition Executive under
subparagraph (A), the Under Secretary of Defense for
Acquisition and Sustainment, the Under Secretary of
Defense for Research and Engineering, and the Principal
Cyber Advisor of the Department of Defense shall
provide oversight of the head.
(2) Responsibilities.--The head of the program executive
office shall--
(A) exercise central technical authority for the
Joint Cyber Warfighting Architecture;
(B) manage and provide oversight of the
implementation and integration of the Architecture; and
(C) provide direction to subordinate program
offices, as determined appropriate by the Commander.
(d) Personnel.--
(1) Necessary positions.--The Commander of the United
States Cyber Command shall ensure that the program executive
office or any subordinate program management office established
pursuant to subsection (a)(1) includes in the staff of the
respective office a chief architect, a systems engineer, and a
chief talent officer to--
(A) develop a mission-driven Joint Cyber
Warfighting Architecture optimized for execution of
missions of the United States Cyber Command;
(B) ensure the office is properly and effectively
staffed; and
(C) advise the head of the office with respect to
the execution of--
(i) the central technical authority for the
Joint Cyber Warfighting Architecture;
(ii) the management of the implementation
and integration of the Joint Cyber Warfighting
Architecture; and
(iii) technical direction provided to
subordinates responsible for individual Joint
Cyber Warfighting Architecture programs.
(2) Staffing.--
(A) In general.--The Secretary of Defense, in
coordination with the Commander of the United States
Cyber Command, shall ensure that the offices
established pursuant to subsection (a)(1) are
appropriately staffed with expert talent, including
from the following organizations, as appropriate:
(i) The headquarters staff of the United
States Cyber Command, the Cyber National
Mission Force, the Joint Force Headquarters-
Cyber, and the Cyber Mission Force.
(ii) The Capabilities Directorate of the
National Security Agency.
(iii) The military departments.
(iv) The Cyber Capabilities Support Office
of the Air Force.
(v) The Defense Advanced Research Projects
Agency.
(vi) The Strategic Capabilities Office.
(vii) Research laboratories of the military
departments.
(viii) The Defense Information Systems
Agency.
(B) Technical talent.--In addition to the
requirement under subparagraph (A), to support the
permanent staffing of the offices established pursuant
to subsection (a)(1), the Commander of the United
States Cyber Command shall ensure that the offices
deliberately hire and use technical talent resident in
the defense industrial base, commercial technology
industry, federally funded research and development
centers, university affiliated research centers, and
the rest of the Federal Government.
(e) Budget Execution Control.--The Secretary shall provide to the
United States Cyber Command the resources necessary to support the
program executive office established under subsection (a)(1)(A) and the
Commander of the United States Cyber Command shall exercise budget
execution control over component programs of the Joint Cyber
Warfighting Architecture that are subject to the responsibilities
assigned to the Commander by section 1507 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C.
167b note).
(f) Constellation Program.--The Director of the Defense Advanced
Research Projects Agency and the head of the program executive office
established under subsection (a)(1)(A) shall plan and carry out the
Constellation program by entering into transactions under section 4021
of title 10, United States Code. In carrying out the preceding
sentence, the Secretary shall establish an effective framework and
pipeline system for maturing cyber operations-relevant technologies
developed by the Agency, integrating the technologies into Joint Cyber
Warfighting Architecture capabilities, and transitioning the
technologies into operational use by the United States Cyber Command.
(g) Transition.--The Secretary of Defense, in coordination with the
Commander of the United States Cyber Command, shall transition
responsibilities for the management and execution of Joint Cyber
Warfighting Architecture programs from the military departments to the
offices established pursuant to subsection (a)(1) by the earlier of the
following:
(1) The date on which--
(A) the offices are appropriately staffed and
resourced; and
(B) the Commander determines that the transition is
appropriate.
(2) The date that is five years after the date of the
enactment of this Act.
(h) Review.--Not later than one year after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition
and Sustainment and the Commander of the United States Cyber Command,
in coordination with the Under Secretary of Defense for Research and
Engineering, the Principal Cyber Advisor of the Department of Defense,
the Secretaries of the military departments, the Director of the
Defense Advanced Research Projects Agency, and the Director of the
National Security Agency, shall submit to the congressional defense
committees an integrated review of the Joint Cyber Warfighting
Architecture and all other capabilities required for the execution of
the missions of the United States Cyber Command to determine the
following:
(1) The extent to which capabilities of the United States
Cyber Command and the National Security Agency should be joint,
mutually available, integrated, or interoperable.
(2) Whether each of the Joint Cyber Warfighting
Architecture capabilities has been effectively designed and
architected to enable each of the missions of the United States
Cyber Command.
(3) How the Joint Cyber Warfighting Architecture will
support defense of the Department of Defense Information
Network and its relation to existing datasets, sensors, tools,
firewalls, and capabilities deployed at each echelon of the
Department of Defense Information Network.
(4) What data, capabilities, and technologies external to
the current Joint Cyber Warfighting Architecture programs, as
of the date of the review, should be acquired as part of the
Joint Cyber Warfighting Architecture and under the control of
the offices established pursuant to subsection (a)(1).
(5) What mission-specific data, capabilities, and
technologies external to the current Joint Cyber Warfighting
Architecture programs should integrate with or be interoperable
with the Joint Cyber Warfighting Architecture system of
systems.
(6) The organization and staffing of such offices,
including--
(A) whether the program executive office should be
responsible for overseeing the acquisition of the cyber
operations capabilities of the United States Cyber
Command generally or the Joint Cyber Warfighting
Architecture specifically;
(B) what subordinate program management offices
should be established under the program executive
office;
(C) whether the Joint Cyber Warfighting
Architecture programs should be consolidated within a
single program management office; and
(D) which personnel should be appointed to such
offices pursuant to subsection (d)(1).
(7) The timeline for the execution of the transition under
subsection (g).
(8) The acquisition strategy of the Department for
procuring the Joint Cyber Warfighting Architecture and related
capabilities, including relevant enterprise strategic
initiatives and contracting strategies.
(9) The responsibilities of the United States Cyber Command
J2, J3, J5, J6, J8, and J9 in acquiring, authorizing, and
managing cyber capabilities.
(10) The physical locations of the offices established
pursuant to subsection (a)(1).
(i) Briefing Required.--Not later than 540 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment and the Commander of the United States
Cyber Command shall jointly provide to the congressional defense
committees a briefing on the status of the implementation of this
section.
(j) Repeal.--Section 1645 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 4571 note prec.) is
repealed.
(k) Joint Cyber Warfighting Architecture Defined.--In this section,
the term ``Joint Cyber Warfighting Architecture'' means the range of
joint cyber warfighting systems and capabilities that support the full
spectrum of military cyber operations, as designated by the Commander
of the United States Cyber Command, and includes any such successor
effort.
SEC. 1510. INTEGRATED NON-KINETIC FORCE DEVELOPMENT.
(a) Force Development.--
(1) In general.--The Secretary of Defense shall establish
forces, capabilities, and information support to enable the
delivery of non-kinetic effects that provide increased
survivability and effectiveness of military forces within a
defense planning scenario.
(2) Force planning.--To support the development of the
forces, capabilities, and information support under paragraph
(1), the Secretary shall establish a force planning activity to
identify and define the relevant forces, capabilities, and
information support required to develop and deliver non-kinetic
effects within a defense planning scenario. The Secretary shall
ensure that the force planning activity identifies--
(A) desired operational effects within such
scenario;
(B) the gaps that limit the ability to access
important targets, the development of capabilities, the
conduct of mission planning, and the execution of
operations to deliver such effects;
(C) the collection systems, analytic expertise and
capacity, analytic tools and processes, foreign
materiel, and product lines required to support
development and delivery of such effects;
(D) the forces required to deliver such effects,
including associated doctrine, training, expertise,
organization, authorities, and command and control
arrangements; and
(E) the cyber, electronic warfare, sensing, and
communications capabilities, and delivery platforms and
mechanisms, required to achieve such effects and the
extent to which such capabilities, platforms, and
mechanisms should be integrated with each other.
(3) Initial organization structure.--During an initial
period of not less than 24 months, the Under Secretary of
Defense for Research and Engineering shall organize the force
planning activity established under paragraph (2). The Under
Secretary shall designate a planning official from the Office
of the Under Secretary for Research and Engineering to lead
development and execution of the force planning activity, in
coordination with staff designated by the Director of the Joint
Staff of the Joint Chiefs of Staff. The designated planning
official shall select a lead technical director. After such
initial period, the Secretary may re-assign the force planning
activity to another organization under different leadership.
(4) Plan for follow-on activities.--Not later than 270 days
after the date of the enactment of this Act, the Secretary
shall submit to the congressional defense committees a plan for
follow-on activities regarding the delivery of non-kinetic
effects described in paragraph (1). The Secretary shall ensure
the plan--
(A) includes the identification of dedicated
resources to be controlled by the designated planning
official described in paragraph (3) and an approach
under which the planning official apportions such
resources across the Department of Defense to
establish, augment, and accelerate new and ongoing
activities described in paragraph (1) and subsections
(b), (c), and (d); and
(B) identifies--
(i) a dedicated program element for non-
kinetic force development;
(ii) the suitability of the mission
management authorities established through the
pilot program under section 871 of the National
Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 10 U.S.C. 191 note);
(iii) the utility of using joint capability
technology demonstrations to drive prototyping,
experimentation, and technical integration of
non-kinetic capabilities;
(iv) how the Rapid Defense Experimentation
Reserve might drive prototyping,
experimentation, and technical integration of
non-kinetic capabilities; and
(v) alignment with other experimentation
activities with the appropriate combatant
commands.
(5) Implementation.--During the initial period specified in
paragraph (3), the designated planning official described in
such paragraph shall report directly to the Deputy Secretary of
Defense, to whom the official shall provide updates and
recommendations not less frequently than quarterly. The
Secretary shall ensure that the force planning activity
established under paragraph (2) is supported by representatives
from the military services, relevant combatant commands, the
Strategic Capabilities Office, the Defense Advanced Research
Projects Agency, and other elements within the Department of
Defense, as appropriate.
(b) Forces.--In order to generate the forces identified in
subsection (a)(2)(D), the Secretary of Defense shall--
(1) through the Secretaries of the military departments and
the heads of other Department of Defense components, as
appropriate, establish appropriate forces and accompanying
doctrine, training, and tradecraft;
(2) acting through the Vice Chairman of the Joint Chiefs of
Staff, serving as the Chairman of the Joint Requirements
Oversight Council, ensure that appropriate requirements exist
to guide the development and fielding of forces and means to
deliver non-kinetic effects within a defense planning scenario;
(3) through the Under Secretary of Defense for Policy, in
coordination with the Chairman of the Joint Chiefs of Staff and
the combatant commands, establish appropriate command and
control structures and relationships governing such forces; and
(4) determine the appropriate responsibilities of--
(A) Cyber Mission Force of the United States Cyber
Command;
(B) cyber, electronic warfare, and space forces
provided to other combatant commands; and
(C) other operational entities within the
Department of Defense in delivering non-kinetic
effects.
(c) Capabilities.--In order to develop the capabilities identified
in subsection (a)(2)(E), the Secretary of Defense, acting through the
Director of the Defense Advanced Research Projects Agency, the Director
of the Strategic Capabilities Office, the Secretaries of the military
departments, and the heads of other elements of the Department of
Defense, shall develop the capabilities required for the delivery of
non-kinetic effects within a defense planning scenario.
(d) Policy.--The Secretary of Defense, acting through the Under
Secretary of Defense for Policy and in coordination with the Chairman
of the Joint Chiefs of Staff, shall develop policy governing the
delivery of non-kinetic effects within a defense planning scenario.
(e) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
congressional defense committees a briefing on the status of the
implementation of this section.
(f) Non-kinetic Effects Defined.--In this section, the term ``non-
kinetic effects'' means effects achieved through radio-frequency
transmission of integrated cyber and electronic warfare techniques and
other related and supporting technical measures.
SEC. 1511. PROTECTION OF CRITICAL INFRASTRUCTURE.
(a) In General.--In the event that the President determines that
there is an active, systematic, and ongoing campaign of attacks in
cyberspace by a foreign power against the Government or the critical
infrastructure of the United States, the President may authorize the
Secretary of Defense, acting through the Commander of the United States
Cyber Command, to conduct military cyber activities or operations
pursuant to section 394 of title 10, United States Code, in foreign
cyberspace to deter, safeguard, or defend against such attacks.
(b) Affirmation of Scope of Cyber Activities or Operations.--
Congress affirms that the cyber activities or operations referred to in
subsection (a), when appropriately authorized, shall be conducted
consistent with section 394 of title 10, United States Code.
(c) Definition of Critical Infrastructure.--In this section, the
term ``critical infrastructure'' has the meaning given that term in
subsection (e) of the Critical Infrastructure Protection Act of 2001
(42 U.S.C. 5195c(e)).
SEC. 1512. BUDGET DISPLAY FOR CRYPTOGRAPHIC MODERNIZATION ACTIVITIES
FOR CERTAIN SYSTEMS OF THE DEPARTMENT OF DEFENSE.
(a) Display Required.--Beginning with fiscal year 2024, and for
each fiscal year thereafter, the Secretary of Defense shall include
with the budget justification materials submitted to Congress in
support of the budget of the Department of Defense for that fiscal year
(as submitted with the budget of the President under section 1105(a) of
title 31, United States Code) a consolidated cryptographic
modernization budget justification display for each Department of
Defense system or asset that is protected by cryptography and subject
to certification by the National Security Agency (in this section,
referred to as ``covered items'').
(b) Elements.--Each display included under subsection (a) for a
fiscal year shall include the following:
(1) Cryptographic modernization activities.--(A) Whether,
in accordance with the schedule established under section
153(a) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10
U.S.C. 142 note), the cryptographic modernization for each
covered item is pending, in progress, complete, or, pursuant to
paragraph (2) of such section, extended.
(B) The funding required for the covered fiscal year and
for each subsequent fiscal year of the Future Years Defense
Program to complete the pending or in progress cryptographic
modernization by the required replacement date of each covered
item.
(C)(i) A description of deviations between the funding
annually required to complete the modernization prior to the
required replacement date and the funding requested and planned
within the Future Years Defense Program.
(ii) An explanation--
(I) justifying the deviations; and
(II) of whether or how any delays resulting from a
deviation shall be overcome to meet the required
replacement date.
(D) A description of operational or security risks
resulting from each deviation from the modernization schedule
required to meet replacement dates, including a current
intelligence assessment of adversary progress on exploiting the
covered item.
(E) For any covered item that remains in service past its
required replacement date, a description of the number of times
the covered item has been extended and the circumstances
attending each such extension.
(2) Mitigation activities for covered items.--(A) Whether
activities to mitigate the risks associated with projected
failure to replace a covered item by the required replacement
date are planned, in progress, or complete.
(B) The funding required for the covered fiscal year and
for each subsequent fiscal year for required mitigation
activities to complete any planned, pending, or in progress
mitigation activities for a covered item.
(C) A description of the activities planned in the covered
fiscal year and each subsequent fiscal year to complete
mitigation activities and an explanation of the efficacy of the
mitigations.
(c) Form.--The display required by subsection (a) shall be included
in unclassified form, but may include a classified annex.
SEC. 1513. ESTABLISHING PROJECTS FOR DATA MANAGEMENT, ARTIFICIAL
INTELLIGENCE, AND DIGITAL SOLUTIONS.
(a) Establishment of Priority Projects.--The Deputy Secretary of
Defense shall--
(1) establish priority enterprise projects for data
management, artificial intelligence, and digital solutions for
both business efficiency and warfighting capabilities intended
to accelerate decision advantage; and
(2) assign responsibilities for execution and funding of
the projects established under paragraph (1).
(b) Actions Required.--To ensure implementation of the priority
projects of the Deputy Secretary of Defense under subsection (a), and
to instill data science and technology as a core discipline in the
Department of Defense, the Deputy Secretary shall--
(1) hold the heads of components accountable for--
(A) making their component's data available for use
pursuant to the memorandum of the Deputy Secretary of
Defense dated May 5, 2021, and titled ``Creating Data
Advantage'', in accordance with plans developed and
approved by the head of the component and the Deputy
Secretary;
(B) developing, implementing, and reporting
measurable actions to acquire, preserve, and grow the
population of government and contractor personnel with
expertise in data management, artificial intelligence,
and digital solutions;
(C) making their components use data management
practices, analytics processes, enterprise cloud
computing environments, and operational test
environments that are made available and specifically
approved by the head of the component and the Deputy
Secretary;
(D) identifying and reporting on an annual basis
for Deputy Secretary approval those ongoing programs
and activities and new initiatives within their
components to which the component head determines
should be applied advanced analytics, digital
technology, and artificial intelligence; and
(E) developing and implementing cybersecurity and
artificial intelligence security solutions, including
preventative and mitigative technical solutions, red
team assessments, to protect artificial intelligence
systems, data, development processes, and applications
from adversary actions;
(2) require the Chief Digital and Artificial Intelligence
Officer, in coordination with the heads of components, to
develop and report on an actionable plan for the Deputy
Secretary to reform the technologies, policies, and processes
used to support accreditation and authority to operate
decisions to enable rapid deployment into operational
environments of newly developed government, contractor, and
commercial data management, artificial intelligence, and
digital solutions software;
(3) require the Under Secretary of Defense for Personnel
and Readiness, in coordination with the Chief Digital and
Artificial Intelligence Officer and heads of components to
define and establish career paths, work roles, and occupational
specialties for civilian and military personnel in the fields
of data management, artificial intelligence, and digital
solutions for the Deputy Secretary's approval; and
(4) establish a Departmental management reform goal for
adoption and integration artificial intelligence or machine
learning into business and warfighting processes, including the
tracking of metrics, milestones, and initiatives to measure the
progress of the Department in meeting that goal.
(c) Briefings Required.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter until December 31,
2025, the Deputy Secretary shall provide to the congressional defense
committees a briefing on directives issued by the Deputy Secretary to
implement the requirements of this section and the status of
implementation actions.
(d) Component Defined.--In this section, the term ``component''
means a military department, a combatant command, or a Defense Agency
of the Department of Defense.
SEC. 1514. OPERATIONAL TESTING FOR COMMERCIAL CYBERSECURITY
CAPABILITIES.
(a) Development and Submission of Plans.--Not later than February
1, 2024, the Chief Information Officer of the Department of Defense and
the Chief Information Officers of the military departments shall
develop and submit plans described in subsection (b) to the Director of
Operational Test and Evaluation who may approve the implementation of
the plans pursuant to subsection (c).
(b) Plans Described.--The plans described in this subsection are
plans that--
(1) ensure covered cybersecurity capabilities are
appropriately tested, evaluated, and proven operationally
effective, suitable, and survivable prior to operation on a
Department of Defense network; and
(2) specify how test results will be expeditiously provided
to the Director of Operational Test and Evaluation.
(c) Assessment.--In reviewing the plans submitted under subsection
(a), the Director of Operational Test and Evaluation shall conduct an
assessment that includes consideration of the following:
(1) Threat-realistic operational testing, including
representative environments, variation of operational
conditions, and inclusion of a realistic opposing force.
(2) The use of Department of Defense cyber red teams, as
well as any enabling contract language required to permit
threat-representative red team assessments.
(3) Collaboration with the personnel using the commercial
cybersecurity capability regarding the results of the testing
to improve operators' ability to recognize and defend against
cyberattacks.
(4) The extent to which additional resources may be needed
to remediate any shortfalls in capability to make the
commercial cybersecurity capability effective, suitable, and
cyber survivable in an operational environment of the
Department.
(5) Identification of training requirements, and changes to
training, sustainment practices, or concepts of operation or
employment that may be needed to ensure the effectiveness,
suitability, and cyber survivability of the commercial
cybersecurity capability.
(d) Policies and Regulations.--Not later than February 1, 2024, the
Secretary of Defense shall issue such policies and guidance and
prescribe such regulations as the Secretary determines necessary to
carry out this section.
(e) Reports.--Not later than January 31, 2025, and not less
frequently than annually thereafter until January 31, 2030, the
Director shall include in each annual report required by section 139(h)
of title 10, United States Code, the following:
(1) The status of the plans developed under subsection (a).
(2) The number and type of test and evaluation events
completed in the past year for such plans, disaggregated by
component of the Department, and including resources devoted to
each event.
(3) The results from such test and evaluation events,
including any resource shortfalls affecting the number of
commercial cybersecurity capabilities that could be assessed.
(4) A summary of identified categories of common gaps and
shortfalls found during testing.
(5) The extent to which entities responsible for developing
and testing commercial cybersecurity capabilities have
responded to recommendations made by the Director in an effort
to gain favorable determinations.
(6) Any identified lessons learned that would impact
training, sustainment, or concepts of operation or employment
decisions relating to the assessed commercial cybersecurity
capabilities.
(f) Definition.--In this section, the term ``covered cybersecurity
capabilities'' means any of the following:
(1) Commercial products (as defined in section 103 of title
41, United States Code) acquired and deployed by the Department
of Defense to satisfy the cybersecurity requirements of one or
more Department components.
(2) Commercially available off-the-shelf items (as defined
in section 104 of title 41, United States Code) acquired and
deployed by the Department of Defense to satisfy the
cybersecurity requirements of one or more Department
components.
(3) Noncommercial items acquired through the Adaptive
Acquisition Framework and deployed by the Department of Defense
to satisfy the cybersecurity requirements of one or more
Department components.
Subtitle B--Information Operations
SEC. 1521. REQUIREMENT TO NOTIFY CHIEF OF MISSION OF MILITARY OPERATION
IN THE INFORMATION ENVIRONMENT.
Chapter 19 of title 10, United States Code, as amended by section
1551, is further amended by adding at the end the following new section
(and conforming the table of sections at the beginning of such chapter
accordingly):
``Sec. 399. Notifications relating to military operations in the
information environment: requirement to notify Chief of
Mission
``The Secretary may not authorize a military operation in the
information environment under this title intended to cause an effect in
a country unless the Secretary fully informs the chief of mission for
that country under section 207 of the Foreign Service Act of 1980 (22
U.S.C. 3927) of the planned operation.''.
SEC. 1522. ASSESSMENT AND OPTIMIZATION OF DEPARTMENT OF DEFENSE
INFORMATION AND INFLUENCE OPERATIONS CONDUCTED THROUGH
CYBERSPACE.
(a) Assessment and Plan.--Not later than 90 days after the date of
the enactment of this Act, the Principal Information Operations Advisor
and the Principal Cyber Advisor to the Secretary of Defense shall
complete both an assessment and an optimization plan for information
and influence operations conducted through cyberspace.
(b) Elements.--The assessment under subsection (a) shall include
the following:
(1) An inventory of the components of the Department of
Defense conducting information and influence operations
conducted through cyberspace.
(2) An examination of sufficiency of resources allocated
for information and influence operations conducted through
cyberspace.
(3) An evaluation of the command and control, oversight,
and management of matters related to information and influence
operations conducted through cyberspace across the Office of
the Secretary of Defense and the Joint Staff.
(4) An evaluation of the existing execution, coordination,
synchronization, deconfliction, and consultative procedures and
mechanisms for information and influence operations conducted
through cyberspace.
(5) Any other matters determined relevant by the Principal
Information Operations Advisor and the Principal Cyber Advisor
to the Secretary of Defense.
(c) Optimization Plan.--The optimization plan under subsection (a)
shall include the following:
(1) Actions that the Department will implement to improve
the execution, coordination, synchronization, deconfliction,
and consultative procedures and mechanisms for information and
influence operations conducted through cyberspace.
(2) An evaluation of potential organizational changes
required to optimize information and influence operations
conducted through cyberspace.
(3) Any other matters determined relevant by the Principal
Information Operations Advisor and the Principal Cyber Advisor
to the Secretary of Defense.
(d) Briefings.--Not later than 30 days after completing the
assessment and optimization plan under subsection (a), the Principal
Information Operations Advisor and the Principal Cyber Advisor to the
Secretary of Defense shall provide to the congressional defense
committees a briefing on the assessment and plan.
(e) Implementation.--Not later than 180 days after the date on
which the briefing is provided under subsection (d), the Secretary of
Defense shall implement the optimization plan under subsection (a).
SEC. 1523. JOINT INFORMATION OPERATIONS COURSE.
(a) Joint Information Operations Course.--The Secretary of Defense
shall develop and provide to members of the Army, Navy, Air Force,
Marine Corps, and Space Force a course to prepare the members to plan
and conduct information operations in a joint environment pursuant to
title 10, United States Code. Such course shall include--
(1) standardized qualifications and procedures to enable
the joint and synchronized employment of information-related
capabilities in the information environment;
(2) joint methods to implement information operations in a
battlefield environment under any ground force chain of
command; and
(3) a curriculum covering applicable assets, core
information operations concepts, integration of effects with a
specific focus on information-related effects, operational
methodology, multi-dimensional targeting space, other
information-related capabilities defined by governing policy,
instruction, publications, and doctrine, and any other topics
or areas determined necessary by the Secretary.
(b) Consideration of Ongoing Efforts.--The Secretary shall ensure
that the course under subsection (a) is developed in light of the
information operations posture review, gap analysis, strategy update,
and designation of a Joint Force Trainer, occurring as of the date of
the enactment of this Act.
(c) Semiannual Reports.--Subsequent to the development of the
course under subsection (a), on a semiannual basis through January 1,
2028, the Secretary shall submit to the congressional defense
committees a report on the course. Each report shall include, with
respect to the period covered by the report--
(1) the number of members described in subsection (a) who
attended the course; and
(2) an assessment of the value of the course in--
(A) conducting joint operations in the information
environment; and
(B) the synchronized employment of information-
related capabilities in the information environment.
SEC. 1524. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL SUBMISSION
OF JOINT LEXICON FOR TERMS RELATED TO INFORMATION
OPERATIONS.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2023 for operation and maintenance,
Defense-wide, and available for the Office of the Secretary of Defense
for the travel of persons, not more than 75 percent may be obligated or
expended until the date on which the Secretary submits to the
Committees on Armed Services of the House of Representatives and the
Senate the joint lexicon for terms related to information operations
required by section 1631(g)(1)(D) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 397 note).
SEC. 1525. LIMITATION ON AVAILABILITY OF FUNDS PENDING SUBMITTAL OF
INFORMATION OPERATIONS STRATEGY AND POSTURE REVIEW.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2023 for operation and maintenance,
Defense-wide, for the Office of the Secretary of Defense for the travel
of persons, not more than 75 percent may be obligated or expended until
the date that is 15 days after the date on which the Secretary of
Defense submits to the Committees on Armed Services of the Senate and
the House of Representatives the information operations strategy and
posture review, including the designation of Information Operations
Force Providers and Information Operations Joint Force Trainers for the
Department of Defense, as required by section 1631(g) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 397 note).
SEC. 1526. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL SUBMISSION
OF ASSESSMENTS RELATING TO CYBERSECURITY OF THE DEFENSE
INDUSTRIAL BASE.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2023 for operation and
maintenance, Defense-wide, and available for the Office of the
Secretary of Defense, not more than 75 percent may be obligated or
expended until the Deputy Secretary of Defense--
(1) conducts the assessments under subsection (b); and
(2) provides to the congressional defense committees the
briefing under subsection (c).
(b) Assessments.--The Deputy Secretary shall conduct the following
assessments:
(1) An assessment of the framework for cybersecurity of the
defense industrial base required by section 1648 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 10 U.S.C. 2224 note) to determine whether--
(A) the current framework and plans for defense
industrial base cybersecurity are sufficient; and
(B) alternative or additional courses of action
should be considered or adopted, including--
(i) establishing a secure software
development environment in a cloud environment
inside the cybersecurity perimeter of the
Department for contractors to perform their
development work;
(ii) establishing a secure cloud
environment through which contractors may
access the data of the Department needed for
their contract work;
(iii) enabling contractors to access
cybersecurity-as-a-service offerings, including
cybersecurity services provided by the
Department;
(iv) limiting the amount of program
information held at tiers of subcontractors to
that which is necessary for contract
performance; and
(v) mechanisms and processes to rationalize
and integrate the many separately managed
defense industrial base cybersecurity programs
and activities conducted across the Department
of Defense.
(2) An assessment of past and future planned activities of
the Department of Defense in furtherance of section 1724 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 2224),
including a detailed review of roles and responsibilities, and
supporting instructions and policy documents, for the Principal
Cyber Advisor of the Department of Defense, the Chief
Information Officer of the Department of Defense, the Under
Secretary of Defense for Acquisition and Sustainment, the Under
Secretary of Defense for Policy, and the Under Secretary of
Defense for Intelligence and Security, and the Under Secretary
of Defense (Comptroller).
(c) Briefing.--The Deputy Secretary shall provide to the
congressional defense committees a briefing on the assessments
conducted under subsection (b) and any decisions of and directions by
the Deputy Secretary for improving the cybersecurity of the defense
industrial base.
Subtitle C--Personnel
SEC. 1531. CYBER OPERATIONS-PECULIAR AWARDS.
Chapter 57 of title 10, United States Code, is amended by inserting
after section 1124 the following new section:
``Sec. 1124a. Cyber operations-peculiar awards
``(a) Authority.--The Secretary of Defense and the Secretaries of
the military departments may authorize the payment of a cash award to,
and incur necessary expense for the honorary recognition of, a member
of the covered armed forces whose novel actions, invention, or
technical achievement enables or ensures operational outcomes in or
through cyberspace against threats to national security.
``(b) Actions During Service.--An award under this section may be
paid notwithstanding the member's death, separation, or retirement from
the covered armed forces. However, the novel action, invention, or
technical achievement forming the basis for the award must have been
made while the member was on active duty or in an active reserve status
and not otherwise eligible for an award under chapter 45 of title 5.
``(c) Payment.--Awards to, and expenses for the honorary
recognition of, members of the covered armed forces under this section
may be paid from--
``(1) the funds or appropriations available to the activity
primarily benefiting from the novel action, invention, or
technical achievement; or
``(2) the several funds or appropriations of the various
activities benefiting from the novel action, invention, or
technical achievement.
``(d) Amounts.--The total amount of the award, or awards, made
under this section for a novel action, invention, or technical
achievement may not exceed $2,500, regardless of the number of persons
who may be entitled to share therein.
``(e) Regulations.--Awards under this section shall be made under
regulations to be prescribed by the Secretary of Defense or by the
Secretaries of the military departments.
``(f) Covered Armed Forces Defined.--In this section, the term
`covered armed forces' means the Army, Navy, Air Force, Marine Corps,
and Space Force.''.
SEC. 1532. ESTABLISHMENT OF CYBER OPERATIONS DESIGNATOR AND RATING FOR
THE NAVY.
(a) Military Career Field.--
(1) Officers.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Navy, in
coordination with the Chief of Naval Operations, shall
establish a cyber warfare operations designator for officers
(including an intended billet base, functions, and training
pipeline), which shall be a separate designator from the
cryptologic warfare officer designator.
(2) Enlisted.--Not later than 90 days after the date of the
enactment of this Act, the Secretary, in coordination with the
Chief, shall establish a cyber warfare rating for enlisted
personnel (including an intended billet base, functions, and
training pipeline), which shall be a separate rating from the
cryptologic technician enlisted rating.
(3) Plan.--Not later than 90 days after the date of the
enactment of this Act, the Secretary, in coordination with the
Chief, shall submit to the Committees on Armed Services of the
House of Representatives and the Senate an implementation plan
to carry out paragraphs (1) and (2).
(b) Requirement.--
(1) Deadline.--Except as provided by paragraphs (2) and
(3), the Secretary shall ensure that, beginning October 1,
2025, members of the Navy assigned to the cyber mission force
shall be qualified with either the designator or rating
established under subsection (a), as the case may be.
(2) Exception.--The requirement under paragraph (1) shall
not apply to--
(A) a member of the Navy who is assigned to the
cyber mission force under orders issued before October
1, 2025; or
(B) a position whose primary function is the
provision of intelligence, foreign language, or
administrative support to the cyber mission force.
(3) Waiver.--The Secretary may waive, on a case-by-case
basis, the requirement under paragraph (1), except that the
total number of such waivers made during a fiscal year may not
exceed 10 percent of the total number of members of the Navy
assigned to the cyber mission force (not counting members
assigned to a position described in paragraph (2)(B)).
(c) Reserve Matters.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, in coordination with the Chief,
shall direct the Chief of Navy Reserve to establish, and retain, a
cadre of members of the Navy Reserve with the designator and rating
established under subsection (a).
(d) Officer Qualifications and Training.--The Secretary, in
coordination with the Chief of Naval Operations and in consultation
with the Commander of the United States Cyber Command, shall ensure
that the designator established under subsection (a)(1) includes the
development and execution of a training curriculum and qualification
standards commensurate with those of the cyber officers of the Army and
the Air Force.
(e) Community Management.--Not later than 270 days after the date
of the enactment of this Act, the Secretary, acting through the
Principal Cyber Advisor of the Navy, shall submit to the congressional
defense committees, and provide to such committees a briefing on, the
findings of a study on whether the designator and rating established
under subsection (a), along with the Maritime Space Officer and the
Cyberspace Warfare Engineer, should continue to be considered part of
the information warfare community.
(f) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the House of Representatives and Senate a report
certifying that the following actions have been carried out or are in
the process of being completed (including detailed explanations):
(1) An identification by the Chief of Naval Operations of
the resource manager within the Office of the Chief of Naval
Operations for the designator and rating established under
subsection (a).
(2) An identification by the Chief of the type command at
United States Fleet Forces Command responsible for manning and
training the designator and rating established under subsection
(a).
(3) An inventory of those billets within the Cyber Mission
Force, or any other service or joint assignment that requires
personnel (both officer and enlisted) to conduct operations
through cyberspace.
(4) An inventory and position description of the those
positions within the Cyber Mission Force that have been
identified under subsection (b)(2)(B).
(5) A funding profile detailing the complete costs
associated with the designator and rating established under
subsection (a), including costs associated with meeting the
training requirements of the United States Cyber Command for
the period covered by the most recent future-years defense
program submitted to Congress under section 221 of title 10,
United States Code.
(6) An inventory of all flag officer positions at joint and
naval components and commands conducting or managing cyberspace
operations and activities, including with respect to--
(A) the United States Cyber Command;
(B) the Fleet Cyber Command;
(C) Joint Forces Headquarters-Cyber, Navy;
(D) 10th Fleet;
(E) the Deputy Chief of Naval Operations for
Information Warfare and the Director of Naval
Intelligence; and
(F) Naval Information Forces.
(7) An update to the plan required under subsection (a)(3),
including timelines and procedures, for filling the positions
within the cyber mission force for which the Secretary is
responsible.
(8) Any anticipated changes to the end-strength of the Navy
by reason of establishing the designator and rating under
subsection (a).
(9) The implementation of the designator and rating
established under subsection (a) within the Navy Reserve.
(10) The development and execution of the training
curriculum and qualification standards under subsection (d).
(g) Leadership Qualifications.--The Secretary shall ensure that
flag officers with the cyber warfare operations designator established
under subsection (a) are primarily employed in billets identified under
subsection (f)(6).
(h) Determination by Cyber Command.--Not later than 60 days after
the date on which the Secretary submits the report under subsection
(f), the Commander of the United States Cyber Command shall submit to
the Committees on Armed Services of the House of Representatives and
Senate a determination with respect to whether the matters contained in
the report satisfy the requirements of the United States Cyber Command.
SEC. 1533. TOTAL FORCE GENERATION FOR THE CYBERSPACE OPERATIONS FORCES.
(a) Study.--
(1) Requirement.--Not later than June 1, 2024, the
Secretary of Defense shall complete a study on the
responsibilities of the military services for organizing,
training, and presenting the total force to United States Cyber
Command.
(2) Elements.--The study under paragraph (1) shall assess
the following:
(A) Which military services should man, train,
equip, and organize the forces necessary to execute the
functions and missions of the Cyber Mission Force and
the Cyberspace Operations Forces for assignment,
allocation, and apportionment to, or under the
directive authority of, the United States Cyber
Command.
(B) The sufficiency of the military service
accession and training model to provide forces to the
Cyberspace Operations Forces and the sufficiency of the
accessions and personnel resourcing of the supporting
command and control staffs necessary as a component to
the United States Cyber Command.
(C) The organization of the Cyber Mission Forces
and whether the total forces or elements of the forces
function best as a collection of independent teams or
through a different model.
(D) How to correct chronic shortages of proficient
personnel in key work roles.
(E) The need for additional work roles or skills to
enable effective infrastructure management and generate
access to targets.
(F) What unique or training-intensive expertise is
required for each of the work roles identified in
subparagraph (E) and whether native talents to master
unique and training-intensive work roles can be
identified and how personnel with those talents can be
developed, retained, and employed across the active and
reserve components.
(G) The appropriate pay scales, rotation or force
management policies, career paths and progression,
expertise-based grading, talent management practices,
and training for each of those work roles, given
expected operational requirements.
(H) Whether a single military service should be
responsible for basic, intermediate, and advanced
training for the Cyber Mission Force.
(I) The level of training required before an
individual should be assigned, allocated, or
apportioned to the United States Cyber Command.
(J) Whether or how the duties of the Director of
the National Security Agency and the duties of the
Commander of United States Cyber Command, resting with
a single individual, enable each respective
organization, and whether technical directors and
intelligence experts of the National Security Agency
should serve rotations in the Cyber Mission Force.
(K) How nonmilitary personnel, such as civilian
government employees, contracted experts, commercial
partners, and domain or technology-specific experts in
industry or the intelligence community can serve in,
augment, or support Cyber Mission Force teams.
(L) What work roles in the Cyberspace Operations
Forces can only be filled by military personnel, which
work roles can be filled by civilian employees or
contractors, and which work roles should be filled
partially or fully by civilians due to the need for
longevity of service to achieve required skill levels
or retention rates.
(M) How specialized cyber experience, developed and
maintained in the reserve component, can be more
effectively leveraged to support the Cyberspace
Operations Forces through innovative force generation
models.
(N) Whether the Department of Defense should create
a separate service to perform the functions and
missions currently performed by Cyber Mission Force
units generated by multiple military services.
(O) Whether the Department of Defense is maximizing
partnerships with industry and other nontraditional
sources of expertise and capacity in the areas of
critical infrastructure protection and information
sharing.
(P) Whether the Defense Readiness Reporting System
of the Department of Defense is sufficient to capture
Cyber Mission Force readiness metrics.
(3) Considerations.--The study required by paragraph (1)
shall consider existing models for total force generation
practices and programs, as well as nontraditional and creative
alternatives.
(b) Recommendations.--
(1) In general.--Not later than June 1, 2024, the Principal
Cyber Advisor of the Department of Defense and the Commander of
the United States Cyber Command shall submit to the Secretary
of Defense one or more recommendations, respectively, as to the
future total force generation model for both the Cyber Mission
Force and the Cyberspace Operations Forces.
(2) Matters addressed.--The recommendations under paragraph
(1) shall address, at a minimum, each of the elements
identified in subsection (a)(2).
(c) Establishment of a Revised Model Required.--
(1) In general.--Not later than December 31, 2024, the
Secretary of Defense shall establish a revised total force
generation model for the Cyberspace Operations Forces.
(2) Elements.--In establishing a revised total force
generation model under paragraph (1), the Secretary shall
explicitly determine the following:
(A) Whether the Navy should no longer be
responsible for developing and presenting forces to the
United States Cyber Command as part of the Cyber
Mission Force or Cyberspace Operations Forces,
including recommendations for corresponding transfer of
responsibilities and associated resources and personnel
for the existing and future year programmed Cyberspace
Operations Forces or Cyber Mission Force resources.
(B) Whether a single military service should be
responsible for organizing, training, and equipping the
Cyberspace Operations Forces, or if different services
should be responsible for different components of the
Cyberspace Operations Forces.
(C) Whether modification of United States Cyber
Command enhanced budget control authorities are
necessary to further improve total force generation for
Cyberspace Operations Forces.
(D) Implications of low service retention rates for
critical roles within the Cyber Mission Force, and the
mix of actions necessary to correct them, including
multiple rotations in critical work roles, length of
service commitments, repeat tours within the Cyber
Mission Force, retention incentives across the entire
Cyberspace Operations Forces, and best practices for
generating the future force.
(d) Implementation Plan.--Not later than June 1, 2025, the
Secretary shall submit to the congressional defense committees an
implementation plan for effecting the revised total force generation
model required under subsection (c).
(e) Progress Briefing.--Not later than 90 days after the date of
the enactment of this Act, and not less frequently than once every 180
days thereafter until receipt of the plan required by subsection (d),
the Secretary shall provide the congressional defense committees with a
briefing on the progress made in carrying out this section.
(f) Additional Considerations.--The Secretary shall ensure that
subsections (a) through (c) are carried out with consideration to
matters relating to the following:
(1) The cybersecurity service providers, local defenders,
and information technology personnel who own, operate, and
defend the information networks of the Department of Defense.
(2) Equipping the Cyberspace Operations Forces to include
infrastructure management.
(3) Providing intelligence support to the Cyberspace
Operations Forces.
(4) The resources, including billets, needed to account for
any recommended changes.
SEC. 1534. CORRECTING CYBER MISSION FORCE READINESS SHORTFALLS.
(a) Plan and Briefing Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense, the
Chairman of the Joint Chiefs of Staff, and the Secretaries of the
military departments shall jointly--
(1) develop a near-term plan to correct readiness
shortfalls in the Cyber Mission Forces over the period covered
by the most recent future-years defense program submitted to
Congress under section 221 of title 10, United States Code;
(2) develop recommendations for such legislative action as
the Secretary of Defense, the Chairman, and the Secretaries of
the military departments jointly consider appropriate to
correct the readiness shortfalls described in paragraph (1);
and
(3) provide to the congressional defense committees a
briefing on the plan under paragraph (1) and the
recommendations under paragraph (2).
(b) Implementation.--Not later than 30 days after the date of the
briefing provided under paragraph (3) of subsection (a), the Secretary
of Defense and the Chairman shall commence implementation of the
aspects of the plan developed under paragraph (1) of such subsection
that are not dependent upon legislative action.
(c) Matters to Be Addressed.--In developing the plan under
paragraph (1) of subsection (a), the Secretary of Defense, the
Chairman, and the Secretaries of the military departments shall
consider and explicitly address through analysis the following
potential courses of action, singly and in combination, to increase the
availability of personnel in key work roles:
(1) Determining the correct number of personnel necessary
to fill key work roles, including the proper force mix of
civilian, military, and contractor personnel, and the means
necessary to meet those requirements.
(2) Employing civilians rather than military personnel in
key work roles.
(3) Expanding training capacity.
(4) Modifying or creating new training models.
(5) Maximizing use of compensation and incentive
authorities, including increasing bonuses and special pays, and
alternative compensation mechanisms.
(6) Modifying career paths and service policies to permit
consecutive assignments in key work roles without jeopardizing
promotion opportunities.
(7) Increasing service commitments following training
commensurate with the value of the key work role training.
(8) Standardizing compensation models across the services.
(9) Requiring multiple rotations within the Cyber Mission
Forces for key work roles.
(10) Adopting and implementing what are known as ``rank in
person'' policies that enable civilian personnel to be promoted
on the basis of skills and abilities demonstrated in a given
position.
(11) A review of departmental guidance and processes
consistent with section 167b(d)(2)(A)(x) of title 10, United
States Code, with respect to the authority of the Commander of
United States Cyber Command to monitor the promotions of
certain cyber operations forces and coordinate with the
Secretaries regarding the assignment, retention, training,
professional military education, and special and incentive pays
of certain cyber operations forces, including--
(A) the recruiting, retention, professional
military education, and promotion of certain cyber
operations personnel;
(B) the sharing of personnel data between the
military departments and the United States Cyber
Command; and
(C) structures, departmental guidance, and
processes developed between the military departments
and the United States Special Operations Command with
respect to the authority of the Commander of the United
States Special Operations Command described in section
167(e)(2)(J) of title 10, United States Code, that
could be used as a model for the United States Cyber
Command.
(d) Key Work Roles Defined.--In this section, the term ``key work
roles'' means work roles that consist of access development, tool
development, and exploitation analysis.
SEC. 1535. DEPARTMENT OF DEFENSE CYBER AND DIGITAL SERVICE ACADEMY.
(a) Establishment.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretary of Homeland Security and the Director of the
Office of Personnel and Management, shall establish a program
to provide financial support for pursuit of programs of
education at institutions of high education in covered
disciplines.
(2) Covered disciplines.--For purposes of the Program, a
covered discipline is a discipline that the Secretary of
Defense determines is critically needed and is cyber- or
digital technology-related, including the following:
(A) Computer-related arts and sciences.
(B) Cyber-related engineering.
(C) Cyber-related law and policy.
(D) Applied analytics related sciences, data
management, and digital engineering, including
artificial intelligence and machine learning.
(E) Such other disciplines relating to cyber,
cybersecurity, digital technology, or supporting
functions as the Secretary of Defense considers
appropriate.
(3) Designation.--The program established under paragraph
(1) shall be known as the ``Department of Defense Cyber and
Digital Service Academy'' (in this section referred to as the
``Program'').
(b) Program Description and Components.--The Program shall--
(1) provide scholarships through institutions of higher
education to students who are enrolled in programs of education
at such institutions leading to degrees or specialized program
certifications in covered disciplines; and
(2) prioritize the placement of scholarship recipients
fulfilling the post-award employment obligation under this
section.
(c) Scholarship Amounts.--
(1) Amount of assistance.--(A) Each scholarship under the
Program shall be in such amount as the Secretary determines
necessary--
(i) to pay all educational expenses incurred by
that person, including tuition, fees, cost of books,
and laboratory expenses, for the pursuit of the program
of education for which the assistance is provided under
the Program; and
(ii) to provide a stipend for room and board.
(B) The Secretary shall ensure that expenses paid are
limited to those educational expenses normally incurred by
students at the institution of higher education involved.
(2) Support for internship activities.--The financial
assistance for a person under this section may also be provided
to support internship activities of the person in the
Department of Defense and combat support agencies in periods
between the academic years leading to the degree or specialized
program certification for which assistance is provided the
person under the Program.
(3) Period of support.--Each scholarship under the Program
shall be for not more than 5 years.
(4) Additional stipend.--Students demonstrating financial
need, as determined by the Secretary, may be provided with an
additional stipend under the Program.
(d) Post-award Employment Obligations.--Each scholarship recipient,
as a condition of receiving a scholarship under the Program, shall
enter into an agreement under which the recipient agrees to work for a
period equal to the length of the scholarship, following receipt of the
student's degree or specialized program certification, in the cyber-
and digital technology-related missions of the Department, in
accordance with the terms and conditions specified by the Secretary in
regulations the Secretary shall promulgate to carry out this
subsection.
(e) Hiring Authority.--In carrying out this section, specifically
with respect to enforcing the obligations and conditions of employment
under subsection (d), the Secretary may use any authority otherwise
available to the Secretary for the recruitment, employment, and
retention of civilian personnel within the Department, including
authority under section 1599f of title 10, United States Code.
(f) Eligibility.--To be eligible to receive a scholarship under the
Program, an individual shall--
(1) be a citizen or lawful permanent resident of the United
States;
(2) demonstrate a commitment to a career in improving the
security of information technology or advancing the development
and application of digital technology;
(3) have demonstrated a high level of competency in
relevant knowledge, skills, and abilities, as defined by the
national cybersecurity awareness and education program under
section 303 of the Cybersecurity Enhancement Act of 2014 (15
U.S.C. 7443);
(4) be a full-time student, or have been accepted as a
full-time student, in a program leading to a degree or
specialized program certification in a covered discipline at an
institution of higher education;
(5) enter into an agreement accepting and acknowledging the
post award employment obligations, pursuant to section (d);
(6) accept and acknowledge the conditions of support under
section (g); and
(7) meet such other requirements for a scholarship as
determined appropriate by the Secretary.
(g) Conditions of Support.--
(1) In general.--As a condition of receiving a scholarship
under this section, a recipient shall agree to provide the
Office of Personnel Management (in coordination with the
Department of Defense) and the institutions of higher education
described in subsection (a)(1) with annual verifiable
documentation of post-award employment and up-to-date contact
information.
(2) Terms.--A scholarship recipient under the Program shall
be liable to the United States as provided in subsection (i) if
the individual--
(A) fails to maintain an acceptable level of
academic standing at the applicable institution of
higher education, as determined by the Secretary;
(B) is dismissed from the applicable institution of
higher education for disciplinary reasons;
(C) withdraws from the eligible degree program
before completing the Program;
(D) declares that the individual does not intend to
fulfill the post-award employment obligation under this
section;
(E) fails to maintain or fulfill any of the post-
graduation or post-award obligations or requirements of
the individual; or
(F) fails to fulfill the requirements of paragraph
(1).
(h) Monitoring Compliance.--As a condition of participating in the
Program, an institution of higher education shall--
(1) enter into an agreement with the Secretary to monitor
the compliance of scholarship recipients with respect to their
post-award employment obligations; and
(2) provide to the Secretary and the Director of the Office
of Personnel Management, on an annual basis, the post-award
employment documentation required under subsection (g)(1) for
scholarship recipients through the completion of their post-
award employment obligations.
(i) Amount of Repayment.--
(1) Less than 1 year of service.--If a circumstance
described in subsection (g)(2) occurs before the completion of
1 year of a post-award employment obligation under the Program,
the total amount of scholarship awards received by the
individual under the Program shall be considered a debt to the
Government and repaid in its entirety.
(2) 1 or more years of service.--If a circumstance
described in subparagraph (D) or (E) of subsection (g)(2)
occurs after the completion of 1 or more years of a post-award
employment obligation under the Program, the total amount of
scholarship awards received by the individual under the
Program, reduced by the ratio of the number of years of service
completed divided by the number of years of service required,
shall be considered a debt to the Government and repaid in
accordance with subsection (j).
(j) Repayments.--A debt described subsection (i) shall be subject
to repayment, together with interest thereon accruing from the date of
the scholarship award, in accordance with terms and conditions
specified by the Secretary in regulations promulgated to carry out this
subsection.
(k) Collection of Repayment.--
(1) In general.--In the event that a scholarship recipient
is required to repay the scholarship award under the Program,
the institution of higher education providing the scholarship
shall--
(A) determine the repayment amounts and notify the
recipient, the Secretary, and the Director of the
Office of Personnel Management of the amounts owed; and
(B) collect the repayment amounts within a period
of time as determined by the Secretary.
(2) Returned to treasury.--Except as provided in paragraph
(3), any repayment under this subsection shall be returned to
the Treasury of the United States.
(3) Retain percentage.--An institution of higher education
may retain a percentage of any repayment the institution
collects under this subsection to defray administrative costs
associated with the collection. The Secretary shall establish a
single, fixed percentage that will apply to all eligible
entities.
(l) Public Information.--
(1) Evaluation.--The Secretary, in coordination with the
Director of the Office of Personnel Management, shall
periodically evaluate and make public, in a manner that
protects the personally identifiable information of scholarship
recipients, information on the success of recruiting
individuals for scholarships under the Program and on hiring
and retaining those individuals in the Department of Defense
workforce, including information on--
(A) placement rates;
(B) where students are placed, including job titles
and descriptions;
(C) salary ranges for students not released from
obligations under this section;
(D) how long after graduation students are placed;
(E) how long students stay in the positions they
enter upon graduation;
(F) how many students are released from
obligations; and
(G) what, if any, remedial training is required.
(2) Reports.--The Secretary, in consultation with the
Office of Personnel Management, shall submit, not less
frequently than once every two years, to Congress a report,
including--
(A) the results of the evaluation under paragraph
(1);
(B) the disparity in any reporting between
scholarship recipients and their respective
institutions of higher education; and
(C) any recent statistics regarding the size,
composition, and educational requirements of the
relevant Department of Defense workforce.
(3) Resources.--The Secretary, in coordination with the
Director of the Office of Personnel Management, shall provide
consolidated and user-friendly online resources for prospective
scholarship recipients, including, to the extent practicable--
(A) searchable, up-to-date, and accurate
information about participating institutions of higher
education and job opportunities relating to covered
disciplines; and
(B) a modernized description of careers in covered
disciplines.
(m) Allocation of Funding.--
(1) In general.--Not less than 50 percent of the amount
available for financial assistance under this section for a
fiscal year shall be available only for providing financial
assistance for the pursuit of programs of education referred to
in subsection (b)(1) at institutions of higher education that
have established, improved, or are administering programs of
education in disciplines under the grant program established in
section 2200b of title 10, United States Code, as determined by
the Secretary.
(2) Associate degrees.--Not less than five percent of the
amount available for financial assistance under this section
for a fiscal year shall be available for providing financial
assistance for the pursuit of an associate degree at an
institution described in paragraph (1).
(n) Board of Directors.--In order to help identify workforce needs
and trends relevant to the Program, the Secretary may establish a board
of directors for the Program that consists of representatives of
Federal departments and agencies.
(o) Commencement of Program.--The Secretary shall commence the
Program as early as practicable, with the first scholarships awarded
under the Program for the academic year beginning no later than the
fall semester of 2024.
SEC. 1536. REPORT ON RECOMMENDATIONS FROM NAVY CIVILIAN CAREER PATH
STUDY.
(a) Report.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees a report on the
recommendations made in the report submitted to the
congressional defense committees under section 1653(a)(2) of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1763) relating to improving cyber
career paths in the Navy.
(2) Contents.--The report under paragraph (1) shall include
the following:
(A) A description of each recommendation described
in such paragraph that has already been implemented.
(B) A description of each recommendation described
in such paragraph that the Secretary has commenced
implementing, including a justification for determining
to commence implementing the recommendation.
(C) A description of each recommendation described
in such paragraph that the Secretary has not
implemented or commenced implementing and a
determination as to whether or not to implement the
recommendation.
(D) For each recommendation under subparagraph (C)
that the Secretary determines to implement--
(i) a timeline for implementation;
(ii) a description of any additional
resources or authorities required for
implementation; and
(iii) the plan for implementation.
(E) For each recommendation under subparagraph (C)
that the Secretary determines not to implement, a
justification for the determination not to implement.
(3) Format.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) Review by Comptroller General of the United States.--
(1) Review.--Not later than 180 days after the date on
which the Secretary submits the report under subsection (a),
the Comptroller General of the United States shall conduct a
review of such report.
(2) Elements.--The review under paragraph (1) shall include
an assessment of the following:
(A) The extent to which the Secretary has
implemented the recommendations described in subsection
(a)(1).
(B) Additional recommended actions for the
Secretary to take to improve the readiness and
retention of the cyber workforce of the Navy.
(3) Interim briefing.--Not later than 90 days after the
date on which the Secretary submits the report under subsection
(a), the Comptroller General shall provide to the congressional
defense committees a briefing on the preliminary findings of
the Comptroller General with respect to the review conducted
under paragraph (1).
(4) Final report.--The Comptroller General shall submit to
the congressional defense committees a report on the findings
of the Comptroller General with respect to the review under
paragraph (1) at such time and in such format as is mutually
agreed upon by the committees and the Comptroller General at
the time of the briefing under paragraph (3).
SEC. 1537. STUDY TO DETERMINE OPTIMAL STRATEGY FOR STRUCTURING AND
MANNING ELEMENTS OF JOINT FORCE HEADQUARTERS-CYBER
ORGANIZATIONS, JOINT MISSION OPERATIONS CENTERS, AND
CYBER OPERATIONS-INTEGRATED PLANNING ELEMENTS.
(a) Study.--
(1) Requirement.--The Principal Cyber Advisor of the
Department of Defense, in coordination with the commanders of
the combatant commands, shall conduct a study to determine the
optimal strategy for structuring and manning elements of the
following:
(A) Joint Force Headquarters Cyber Organizations.
(B) Joint Mission Operations Centers.
(C) Cyber Operations-Integrated Planning Elements.
(D) Joint Cyber Centers.
(2) Elements.--The study under paragraph (1) shall include
an assessment of each of the following:
(A) Operational effects on the military services if
each of the entities listed in subparagraphs (A)
through (C) of paragraph (1) are restructured from
organizations that are components of the military
services to joint organizations.
(B) Existing barriers or impediments to designate
positions within each of the entities listed in such
subparagraphs (A), (B), and (C) as joint billets for
joint qualification purposes.
(C) Operational and organizational effects on the
military services, the United States Cyber Command,
other combatant commands, and the Joint Staff if the
entities listed in subparagraphs (A) through (D) of
paragraph (1) are realigned, restructured, or
consolidated.
(D) Operational and organizational effects and
advisement of standardizing a minimum set of roles and
responsibilities of the Joint Cyber Centers, or the
equivalent entity, of the combatant commands.
(E) Clarification of the relationship and
differentiation between Cyber Operations-Integrated
Planning Elements and Joint Cyber Centers of the
combatant commands.
(F) A complete inventory of mission essential tasks
for the entities listed in such subparagraphs (A)
through (D).
(G) A description of cyber activities in geographic
and functional combatant command campaign plans and
resources aligned to those activities.
(b) Briefings.--Not later than 180 days after the date of the
enactment of this Act, and not less frequently than once every 120 days
until March 31, 2024, the Principal Cyber Advisor of the Department
shall provide to the Committees on Armed Services of the Senate and the
House of Representatives a briefing on the status of the study under
subsection (a).
(c) Report.--
(1) Requirement.--Not later than March 31, 2024, the
Principal Cyber Advisor of the Department shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the study under subsection (a).
(2) Contents.--The report under paragraph (1) shall contain
the following:
(A) The findings of the Principal Cyber Advisor
with respect to the study under subsection (a).
(B) Details of the operational and organizational
effects assessed under paragraph (2) of such
subsection.
(C) A plan to carry out the transfer described in
subparagraph (B) of such paragraph and the associated
costs, as appropriate.
(D) A plan to realign, restructure, or consolidate
the entities listed in subparagraphs (A) through (D) of
subsection (a)(1).
(E) Such other matters as the Principal Cyber
Advisor considers appropriate.
SEC. 1538. MANNING REVIEW OF SPACE FORCE CYBER SQUADRONS.
(a) Requirement.--Not later than 210 days after the date of the
enactment of this Act, the Secretary of the Air Force, in coordination
with the Chief of Space Operations, shall submit to the congressional
defense committees a review of the manning required to fully staff the
current and planned cyber squadrons of the Space Force.
(b) Matters Included.--
(1) Elements.--The review under subsection (a) shall
include considerations of the following:
(A) The specific sourcing of existing billets of
the Space Force optimally postured for transfer to
cyber squadrons.
(B) The administrative processes required to shift
billets and existing funding to cyber squadrons.
(C) The responsibilities and functions performed by
military personnel and civilian personnel.
(D) The benefits and risks to the Space Force
approach of transferring billets to cyber squadrons.
(2) Roadmap.--The review under subsection (a) shall include
a transition roadmap that outlines a comprehensive transition
for the transfer of billets described in paragraph (1) by not
later than September 30, 2024.
SEC. 1539. INDEPENDENT REVIEW OF POSTURE AND STAFFING LEVELS OF OFFICE
OF THE CHIEF INFORMATION OFFICER.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into an agreement with an appropriate non-Department of Defense entity
for the conduct of a comprehensive review of the posture and adequacy
of the staffing levels of the Office of the Chief Information Officer
of the Department of Defense, as of the date of the enactment of this
Act.
(b) Matters for Consideration.--An agreement under subsection (a)
shall specify that the review conducted under the agreement shall
include the evaluation of each of the following:
(1) Any limitations or constraints of the Office of the
Chief Information Officer in performing the entirety of the
responsibilities specified in section 142(b) of title 10,
United States Code, and responsibilities assigned by the
Secretary of Defense, based on the staffing levels of the
Office as of the date of the enactment of this Act.
(2) The composition of civilian, military, and contractor
personnel assigned to the Office of the Chief Information
Officer, as of such date, including the occupational series and
military occupational specialties of such personnel, relative
to the responsibilities specified in paragraph (1).
(3) The organizational construct of the Office of the Chief
Information Officer, as of such date.
(c) Recommendations.--An agreement under subsection (a) shall
specify that the review conducted under the agreement shall include
recommendations for the Chief Information Officer and the congressional
defense committees, including recommendations derived from the matters
for consideration specified under subsection (b).
(d) Submission.--Not later than 30 days after the date of the
completion of the review under subsection (a), the Secretary of Defense
shall submit to the congressional defense committees a copy of the
review.
SEC. 1540. INDEPENDENT ASSESSMENT OF CIVILIAN CYBERSECURITY RESERVE FOR
DEPARTMENT OF DEFENSE.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Defense shall seek to enter into an
agreement with a nonprofit entity or a federally funded research and
development center with expertise in cybersecurity and workforce
management to conduct an assessment of the feasibility and advisability
of creating and maintaining a civilian cybersecurity reserve corps to
enable the Department of Defense and military services to provide
qualified civilian manpower to the Department of Defense to effectively
respond to significant cyber incidents or to assist in solving other
exceptionally difficult cyber workforce-related challenges.
(b) Consideration of Prior Report.--
(1) In general.--In conducting the assessment required by
subsection (a), the entity or center shall take into
consideration the results of the evaluation of nontraditional
cyber support to the Department of Defense required by section
1730 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
(2) Limitation on availability of funds pending submission
of report.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2023 for the
Under Secretary of Defense for Policy, not more than 75 percent
may be obligated or expended until the date on which the
Principal Cyber Advisor submits the report referenced in
paragraph (1).
(c) Elements.--The assessment conducted under subsection (a) shall
include analysis of the following matters:
(1) The feasibility of the concept of a civilian
cybersecurity reserve program, including an analysis of the
available talent pool, potential impact on employers, and
propensity to serve.
(2) The likelihood of utilizing civilian cybersecurity
reservists to augment the existing Department of Defense
workforce, including an assessment of the duration of periods
of activation.
(3) The result of outreach conducted with industry and
State and Federal Government agencies employing individuals
likely to meet qualification criteria for service in such a
program.
(4) The necessity for participants to access classified
information, and the need to maintain appropriate security
clearances as a participant in the program, including while not
in Federal service.
(5) Appropriate compensation and benefits for members of
such a program.
(6) Activities that members may undertake as part of their
duties.
(7) Methods for identifying and recruiting members,
including alternative methods to traditional qualifications
requirements.
(8) Methods for preventing conflicts of interest or other
ethical concerns as a result of participation in such a
program.
(9) Resources, including funding levels, necessary to carry
out such a program.
(10) Potential penalties or other adverse action taken
against individuals who do not respond to activation when
called.
(11) Any other matters the Secretary considers relevant for
the purpose of this assessment.
(d) Reports.--
(1) In general.--Not later than 270 days after the date on
which the Secretary enters into the agreement described in
subsection (a), such entity or center shall submit to the
Secretary a report on the results of the research and analysis
under such subsection.
(2) Submission to congress.--Not later than one year after
the date of enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and House of Representatives each of the following:
(A) A copy of the report submitted under paragraph
(1) without change.
(B) Any comments, changes, recommendations, or
other information provided by the Secretary of Defense
relating to the research and analysis conducted under
subsection (a) and contained in such report, including
a specific recommendation on whether a civilian
cybersecurity reserve should be established, as
described in such subsection, or with modification.
SEC. 1541. COMPREHENSIVE REVIEW OF CYBER EXCEPTED SERVICE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Chief Information Officer of the Department
of Defense and the Under Secretary of Defense for Personnel and
Readiness, in coordination with the Chief Digital and Artificial
Intelligence Officer and the Principal Cyber Advisor of the Department,
shall conduct a comprehensive review of the Cyber Excepted Service
established pursuant to section 1599f of title 10, United States Code.
(b) Elements.--The review required under subsection (a) shall
include the following:
(1) An assessment of barriers to participation in Cyber
Excepted Service positions, including--
(A) criteria for eligibility of potential
Department of Defense components and entities for
participation in the Cyber Excepted Service;
(B) potential and structural limitations of the
Cyber Excepted Service, including impediments to
mobility or advancement by civilian employees currently
in billets coded for Cyber Excepted Service;
(C) challenges to transition between competitive
and excepted service;
(D) matters relating to pay disparity and
challenges with compensation relative to the skill sets
and value of such civilian employees in the private
sector;
(E) differences between compensation, incentives,
benefits, and access to career-broadening experiences;
(F) the eligibility for participation in the Cyber
Excepted Service of civilian employees who are assigned
to the Office of the Chief Digital and Artificial
Intelligence Officer;
(G) the current and necessary mechanisms to
deconflict occasions when individuals can be considered
eligible for two or more excepted service systems; and
(H) any other barriers as determined by the
Secretary.
(2) An evaluation of the process used in accepting
applications, assessing candidates, and the process for and
effect of adhering to provisions of law establishing
preferences for hiring eligible veterans, and selecting
applicants for vacancies to be filled by an individual for a
Cyber Excepted Service position.
(3) An evaluation of current efforts to recruit and retain
employees in Cyber Excepted Service positions.
(4) A description of current performance metrics used in
evaluating the Cyber Excepted Service.
(5) An assessment of how current efforts to develop,
sustain, and improve the Cyber Excepted Service are integrated
into the strategic workforce planning of the Department.
(6) Current metrics for--
(A) the number of employees in Cyber Excepted
Service positions, disaggregated by occupation, grade,
and level or pay band;
(B) the placement of employees in Cyber Excepted
Service positions, disaggregated by military
department, Defense agency, or other component within
the Department;
(C) the total number of veterans hired;
(D) the number of separations of employees in Cyber
Excepted Service positions, disaggregated by
occupation, grade, and level or pay band;
(E) the number of retirements of employees in Cyber
Excepted Service positions, disaggregated by
occupation, grade, and level or pay band;
(F) the number and amounts of recruitment,
relocation, and retention incentives paid to employees
in Cyber Excepted Service positions, disaggregated by
occupation, grade, and level or pay band; and
(G) the number of employees who declined transition
to qualified Cyber Excepted Service positions.
(7) An assessment of the training provided to supervisors
of employees in Cyber Excepted Service positions on the use of
the new authorities.
(8) An assessment of the implementation of section
1599f(a)(1)(A) of title 10, United States Code, including--
(A) how each military department, Defense agency,
or other component within the Department is
incorporating or intends to incorporate Cyber Excepted
Service personnel in their cyber mission workforce; and
(B) how the Cyber Excepted Service has allowed each
military department, Defense agency, or other component
within the Department to establish, recruit and retain
personnel to fill cyber mission workforce needs.
(9) Recommendations for the Secretary of Defense and the
congressional defense committees with respect to the
improvement of the Cyber Excepted Service, including
recommendations derived from the consideration of the elements
specified in paragraphs (1) through (8).
(c) Submission.--Not later than 30 days after the completion of the
review under subsection (a), the Chief Information Officer shall submit
to the congressional defense committees a copy of the review.
(d) Annual Update.--Not later than one year after the submission of
the review under subsection (c), and not less frequently than once each
year thereafter until September 30, 2028, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives an update
on progress made in enacting recommendations identified pursuant to
paragraph (9) of subsection (b) and a detailed report on Cyber Excepted
Service positions during the most recent one-year period, including--
(1) the metrics described in paragraph (6) of such
subsection;
(2) an updated assessment under paragraph (8) of such
subsection from the current reporting period;
(3) an updated assessment on the effect of section 1599f of
title 10, United States Code, on the ability of the Department
to recruit, retain, and develop cyber professionals in the
Department over the current reporting period;
(4) an updated assessment on the barriers to participation
described in paragraph (1) of subsection (b) from the current
reporting period;
(5) proposed modifications to the Cyber Excepted Service;
and
(6) such other matters as the Secretary considers
appropriate.
(e) Definitions.--In this section:
(1) The term ``Cyber Excepted Service'' consists of those
positions established under section 1599f(a)(1)(A) of title 10,
United States Code.
(2) The term ``Cyber Excepted Service position'' means a
position in the Cyber Excepted Service.
Subtitle D--Reports and Other Matters
SEC. 1551. PILOT PROGRAM FOR SHARING CYBER CAPABILITIES AND RELATED
INFORMATION WITH FOREIGN OPERATIONAL PARTNERS.
(a) Authorization.--Chapter 19 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 398. Pilot program for sharing cyber capabilities and related
information with foreign operational partners
``(a) Authority to Establish Pilot Program to Share Cyber
Capabilities.--The Secretary of Defense may, with the concurrence of
the Secretary of State, provide cyber capabilities and related
information developed or procured by the Department of Defense to
foreign countries or organizations described in subsection (b) without
compensation, to meet operational imperatives if the Secretary of
Defense determines that the provision of such cyber capabilities is in
the national security interests of the United States.
``(b) List of Foreign Countries.--The Secretary of Defense, with
the concurrence of the Secretary of State, shall--
``(1) establish--
``(A) a list of foreign countries that the
Secretary of Defense considers suitable for sharing of
cyber capabilities and related information under the
authority established under paragraph (a); and
``(B) criteria for establishing the list under
subparagraph (A);
``(2) not later than 14 days after establishing the list
required by paragraph (a), submit to the appropriate committees
of Congress such list; and
``(3) notify the appropriate committees of Congress in
writing of any changes to the list established under clause (1)
at least 14 days prior to the adoption of any such changes.
``(c) Procedures.--Prior to the first use of the authority provided
by subsection (a), the Secretaries of Defense and State shall--
``(1) establish and submit to the appropriate committees of
Congress procedures for a coordination process for subsection
(a) that is consistent with the operational timelines required
to support the national security of the United States; and
``(2) notify the appropriate committees of Congress in
writing of any changes to the procedures established under
paragraph (1) at least 14 days prior to the adoption of any
such changes.
``(d) Notification Required.--(1) The Secretary of Defense and
Secretary of State jointly shall promptly submit to the appropriate
committees of Congress notice in writing of any use of the authority
provided by subsection (a) no later than 48 hours following the use of
the authority.
``(2) Notification under paragraph (1) shall include a
certification that the provision of the cyber capabilities was in the
national security interests of the United States.
``(3) The notification under paragraph (1) shall include an
analysis of whether the transfer and the underlying operational
imperative could have been met using another authority.
``(e) Termination.--The authority established under paragraph (a)
shall terminate on the date that is 3 years after the date on which
this authority becomes law.
``(f) Definitions.--In this section:
``(1) The term `appropriate committees of Congress' means--
``(A) the congressional defense committees;
``(B) the Committee on Foreign Relations of the
Senate; and
``(C) Committee on Foreign Affairs of the House of
Representatives.
``(2) The term `cyber capability' means a device or
computer program, including any combination of software,
firmware, or hardware, designed to create an effect in or
through cyberspace.
``(g) Rule of Construction.--Nothing in this section shall be
construed as amending, diminishing, or otherwise impacting reporting or
other obligations under the War Powers Resolution.''.
(b) Table of Sections Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the following
new item:
``398. Pilot program for sharing cyber capabilities and related
information with foreign operational
partners.''.
SEC. 1552. DEMONSTRATION PROGRAM FOR CYBER AND INFORMATION TECHNOLOGY
BUDGET DATA ANALYTICS.
(a) Demonstration Program.--
(1) Requirement.--Not later than February 1, 2024, the
Chief Information Officer of the Department of Defense shall,
in coordination with the Chief Digital and Artificial
Intelligence Officer, complete a pilot program to demonstrate
the application of advanced data analytics to the fiscal year
2024 budget data of a military department for the purpose of
identifying total cyber and information technology spending and
the distribution of such resources across budget line items
that are and are not identified, labeled, or categorized in a
manner that would indicate that funds included in such line
items will be expended on cyber and information technology
activities.
(2) Coordination with military departments.--In carrying
out the demonstration program under subsection (a), the Chief
Information Officer shall, in coordination with the Secretary
of the Air Force, the Secretary of the Army, and the Secretary
of the Navy, select a military department for participation in
the demonstration program.
(b) Elements.--The demonstration program under subsection (a) shall
include--
(1) efforts to identify planned expenditures for cyber and
information technology that are not captured in the total
figures for cyber and information technology reported annually
to Congress in support of the President's budget submission and
in budget documents and briefings to Congress on the cyber and
information technology programs and activities;
(2) efforts to improve transparency in cyber and
information technology budget information to identify cyber and
information technology activities funded out of noncyber and
noninformation technology budget lines, including by the use of
qualitative techniques such as semantic analysis or natural
language processing technologies;
(3) metrics developed to assess the effectiveness of the
demonstration program;
(4) a cost tradeoff analysis of implementing these cyber
and information technology data analytics across the entire
budget of the Department of Defense;
(5) existing or planned efforts to use these data analytics
to make budget decisions; and
(6) existing or planned efforts to incorporate these data
analytics into materials presented to Congress through the
budget submission process.
(c) Briefing.--
(1) Initial briefing.--Not later than 120 days after the
date of the enactment of this Act, the Chief Information
Officer shall provide the Committees on Armed Services of the
Senate and the House of Representatives a briefing on the plans
and status of the Chief Information Officer with respect to the
demonstration program under subsection (a).
(2) Final briefing.--Not later than March 1, 2024, the
Chief Information Officer shall provide the Committees on Armed
Services of the Senate and the House of Representatives a
briefing on the results and findings of the Chief Information
Officer with respect to the demonstration program under
subsection (a), including the following:
(A) Recommendations for expansion of the
demonstration program to the entire cyber and
information technology budget of the Department.
(B) Plans for incorporating data analytics into the
congressional budget submission process for the cyber
and information technology budget of the Department.
SEC. 1553. PLAN FOR COMMERCIAL CLOUD TEST AND EVALUATION.
(a) Policy and Plan.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense, in consultation with
commercial industry, shall implement a policy and plan for test and
evaluation of the cybersecurity of the clouds of commercial cloud
service providers that provide, or are intended to provide, storage or
computing of classified data of the Department of Defense.
(b) Contents.--The policy and plan under subsection (a) shall
include the following:
(1) A requirement that, beginning on the date of the
enactment of this Act, future contracts with cloud service
providers for storage or computing of classified data of the
Department include provisions that permit the Secretary to
conduct independent, threat-realistic assessments of the
commercial cloud infrastructure, including with respect to--
(A) the storage, compute, and enabling elements,
including the control plane and virtualization
hypervisor for mission elements of the Department
supported by the cloud provider; and
(B) the supporting systems used in the fulfillment,
facilitation, or operations relating to the mission of
the Department under the contract, including the
interfaces with these systems.
(2) An explanation as to how the Secretary intends to
proceed on amending existing contracts with cloud service
providers to permit the same level of assessments required for
future contracts under paragraph (1).
(3) Identification and description of any proposed tiered
test and evaluation requirements aligned with different impact
and classification levels.
(c) Waiver Authority.--The Secretary may include in the policy and
plan under subsection (a) an authority to waive any requirement under
subsection (b) if the waiver is jointly approved by the Chief
Information Officer of the Department of Defense and the Director of
Operational Test and Evaluation.
(d) Submission.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representatives the
policy and plan under subsection (a).
(e) Threat-realistic Assessment Defined.--In this section, the term
``threat-realistic assessments'' means, with respect to commercial
cloud infrastructure, activities that--
(1) are designed to accurately emulate cyber threats from
advanced nation state adversaries, such as Russia and China;
and
(2) include cooperative penetration testing and no-notice
threat-emulation activities where personnel of the Department
of Defense attempt to penetrate and gain control of the cloud-
provider facilities, networks, systems, and defenses associated
with, or which enable, the supported missions of the
Department.
SEC. 1554. ROADMAP AND IMPLEMENTATION PLAN FOR CYBER ADOPTION OF
ARTIFICIAL INTELLIGENCE.
(a) Roadmap and Implementation Plan Required.--Not later than 270
days after the date of the enactment of this Act, the Commander of the
United States Cyber Command and the Chief Information Officer of the
Department of Defense, in coordination with the Chief Digital and
Artificial Intelligence Officer of the Department, the Director of the
Defense Advanced Research Projects Agency, the Director of the National
Security Agency, and the Under Secretary of Defense for Research and
Engineering, shall jointly develop a five-year roadmap and
implementation plan for rapidly adopting and acquiring artificial
intelligence systems, applications, and supporting data and data
management processes for the Cyberspace Operations Forces of the
Department of Defense.
(b) Elements.--The roadmap and implementation plan required by
subsection (a) shall include the following:
(1) Identification and prioritization of artificial
intelligence systems, applications, data identification, and
processing to cyber missions within the Department, and
ameliorating threats to, and from, artificial intelligence
systems, including--
(A) advancing the cybersecurity of Department
systems with artificial intelligence;
(B) uses of artificial intelligence for cyber
effects operations;
(C) assessing and mitigating vulnerabilities of
artificial intelligence systems supporting
cybersecurity and cyber operations to attacks; and
(D) defending against adversary artificial
intelligence-based cyber attacks.
(2) A plan to develop, acquire, adopt, and sustain the
artificial intelligence systems, applications, data, and
processing identified in paragraph (1).
(3) Roles and responsibilities for the following for
adopting and acquiring artificial intelligence systems,
applications, and data to cyber missions within the Department:
(A) The Commander of the United States Cyber
Command.
(B) The Commander of Joint-Force Headquarters
Department of Defense Information Networks.
(C) The Chief Information Officer of the
Department.
(D) The Chief Digital and Artificial Intelligence
Officer of the Department.
(E) The Under Secretary of Defense for Research and
Engineering.
(F) The Secretaries of the military departments.
(G) The Director of the National Security Agency.
(4) Identification of currently deployed, adopted, and
acquired artificial intelligence systems, applications, ongoing
prototypes, and data.
(5) Identification of current capability and skill gaps
that must be addressed prior to the development and adoption of
artificial intelligence applications identified in paragraph
(1).
(6) Identification of opportunities to solicit operator
utility feedback through inclusion into research and
development processes and wargaming or experimentation events
by developing a roadmap for such processes and events, as well
as a formalized process for capturing and tracking lessons
learned from such events to inform the development community.
(7) Identification of long-term technology gaps for
fulfilling the Department's cyber warfighter mission to be
addressed by research relating to artificial intelligence by
the science and technology enterprise within the Department.
(8) Definition of a maturity model describing desired cyber
capabilities, agnostic of the enabling technology solutions,
including phases in the maturity model or identified milestones
and clearly identified areas for collaboration with relevant
commercial off the shelf and government off the shelf
developers to address requirements supporting capability gaps.
(9) Assessment, in partnership with the Director of the
Defense Intelligence Agency, of the threat posed by
adversaries' use of artificial intelligence to the cyberspace
operations and the security of the networks and artificial
intelligence systems of the Department in the next five years,
including a net technical assessment of United States and
adversary activities to apply artificial intelligence to
cyberspace operations, and actions planned to address that
threat.
(10) A detailed schedule with target milestones,
investments, and required expenditures.
(11) Interim and final metrics of adoption of artificial
intelligence for each activity identified in the roadmap.
(12) Identification of such additional funding,
authorities, and policies as the Commander and the Chief
Information Officer jointly determine may be required.
(13) Such other topics as the Commander and the Chief
Information Officer jointly consider appropriate.
(c) Synchronization.--The Commander and the Chief Information
Officer shall ensure that the roadmap and implementation plan under
subsection (a) are synchronized and coordinated to be consistent with
section 1509.
(d) Briefing.--Not later than 30 days after the date on which the
Commander and the Chief Information Officer complete development of the
roadmap and implementation plan under subsection (a), the Commander and
the Chief Information Officer shall provide to the congressional
defense committees a classified briefing on the roadmap and
implementation plan.
SEC. 1555. REVIEW OF DEPARTMENT OF DEFENSE IMPLEMENTATION OF
RECOMMENDATIONS FROM DEFENSE SCIENCE BOARD CYBER REPORT.
(a) Review.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
complete a review of the findings and recommendations presented
in the June 2018 Defense Science Board report titled ``Cyber as
a Strategic Capability''.
(2) Elements.--The review under paragraph (1) shall include
the following:
(A) Identification of, and description of
implementation for, recommendations that have been
implemented by the Secretary.
(B) Identification of recommendations that have not
yet been fully implemented by the Secretary.
(C) Identification of the reasons why the
recommendations identified under subparagraph (B) were
not implemented.
(D) Identification of such legislative or
administrative action as the Secretary determines
necessary to implement the recommendations identified
under subparagraph (B).
(b) Report.--
(1) Requirement.--Not later than 30 days after the date on
which the review is completed under paragraph (1) of subsection
(a), the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the review, including a disclosure of the matters
identified and developed under paragraph (2) of such
subsection.
(2) Form.--The report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 1556. ANNUAL BRIEFING ON RELATIONSHIP BETWEEN NATIONAL SECURITY
AGENCY AND UNITED STATES CYBER COMMAND.
(a) Annual Briefings Required.--Not later than March 1, 2023, and
not less frequently than once each year thereafter until March 1, 2028,
the Secretary of Defense shall provide the congressional defense
committees a briefing on the relationship between the National Security
Agency and United States Cyber Command.
(b) Elements.--Each briefing provided under subsection (a) shall
include an annual assessment of the following:
(1) The resources, authorities, activities, missions,
facilities, and personnel used to conduct the relevant missions
at the National Security Agency as well as the cyber offense
and defense missions of United States Cyber Command.
(2) The processes used to manage risk, balance tradeoffs,
and work with partners to execute operations.
(3) An assessment of the operating environment and the
continuous need to balance tradeoffs to meet mission necessity
and effectiveness.
(4) An assessment of the operational effects resulting from
the relationship between the National Security Agency and
United States Cyber Command, including a list of specific
operations conducted over the previous year that were enabled
by or benefitted from the relationship.
(5) Such other topics as the Director of the National
Security Agency and the Commander of United States Cyber
Command may consider appropriate.
SEC. 1557. REVIEW OF DEFINITIONS ASSOCIATED WITH CYBERSPACE OPERATIONS
FORCES.
(a) Review.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Principal Cyber Advisor of the Department of Defense and the Principal
Cyber Advisors of the military departments, shall--
(1) review--
(A) the memorandum of the Secretary of Defense
dated December 12, 2019, concerning the definition of
the term ``Department of Defense Cyberspace Operations
Forces (DoD COF)''; and
(B) the responsibilities of the Commander of the
United States Cyber Command as the Cyberspace Joint
Force Provider and Cyberspace Joint Force Trainer, with
respect to forces included and excluded from the
Cyberspace Operations Forces; and
(2) update such memorandum and, as appropriate, update such
responsibilities.
(b) Elements.--The review under subsection (a) shall include the
following:
(1) A comprehensive assessment of units and components of
the Department of Defense conducting defensive cyberspace
operations which are not currently included in the definition
specified in paragraph (1)(A) of such subsection.
(2) Consideration of options for participation in the
Cyberspace Operations Forces by forces without regard to
whether the forces are included in such definition, including
options under which--
(A) forces currently excluded from the Cyberspace
Operations Forces because of such definition may access
training, resources, and expertise of the Cyberspace
Operations Forces;
(B) the Commander of the United States Cyber
Command may issue advisory tasking to forces that are
not Cyberspace Operations Forces pursuant to such
definition; and
(C) forces that are not Cyberspace Operations
Forces pursuant to such definition are subject to
training standards established by the Commander as the
Cyberspace Joint Force Trainer.
SEC. 1558. ANNUAL ASSESSMENTS AND REPORTS ON ASSIGNMENT OF CERTAIN
BUDGET CONTROL RESPONSIBILITY TO COMMANDER OF UNITED
STATES CYBER COMMAND.
(a) Annual Assessments.--
(1) Requirement.--During fiscal year 2023, and not less
frequently than once each fiscal year thereafter through fiscal
year 2028, the Commander of the United States Cyber Command, in
coordination with the Principal Cyber Advisor of the Department
of Defense, shall assess the implementation of the transition
of responsibilities assigned to the Commander by section
1507(a)(1) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81).
(2) Elements.--Each assessment carried out under paragraph
(1) shall include the following:
(A) An assessment of the operational and
organizational effect of section 1507(a)(1) of the
National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81) on the training, equipping,
operation, sustainment, and readiness of the Cyber
Mission Forces.
(B) An inventory description of the cyber systems,
activities, capabilities, resources, and functions that
have been transferred from the military departments to
control of the Commander and those that have not been
transitioned pursuant to such section 1507(a)(1).
(C) An opinion by the Commander as to whether the
cyber systems, activities, capabilities, resources, and
functions that have not been so transitioned should be
transitioned pursuant to such section 1507(a)(1).
(D) An assessment of the adequacy of resources,
authorities, and policies required to implement such
section 1507(a)(1), including organizational,
functional, and personnel matters.
(E) An assessment of the reliance on resources,
authorities, policies, or personnel external to United
States Cyber Command in support of the budget control
of the Commander.
(F) Identification of any outstanding areas for
transition pursuant to such section 1507(a)(1).
(G) An assessment of the organization established
under section 1509 and its performance relative to the
requirements of the Command.
(H) Such other matters as the Commander considers
appropriate.
(b) Annual Reports.--Not later than March 1, 2023, and annually
thereafter through 2028, the Commander shall submit to the
congressional defense committees a report on the findings of the
Commander with respect to the assessments under subsection (a).
SEC. 1559. ASSESSMENTS OF WEAPONS SYSTEMS VULNERABILITIES TO RADIO-
FREQUENCY ENABLED CYBER ATTACKS.
(a) Assessments.--The Secretary of Defense shall ensure that the
activities required by and conducted pursuant to section 1647 of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 1118), section 1637 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. 221 note), and the amendments made by section 1712 of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 134 Stat. 4087) include regular
assessments of the vulnerabilities to and mission risks presented by
radio-frequency enabled cyber attacks with respect to the operational
technology embedded in weapons systems, aircraft, ships, ground
vehicles, space systems, sensors, and datalink networks of the
Department of Defense.
(b) Elements.--The assessments under subsection (a) with respect to
vulnerabilities and risks described in such subsection shall include--
(1) identification of such vulnerabilities and risks;
(2) ranking of vulnerability, severity, and priority;
(3) development and selection of options, with associated
costs and schedule, to correct such vulnerabilities, including
installation of intrusion detection capabilities;
(4) an evaluation of the cybersecurity sufficiency for
Military Standard 1553; and
(5) development of integrated risk-based plans to implement
the corrective actions selected.
(c) Development of Corrective Actions.--In developing corrective
actions under subsection (b)(3), the assessments under subsection (a)
shall--
(1) consider the missions supported by the assessed weapons
systems, aircraft, ships, ground vehicles, space systems,
sensors, or datalink networks, as the case may be, to ensure
that the corrective actions focus on the vulnerabilities that
create the greatest risks to the missions;
(2) be shared and coordinated with the principal staff
assistant with primary responsibility for the strategic
cybersecurity program; and
(3) address requirements for deployed and nondeployed
members of the Armed Forces to analyze data collected on the
weapons systems and respond to attacks.
(d) Intelligence Informed Assessments.--The assessments under
subsection (a) shall be informed by intelligence, if available, and
technical judgment regarding potential threats to embedded operational
technology during operations of the Armed Forces.
(e) Coordination.--
(1) Coordination and integration of activities.--The
assessments under subsection (a) shall be fully coordinated and
integrated with activities described in such subsection.
(2) Coordination of organizations.--The Secretary shall
ensure that the organizations conducting the assessments under
subsection (a) in the military departments, the United States
Special Operations Command, and the Defense Agencies coordinate
with each other and share best practices, vulnerability
analyses, and technical solutions with the principal staff
assistant with primary responsibility for the Strategic
Cybersecurity Program.
(f) Briefings.--Not later than one year after the date of the
enactment of this Act, the Secretary shall provide to the congressional
defense committees briefings from the organizations specified under
subsection (e)(2), as appropriate, on the activities and plans required
under this section.
SEC. 1560. BRIEFING ON DEPARTMENT OF DEFENSE PLAN TO DETER AND COUNTER
ADVERSARIES IN THE INFORMATION ENVIRONMENT.
(a) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
congressional defense committees a briefing on the following:
(1) The status of the strategy and posture review required
by section 1631(g) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 397 note).
(2) A description of efforts of the Department of Defense,
including such efforts conducted in consultation with relevant
departments and agencies of the Federal Government, to
effectively deter and counter foreign adversaries in the
information environment, including--
(A) recent updates or modifications to existing
policies to more effectively deter and counter
adversaries;
(B) a description of funding priorities and impacts
to future budget requests;
(C) recent updates to personnel policies to ensure
the recruitment, promotion, retention, and compensation
for individuals with the necessary skills in the
information environment; and
(D) a description of improvements required to the
collection, prioritization, and analysis of
intelligence, in particular open-source intelligence,
to better inform the understanding of foreign
adversaries in the information environment.
(3) A description of any initiatives that are being taken,
in cooperation with relevant departments and agencies of the
Federal Government, to assist and incorporate allies and
partner countries of the United States into efforts to
effectively deter and counter foreign adversaries in the
information environment.
(4) A description of any additional actions the Secretary
determines necessary to further ensure that the Department of
Defense is appropriately postured to effectively deter and
counter foreign adversaries in the information environment.
(5) Any other matters the Secretary of Defense determines
appropriate.
(b) Information Environment Defined.--In this section, the term
``information environment'' has the meaning given in the publication of
the Department of Defense titled ``Joint Concept for Operating in the
Information Environment (JCOIE)'' dated July 25, 2018.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. Requirements for protection of satellites.
Sec. 1602. Strategy on protection of satellites.
Sec. 1603. Modification of reports on integration of acquisition and
capability delivery schedules for segments
of major satellite acquisitions programs
and funding for such programs.
Sec. 1604. Tactically responsive space capability.
Sec. 1605. Extension of annual report on Space Command and Control.
Sec. 1606. Allied responsive space capabilities.
Sec. 1607. Applied research and educational activities to support space
technology development.
Sec. 1608. Review of Space Development Agency exemption from Joint
Capabilities Integration and Development
System.
Sec. 1609. Update to plan to manage Integrated Tactical Warning and
Attack Assessment System and multi-domain
sensors.
Sec. 1610. Report on space debris.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Congressional oversight of clandestine activities that
support operational preparation of the
environment.
Subtitle C--Nuclear Forces
Sec. 1631. Biannual briefing on nuclear weapons and related activities.
Sec. 1632. Industrial base monitoring for B-21 and Sentinel programs.
Sec. 1633. Improvements to Nuclear Weapons Council.
Sec. 1634. Portfolio management framework for nuclear forces.
Sec. 1635. Extension of requirement to report on nuclear weapons
stockpile.
Sec. 1636. Modification and extension of annual assessment of cyber
resilience of nuclear command and control
system.
Sec. 1637. Modification of reports on Nuclear Posture Review
implementation.
Sec. 1638. Establishment of intercontinental ballistic missile site
activation task force for Sentinel program.
Sec. 1639. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1640. Plan for development of reentry vehicles.
Sec. 1641. Treatment of nuclear modernization and hypersonic missile
programs within Defense Priorities and
Allocations System.
Sec. 1642. Matters relating to nuclear-capable sea-launched cruise
missile.
Subtitle D--Missile Defense Programs
Sec. 1651. Biannual briefing on missile defense and related activities.
Sec. 1652. Improvements to acquisition accountability reports on the
ballistic missile defense system.
Sec. 1653. Making permanent prohibitions relating to missile defense
information and systems.
Sec. 1654. Next generation interceptors for missile defense of United
States homeland.
Sec. 1655. Termination of requirement to transition ballistic missile
defense programs to the military
departments.
Sec. 1656. Persistent cybersecurity operations for ballistic missile
defense systems and networks.
Sec. 1657. Fire control architectures.
Sec. 1658. Middle East integrated air and missile defense.
Sec. 1659. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-
development and co-production.
Sec. 1660. Integrated air and missile defense architecture for defense
of Guam.
Sec. 1661. Limitation on availability of certain funds until submission
of report on implementation of the cruise
missile defense architecture for the
homeland.
Sec. 1662. Strategy to use asymmetric capabilities to defeat hypersonic
missile threats.
Sec. 1663. Plan on delivering Shared Early Warning System data to
certain allies and partners of the United
States.
Sec. 1664. Reports on ground-based interceptors.
Sec. 1665. Report on missile defense interceptor site in contiguous
United States.
Subtitle E--Other Matters
Sec. 1671. Cooperative threat reduction funds.
Sec. 1672. Department of Defense support for requirements of the White
House Military Office.
Sec. 1673. Unidentified anomalous phenomena reporting procedures.
Sec. 1674. Study of weapons programs that allow Armed Forces to address
hard and deeply buried targets.
Subtitle A--Space Activities
SEC. 1601. REQUIREMENTS FOR PROTECTION OF SATELLITES.
Chapter 135 of title 10, United States Code, is amended by
inserting after section 2275 the following new section (and conforming
the table of sections at the beginning of such chapter accordingly):
``Sec. 2275a. Requirements for protection of satellites
``(a) Establishment of Requirements.--Before a major satellite
acquisition program achieves Milestone A approval, or equivalent, the
Chief of Staff of the Space Force, in consultation with the Commander
of the United States Space Command, shall establish requirements for
the defense and resilience of the satellites under that program against
the capabilities of adversaries to target, degrade, or destroy the
satellites.
``(b) Definitions.--In this section:
``(1) The term `major satellite acquisition program' has
the meaning given that term in section 2275 of this title.
``(2) The term `Milestone A approval' has the meaning given
that term in section 4251 of this title 10.''.
SEC. 1602. STRATEGY ON PROTECTION OF SATELLITES.
(a) Strategy.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Director of National Intelligence, shall
make publicly available a strategy containing the actions that
will be taken to defend and protect on-orbit satellites of the
Department of Defense and the intelligence community from the
capabilities of adversaries to target, degrade, or destroy
satellites.
(2) Forms.--The Secretary shall--
(A) make the strategy under paragraph (1) publicly
available in unclassified form; and
(B) submit to the appropriate congressional
committees an annex, which may be submitted in
classified form, containing supporting documents to the
strategy.
(b) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives and the Select
Committee on Intelligence of the Senate.
(2) The term ``intelligence community'' has the meaning
given that term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 3003(4)).
SEC. 1603. MODIFICATION OF REPORTS ON INTEGRATION OF ACQUISITION AND
CAPABILITY DELIVERY SCHEDULES FOR SEGMENTS OF MAJOR
SATELLITE ACQUISITIONS PROGRAMS AND FUNDING FOR SUCH
PROGRAMS.
Section 2275(f) of title 10, United States Code, is amended by
striking paragraph (3).
SEC. 1604. TACTICALLY RESPONSIVE SPACE CAPABILITY.
(a) Program.--Subsection (a) of section 1609 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 10 U.S.C. 2271 note) is amended to read as
follows:
``(a) Program.--The Secretary of the Air Force shall ensure that
the Space Force has a tactically responsive space capability that--
``(1) addresses all lifecycle elements; and
``(2) addresses rapid deployment and reconstitution
requirements--
``(A) to provide long-term continuity for
tactically responsive space capabilities across the
future-years defense program submitted to Congress
under section 221 of title 10, United States Code;
``(B) to continue the development of concepts of
operations, including with respect to tactics,
training, and procedures;
``(C) to develop appropriate processes for
tactically responsive space launch, including--
``(i) mission assurance processes; and
``(ii) command and control, tracking,
telemetry, and communications; and
``(D) to identify basing requirements necessary to
enable tactically responsive space capabilities.''.
(b) Requirements.--Such section is further amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Requirements.--The Chief of Space Operations shall establish
tactically responsive requirements for all national security space
capabilities, if applicable, carried out under title 10, United States
Code.''.
(c) Support.--Subsection (c) of such section, as redesignated by
subsection (b), is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``launch program'' and inserting ``space
program''; and
(B) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) The entire end-to-end tactically responsive
space capability, including with respect to the launch
vehicle, ground infrastructure, bus, payload,
operations and on-orbit sustainment.''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``for fiscal year 2023''
and inserting ``for each of fiscal years 2023
through 2026''; and
(ii) by striking ``tactically responsive
launch program'' and inserting ``tactically
responsive space program'';
(B) in subparagraph (A), by striking ``launches''
and inserting ``capabilities''; and
(C) in subparagraph (C), by striking ``tactically
responsive launch program'' and inserting ``tactically
responsive space program''.
(d) Conforming Amendment.--The heading of such section is amended
in the heading by striking ``launch operations'' and inserting ``space
capability''.
SEC. 1605. EXTENSION OF ANNUAL REPORT ON SPACE COMMAND AND CONTROL.
Section 1613(a)(2) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1731) is amended by
striking ``2025'' and inserting ``2030''.
SEC. 1606. ALLIED RESPONSIVE SPACE CAPABILITIES.
(a) Initiatives.--The Secretary of the Defense and the Secretary of
State shall jointly ensure that responsive space capabilities of the
Department of Defense align with initiatives by Five Eyes countries,
member states of the North Atlantic Treaty Organization, and other
allies to promote a globally responsive space architecture.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
State, in coordination with the Commander of the United States European
Command, the Commander of the United States Indo-Pacific Command, and
the Commander of the United States Space Command, shall jointly submit
to the congressional defense committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on Foreign
Relations of the Senate a report assessing current investments and
partnerships by the United States with allies of the United States with
respect to responsive space efforts. The report shall include the
following:
(1) An assessment of the benefits of leveraging allied and
partner spaceports for responsive launch.
(2) A discussion of current and future plans to engage with
allies and partners with respect to activities ensuring rapid
reconstitution or augmentation of the space capabilities of the
United States and allies.
(3) An assessment of the shared costs and technology
between the United States and allies, including if investments
from the Pacific Deterrence Initiative and the European
Deterrence Initiative could be considered for allied
spaceports.
(c) Five Eyes Countries Defined.--In this section, the term ``Five
Eyes countries'' means the following:
(1) Australia.
(2) Canada.
(3) New Zealand.
(4) The United Kingdom.
(5) The United States.
SEC. 1607. APPLIED RESEARCH AND EDUCATIONAL ACTIVITIES TO SUPPORT SPACE
TECHNOLOGY DEVELOPMENT.
(a) In General.--The Secretary of the Air Force and the Chief of
Space Operations, in coordination with the Chief Technology and
Innovation Office of the Space Force, may carry out applied research
and educational activities to support space technology development.
(b) Activities.--Activities carried out under subsection (a) shall
support the applied research, development, and demonstration needs of
the Space Force, including by addressing and facilitating the
advancement of capabilities related to--
(1) space domain awareness;
(2) positioning, navigation, and timing;
(3) communications;
(4) hypersonics;
(5) cybersecurity; and
(6) any other matter the Secretary of the Air Force
considers relevant.
(c) Education and Training.--Activities carried out under
subsection (a) shall--
(1) promote education and training for students so as to
support the future national security space workforce of the
United States; and
(2) explore opportunities for international collaboration.
(d) Termination.--The authority provided by this section shall
expire on December 31, 2027.
SEC. 1608. REVIEW OF SPACE DEVELOPMENT AGENCY EXEMPTION FROM JOINT
CAPABILITIES INTEGRATION AND DEVELOPMENT SYSTEM.
(a) Review.--Not later than March 31, 2023, the Secretary of
Defense shall complete a review regarding whether the Space Development
Agency should be exempt from the Joint Capabilities Integration and
Development System.
(b) Recommendation.--Not later than 30 days after the date on which
the review under subsection (a) is completed, the Secretary of Defense
shall submit to the congressional defense committees a recommendation
as to whether the exemption described in such subsection should apply
to the Space Development Agency.
(c) Implementation.--Not later than 60 days after the date on which
the recommendation is submitted under subsection (b), the Secretary of
the Air Force and the Director of the Space Development Agency shall
implement the recommendation.
SEC. 1609. UPDATE TO PLAN TO MANAGE INTEGRATED TACTICAL WARNING AND
ATTACK ASSESSMENT SYSTEM AND MULTI-DOMAIN SENSORS.
(a) Update Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Air Force shall update the
plan that was developed pursuant to section 1669 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91).
(b) Coordination With Other Agencies.--In developing the update
required by subsection (a), the Secretary shall--
(1) coordinate with the Secretary of the Army, the
Secretary of the Navy, the Director of the Missile Defense
Agency, the Director of the National Reconnaissance Office, and
the Director of the Space Development Agency; and
(2) solicit comments on the plan, if any, from the
Commander of United States Strategic Command, the Commander of
United States Northern Command, and the Commander of United
States Space Command.
(c) Submittal to Congress.--Not later than 90 days after the update
required by subsection (a) is complete, the Secretary of the Air Force
shall submit to the congressional defense committees--
(1) the plan updated pursuant to subsection (a); and
(2) the comments from the Commander of United States
Strategic Command, the Commander of United States Northern
Command, and the Commander of United States Space Command, if
any, solicited under subsection (b)(2).
SEC. 1610. REPORT ON SPACE DEBRIS.
(a) Requirement.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees the portion of the report on the
risks posed by man-made space debris in low-Earth orbit described in
the explanatory statement accompanying the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) that
pertains to the Department of Defense. The portion of the report shall
include--
(1) an explanation of such risks to defense and national
security space assets;
(2) recommendations with respect to the remediation of such
risks to defense and national security assets; and
(3) outlines of plans to reduce the incident of such space
debris to defense and national security assets.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Science, Space, and Technology of the House of Representatives;
and
(2) the Committee on Armed Services and Committee on
Commerce, Science, and Transportation of the Senate.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
SEC. 1621. CONGRESSIONAL OVERSIGHT OF CLANDESTINE ACTIVITIES THAT
SUPPORT OPERATIONAL PREPARATION OF THE ENVIRONMENT.
Section 127f of title 10, United States Code, is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Quarterly Briefing.--On a quarterly basis, the Assistant
Secretary of Defense for Special Operations and Low Intensity Conflict,
in coordination with elements of the Department of Defense that the
Assistant Secretary determines appropriate, shall provide to the
congressional defense committees a briefing outlining the clandestine
activities carried out pursuant to subsection (a) during the period
covered by the briefing, including--
``(1) an update on such activities carried out in each
geographic combatant command and a description of how such
activities support the respective theater campaign plan;
``(2) an overview of the authorities and legal issues,
including limitations, relating to such activities; and
``(3) any other matters the Assistant Secretary considers
appropriate.''.
Subtitle C--Nuclear Forces
SEC. 1631. BIANNUAL BRIEFING ON NUCLEAR WEAPONS AND RELATED ACTIVITIES.
Chapter 24 of title 10, United States Code, is amended by inserting
after section 492a the following new section (and conforming the table
of sections at the beginning of such chapter accordingly):
``SEC. 492B. BIANNUAL BRIEFING ON NUCLEAR WEAPONS AND RELATED
ACTIVITIES.
``(a) In General.--On or about May 1 and November 1 of each year,
the officials specified in subsection (b) shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on matters relating to nuclear weapons
policies, operations, technology development, and other similar topics
as requested by such committees.
``(b) Officials Specified.--The officials specified in this
subsection are the following:
``(1) The Assistant Secretary of Defense for Acquisition.
``(2) The Assistant Secretary of Defense for Nuclear,
Chemical, and Biological Defense Programs.
``(3) The Assistant Secretary of Defense for Space Policy.
``(4) The Deputy Administrator for Defense Programs of the
National Nuclear Security Administration.
``(5) The Director for Strategy, Plans, and Policy of the
Joint Staff.
``(6) The Director for Capability and Resource Integration
for the United States Strategic Command.
``(c) Delegation.--An official specified in subsection (b) may
delegate the authority to provide a briefing under subsection (a) to a
member of the Senior Executive Service who reports to the official.
``(d) Termination.--The requirement to provide a briefing under
subsection (a) shall terminate on January 1, 2028.''.
SEC. 1632. INDUSTRIAL BASE MONITORING FOR B-21 AND SENTINEL PROGRAMS.
Chapter 24 of title 10, United States Code, is amended by inserting
after section 493 the following new section (and conforming the table
of sections at the beginning of such chapter accordingly):
``Sec. 493a. Industrial base monitoring for B-21 and Sentinel programs
``(a) Designation.--The Secretary of the Air Force, acting through
the Assistant Secretary of the Air Force for Acquisition, Technology,
and Logistics, shall designate a senior official, who shall report to
the Assistant Secretary, to monitor the combined industrial base
supporting the acquisition of--
``(1) B-21 aircraft; and
``(2) the Sentinel intercontinental ballistic missile
weapon system.
``(b) Requirements for Monitoring.--In monitoring the combined
industrial base described in subsection (a), the senior official
designated under such subsection shall--
``(1) have the authority to select staff to assist the
senior official from among civilian employees of the Department
and members of the armed forces, who may provide such
assistance concurrently while serving in another position;
``(2) monitor the acquisition by the combined industrial
base of--
``(A) materials, technologies, and components
associated with nuclear weapons systems; and
``(B) commodities purchased on a large scale;
``(3) monitor the hiring or contracting by the combined
industrial base of personnel with critical skills; and
``(4) assess whether personnel with critical skills and
knowledge, intellectual property on manufacturing processes,
and facilities and equipment necessary to design, develop,
manufacture, repair, and support a program are available and
affordable within the scopes of the B-21 aircraft program and
the Sentinel intercontinental ballistic missile weapon system
program.
``(c) Annual Report.--At the same time as the submission of the
budget of the President pursuant to section 1105(a) of title 31 for a
fiscal year, the Secretary shall submit to the congressional defense
committees a report with respect to the status of the combined
industrial base described in subsection (a).''.
SEC. 1633. IMPROVEMENTS TO NUCLEAR WEAPONS COUNCIL.
(a) Responsibilities.--Subsection (d) of section 179 of title 10,
United States Code, is amended--
(1) in paragraph (9), by inserting ``, in coordination with
the Joint Requirements Oversight Council,'' after
``capabilities, and'';
(2) by redesignating paragraphs (10), (11), and (12) as
paragraphs (11), (12), and (13), respectively;
(3) by inserting after paragraph (9) the following new
paragraph (10):
``(10) With respect to nuclear warheads--
``(A) reviewing military requirements, performance
requirements, and planned delivery schedules to
evaluate whether such requirements and schedules create
significant risks to cost, schedules, or other matters
regarding production, surveillance, research, and other
programs relating to nuclear weapons within the
National Nuclear Security Administration; and
``(B) if any such risk exists, proposing and
analyzing adjustments to such requirements and
schedules.''; and
(4) by striking paragraph (13), as so redesignated, and
inserting the following new paragraph (13):
``(13) Coordinating risk management efforts between the
Department of Defense and the National Nuclear Security
Administration relating to the nuclear weapons stockpile, the
nuclear security enterprise (as defined in section 4002 of the
Atomic Energy Defense Act (50 U.S.C. 2501)), and the delivery
platforms for nuclear weapons, including with respect to
identifying and analyzing risks and proposing actions to
mitigate risks.''.
(b) Plans and Budget.--Subsection (f) of such section is amended to
read as follows:
``(f) Budget and Funding Matters.--(1) The Council shall annually
review the plans and budget of the National Nuclear Security
Administration and assess whether such plans and budget meet the
current and projected requirements relating to nuclear weapons.
``(2)(A) The Council shall review each budget request transmitted
by the Secretary of Energy to the Council under section 4717 of the
Atomic Energy Defense Act (50 U.S.C. 2757) and make a determination
under subparagraph (B) regarding the adequacy of each such request. Not
later than 30 days after making such a determination, the Council shall
notify the congressional defense committees that such a determination
has been made.
``(B)(i) If the Council determines that a budget request for a
fiscal year transmitted to the Council under section 4717 of the Atomic
Energy Defense Act (50 U.S.C. 2757) is inadequate, in whole or in part,
to implement the objectives of the Department of Defense with respect
to nuclear weapons for that fiscal year, the Council shall submit to
the Secretary of Energy a written description of funding levels and
specific initiatives that would, in the determination of the Council,
make the budget request adequate to implement those objectives.
``(ii) If the Council determines that a budget request for a fiscal
year transmitted to the Council under section 4717 of the Atomic Energy
Defense Act (50 U.S.C. 2757) is adequate to implement the objectives
described in clause (i) for that fiscal year, the Council shall submit
to the Secretary of Energy a written statement confirming the adequacy
of the request.
``(iii) The Council shall maintain a record of each description
submitted under clause (i) and each statement submitted under clause
(ii).
``(3) Not later than 30 days after the President submits to
Congress the budget for a fiscal year under section 1105(a) of title
31, the Council shall submit to the congressional defense committees a
report containing the following:
``(A) The results of the assessment conducted under
paragraph (1) with respect to that budget.
``(B) An evaluation of--
``(i) whether the funding requested for the
National Nuclear Security Administration in such
budget--
``(I) enables the Administrator for Nuclear
Security to meet requirements relating to
nuclear weapons for such fiscal year; and
``(II) is adequate to implement the
objectives of the Department of Defense with
respect to nuclear weapons for that fiscal
year; and
``(ii) whether the plans and budget reviewed under
paragraph (1) will enable the Administrator to meet--
``(I) the requirements to produce war
reserve plutonium pits under section 4219(a) of
such Act (50 U.S.C. 2538a(a)); and
``(II) any other requirements under Federal
law.
``(C) If the evaluation under subparagraph (B)(ii)
determines that the plans and budget reviewed under paragraph
(1) will not enable the Administrator to meet the requirements
to produce war reserve plutonium pits under section 4219(a) of
the Atomic Energy Defense Act (50 U.S.C. 2538a(a))--
``(i) an explanation for why the plans and budget
will not enable the Administrator to meet such
requirements; and
``(ii) proposed alternative plans, budget, or
requirements by the Council to meet such requirements.
``(4) If a member of the Council does not concur in any assessment
or evaluation under this subsection, the report or other information
required to be submitted to the congressional defense committees
regarding such assessment or evaluation shall include a written
explanation from the non-concurring member describing the reasons for
the member's nonconcurrence.
``(5)(A) Not later than 30 days after the President submits to
Congress the budget for a fiscal year under section 1105(a) of title
31, the Commander of the United States Strategic Command shall submit
to the Chairman of the Joint Chiefs of Staff an assessment of--
``(i) whether such budget allows the Federal
Government to meet the nuclear stockpile and stockpile
stewardship program requirements during the fiscal year
covered by the budget and the four subsequent fiscal
years; and
``(ii) if the Commander determines that such budget
does not allow the Federal Government to meet such
requirements, a description of the steps being taken to
meet such requirements.
``(B) Not later than 30 days after the date on which the Chairman
of the Joint Chiefs of Staff receives the assessment of the Commander
of the United States Strategic Command under subparagraph (A), the
Chairman shall submit to the congressional defense committees--
``(i) such assessment as it was submitted to the Chairman;
and
``(ii) any comments of the Chairman.
``(6) In this subsection, the term `budget' has the meaning given
that term in section 231(f) of this title.''.
(c) Modification of Budget Review by Nuclear Weapons Council.--
Section 4717 of the Atomic Energy Defense Act (50 U.S.C. 2757) is
amended--
(1) in subsection (a)--
(A) by striking paragraph (2) and inserting the
following:
``(2) Review.--The Council shall review each budget request
transmitted to the Council under paragraph (1) in accordance
with section 179(f) of title 10, United States Code.''; and
(B) in paragraph (3)(A)--
(i) in the matter preceding clause (i), by
striking ``paragraph (2)(B)(i)'' and inserting
``section 179(f)(2)(B)(i) of title 10, United
States Code,''; and
(ii) in clause (i), by striking ``the
description under paragraph (2)(B)(i)'' and
inserting ``that description''; and
(2) in subsection (b)--
(A) by striking ``Council.--'' in the heading and
all that follows through ``At the time'' and inserting
``Council.--At the time''; and
(B) by striking paragraph (2).
(d) Updates on Meetings.--Section 179(g)(1)(A) of title 10, United
States Code, is amended by inserting ``and the members who attended
each meeting'' before the semicolon.
(e) Repeal of Termination of Nuclear Weapons Council Certification
and Reporting Requirement.--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 (10).
SEC. 1634. PORTFOLIO MANAGEMENT FRAMEWORK FOR NUCLEAR FORCES.
(a) In General.--Chapter 24 of title 10, United States Code, is
amended by adding at the end the following new section (and conforming
the table of sections at the beginning of such chapter accordingly):
``Sec. 499c. Portfolio management framework for nuclear forces
``(a) Requirement.--Not later than January 1, 2024, the Secretary
of Defense shall--
``(1) implement a portfolio management framework for
nuclear forces of the United States that--
``(A) specifies the portfolio of nuclear forces
covered by the framework;
``(B) establishes a portfolio governance structure
for such forces that takes advantage of, or is modeled
on, an existing portfolio governance structure, such as
the Deputy's Management Action Group described in
Department of Defense Directive 5105.79;
``(C) outlines the approach of the Secretary for
identifying and managing risk relating to such forces
and prioritizing the efforts among such forces,
including how the Secretary, acting through the Under
Secretary of Defense for Acquisition and Sustainment,
will coordinate such identification, management, and
prioritization with the Administrator for Nuclear
Security using the coordination processes of the
Nuclear Weapons Council; and
``(D) incorporates the findings and recommendations
identified by the Comptroller General of the United
States in the report titled `Nuclear Enterprise: DOD
and NNSA Could Further Enhance How They Manage Risk and
Prioritize Efforts' (GAO-22-104061) and dated January
2022; and
``(2) complete a comprehensive assessment of the portfolio
management capabilities required to identify and manage risk in
the portfolio of nuclear forces, including how to draw upon
public and private sector resources and the program management
expertise within the Defense Acquisition University.
``(b) Annual Briefings; Notifications.--(1) In conjunction with the
submission of the budget of the President to Congress pursuant to
section 1105 of title 31 for fiscal year 2025 and each fiscal year
thereafter through the date specified in subsection (c), the Secretary
shall provide to the congressional defense committees a briefing on
identifying and managing risk relating to nuclear forces and
prioritizing the efforts among such forces, including, with respect to
the period covered by the briefing--
``(A) the current and projected operational requirements
for nuclear forces that were used for such identification,
management, and prioritization;
``(B) key areas of risk identified; and
``(C) a description of the actions proposed or carried out
to mitigate such risk.
``(2) The Secretary may provide the briefings under paragraph (1)
in classified form.
``(3) If a House of Congress adopts a bill authorizing or
appropriating funds that, as determined by the Secretary, provides
funds in an amount that will result in a significant delay in the
nuclear certification or delivery of nuclear forces, the Secretary
shall notify the congressional defense committees of the determination.
``(c) Termination.--The requirements of this section shall
terminate 90 days after the date on which the Secretary certifies to
the congressional defense committees that each of the following have
achieved full operational capability:
``(1) The LGM-35A Sentinel intercontinental ballistic
missile weapon system.
``(2) The Columbia-class ballistic missile submarine
program.
``(3) The long-range standoff weapon program.
``(4) The B-21 Raider bomber aircraft program.
``(5) The F-35A dual-capable aircraft program.
``(d) Nuclear Forces Defined.--In this section, the term `nuclear
forces' includes, at a minimum--
``(1) nuclear weapons;
``(2) the delivery platforms and systems for nuclear
weapons;
``(3) nuclear command, control, and communications systems;
and
``(4) the infrastructure and facilities of the Department
of Defense and the National Nuclear Security Administration
that support nuclear weapons, the delivery platforms and
systems for nuclear weapons, and nuclear command, control, and
communications systems, including with respect to personnel,
construction, operation, and maintenance.''.
(b) Initial Briefing.--
(1) Requirement.--Not later than June 1, 2023, the
Secretary of Defense shall provide to the congressional defense
committees a briefing on the progress of the Secretary to--
(A) develop the portfolio management framework for
nuclear forces under section 499c of title 10, United
States Code, as added by subsection (a); and
(B) complete the assessment described in subsection
(a)(2) of such section.
(2) Form.--The Secretary may provide the briefing under
paragraph (1) in classified form.
SEC. 1635. EXTENSION OF REQUIREMENT TO REPORT ON NUCLEAR WEAPONS
STOCKPILE.
Section 492a(a)(1) of title 10, United States Code, is amended by
striking ``2024'' and inserting ``2029''.
SEC. 1636. MODIFICATION AND EXTENSION OF ANNUAL ASSESSMENT OF CYBER
RESILIENCE OF NUCLEAR COMMAND AND CONTROL SYSTEM.
(a) Quarterly Briefings.--Subsection (d) of section 499 of title
10, United States Code, is amended to read as follows:
``(d) Quarterly Briefings.--(1) Not less than once every quarter,
the Deputy Secretary of Defense and the Vice Chairman of the Joint
Chiefs of Staff shall jointly provide to the Committees on Armed
Services of the House of Representatives and the Senate--
``(A) a briefing on any intrusion or anomaly in the nuclear
command, control, and communications system that was identified
during the previous quarter, including--
``(i) an assessment of any known, suspected, or
potential impacts of such intrusions and anomalies to
the mission effectiveness of military capabilities as
of the date of the briefing; and
``(ii) with respect to cyber intrusions of
contractor networks known or suspected to have resulted
in the loss or compromise of design information
regarding the nuclear command, control, and
communications system; or
``(B) if no such intrusion or anomaly occurred with respect
to the quarter to be covered by that briefing, a notification
of such lack of intrusions and anomalies.
``(2) In this subsection:
``(A) The term `anomaly' means a malicious, suspicious or
abnormal cyber incident that potentially threatens the national
security or interests of the United States, or that is likely
to result in demonstrable harm to the national security of the
United States.
``(B) The term `intrusion' means an unauthorized and
malicious cyber incident that compromises a nuclear command,
control, and communications system by breaking the security of
such a system or causing it to enter into an insecure state.''.
(b) Extension.--Subsection (e) of such section is amended by
striking ``December 31, 2027'' and inserting ``December 31, 2032''.
(c) Conforming Repeal.--Section 171a of title 10, United States
Code, is amended--
(1) by striking subsection (h); and
(2) by redesignating subsections (i) through (l) as
subsections (h) through (k), respectively.
SEC. 1637. MODIFICATION OF REPORTS ON NUCLEAR POSTURE REVIEW
IMPLEMENTATION.
Section 491(c) of title 10, United States Code is amended--
(1) in the heading, by striking ``2010'';
(2) in the matter preceding paragraph (1)--
(A) by striking ``2012 through 2021'' and inserting
``2022 through 2031''; and
(B) by striking ``2010'' and inserting ``a''; and
(3) by striking paragraph (1) and inserting the following
new paragraph (1.):
``(1) ensure that the report required by section 492a of
this title is transmitted to Congress, if so required under
such section;''.
SEC. 1638. ESTABLISHMENT OF INTERCONTINENTAL BALLISTIC MISSILE SITE
ACTIVATION TASK FORCE FOR SENTINEL PROGRAM.
(a) Establishment.--
(1) Task force.--There is established within the Air Force
Global Strike Command a directorate to be known as the Sentinel
Intercontinental Ballistic Missile Site Activation Task Force
(in this section referred to as the ``Task Force'').
(2) Site activation task force.--The Task Force shall serve
as the Site Activation Task Force (as that term is defined in
Air Force Instruction 10-503, updated October 14, 2020) for
purposes of overseeing and coordinating the construction of
fixed facilities and emplacements and the installation and
checkout of supporting subsystems and equipment leading to the
deployment and achievement of full operational capability of
the LGM-35A Sentinel intercontinental ballistic missile weapon
system at each intercontinental ballistic missile wing for use
by the Air Force Global Strike Command in support of plans and
operations of the United States Strategic Command.
(b) Director.--
(1) Head.--The Task Force shall be headed by the Director
of Intercontinental Ballistic Missile Modernization.
(2) Appointment.--
(A) In general.--The Secretary of the Air Force
shall appoint the Director from among the general
officers of the Air Force.
(B) Qualifications.--In appointing the Director,
the Secretary shall give preference to individuals with
expertise in intercontinental ballistic missile
operations and large construction projects.
(3) Term of office.--
(A) Term.--The Director shall be appointed for a
term of three years. The Secretary may reappoint the
Director for one additional three-year term.
(B) Removal.--The Secretary may remove the Director
for cause at any time.
(4) Duties.--
(A) In general.--The Director shall--
(i) oversee and coordinate the activities
of the Air Force in support of--
(I) the deployment of the LGM-35A
Sentinel intercontinental ballistic
missile weapon system; and
(II) the retirement of the LGM-30G
Minuteman III intercontinental
ballistic missile weapon system; and
(ii) subject to the authority, direction,
and control of the Commander of the Air Force
Global Strike Command, the Chief of Staff of
the Air Force, and the Secretary of the Air
Force, prepare, justify, and execute the
personnel, operation and maintenance, and
construction budgets for such deployment and
retirement.
(B) Rule of construction.--Nothing in this
subsection shall be construed to supersede or otherwise
alter the organizational relationships and
responsibilities regarding oversight and management of
the LGM-35A Sentinel as a Major Capability Acquisition
Program, as outlined in Department of Defense
Instruction 5000.85, ``Major Capability Acquisition'',
dated November 4, 2021.
(c) Reports.--
(1) Report to secretaries.--Not later than one year after
the date of the enactment of this Act, and annually thereafter
until the date specified in subsection (e), the Director, in
consultation with the milestone decision authority (as defined
in section 4251(d) of title 10, United States Code) for the
LGM-35A Sentinel intercontinental ballistic missile program,
shall submit to the Secretary of Defense and the Secretary of
the Air Force a report on the progress of the Air Force in
achieving initial and full operational capability for the LGM-
35A Sentinel intercontinental ballistic missile weapon system.
(2) Report to congress.--Not later than 30 days after
receiving a report under paragraph (1), the Secretary of
Defense and the Secretary of the Air Force shall jointly submit
to the congressional defense committees the report.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(4) Quarterly briefing.--Not later than one year after the
date of the enactment of this Act, and every 90 days thereafter
until the date specified in subsection (e), the Secretary of
the Air Force shall provide to the congressional defense
committees a briefing regarding the progress made on activities
by the Task Force to bring the LGM-35A Sentinel
intercontinental ballistic missile weapon system to operational
capability at each intercontinental ballistic missile wing.
(d) Weapon System Designation.--
(1) Weapon system.--For purposes of nomenclature and life
cycle maintenance, each wing level configuration of the LGM-35A
Sentinel intercontinental ballistic missile shall be considered
a weapon system.
(2) Definitions.--In this subsection:
(A) The term ``weapon system'' has the meaning
given the term in Department of the Air Force Pamphlet
63-128, updated February 3, 2021.
(B) The term ``wing level configuration'' means the
complete arrangement of subsystems and equipment of the
LGM-35A Sentinel intercontinental ballistic missile
required to function as a wing.
(e) Termination.--The Task Force shall terminate not later than 90
days after the date on which the Commander of the United States
Strategic Command and the Commander of the Air Force Global Strike
Command (or the heads of successor agencies of the United States
Strategic Command and the Air Force Global Strike Command) jointly
declare that the LGM-35A Sentinel intercontinental ballistic missile
weapon system has achieved full operational capability.
SEC. 1639. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL BALLISTIC
MISSILES OF THE UNITED STATES.
(a) Prohibition.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2023 for the Department of Defense may be
obligated or expended for the following, and the Department may not
otherwise take any action to do the following:
(1) Reduce, or prepare to reduce, the responsiveness or
alert level of the intercontinental ballistic missiles of the
United States.
(2) Reduce, or prepare to reduce, the quantity of deployed
intercontinental ballistic missiles of the United States to a
number less than 400.
(b) Exception.--The prohibition in subsection (a) shall not apply
to any of the following activities:
(1) The maintenance or sustainment of intercontinental
ballistic missiles.
(2) Ensuring the safety, security, or reliability of
intercontinental ballistic missiles.
(3) Facilitating the transition from the Minuteman III
intercontinental ballistic missile to the Sentinel
intercontinental ballistic missile (previously referred to as
the ``ground-based strategic deterrent weapon'').
SEC. 1640. PLAN FOR DEVELOPMENT OF REENTRY VEHICLES.
(a) Plan.--The Under Secretary of Defense for Acquisition and
Sustainment, in consultation with the Administrator for Nuclear
Security and the Under Secretary of Defense for Research and
Engineering, shall produce a plan for the development, during the 20-
year period beginning on the date of the enactment of this Act, of--
(1) the Mark 21A reentry vehicle for the Air Force;
(2) the Mark 7 reentry vehicle for the Navy; and
(3) any other reentry vehicles for--
(A) the Sentinel intercontinental ballistic missile
weapon system;
(B) the Trident II (D5) submarine-launched
ballistic missile, or subsequent missile; and
(C) any other long-range ballistic or hypersonic
strike missile that may rely upon technologies similar
to the technologies used in the missiles described in
subparagraphs (A) and (B).
(b) Elements.--The plan under subsection (a) shall--
(1) with respect to the development of each reentry vehicle
described in such subsection, describe--
(A) timed phases of production for the reentry
aeroshell and the planned production and fielding of
the reentry vehicle;
(B) the required developmental and operational
testing capabilities and capacities, including such
capabilities and capacities of the reentry vehicle;
(C) the technology development and manufacturing
capabilities that may require use of authorities under
the Defense Production Act of 1950 (50 U.S.C. 4501 et
seq.); and
(D) the industrial base capabilities and
capacities, including the availability of sufficient
critical materials and staffing to ensure adequate
competition between entities developing the reentry
vehicle;
(2) provide estimated cost projections for the development
of the first operational reentry vehicle and the production of
subsequent reentry vehicles to meet the requirements of the
Navy and Air Force; and
(3) provide for the coordination with and account for the
needs of the development by the Department of Defense of
hypersonic systems using materials, staffing, and an industrial
base similar to that required for the development of reentry
vehicles described in subsection (a).
(c) Assessments.--
(1) Cost projections.--The Director of the Office of Cost
Assessment and Program Evaluation of the Department of Defense,
in coordination with the Director of the Office of Cost
Estimating and Program Evaluation of the National Nuclear
Security Administration, shall conduct an assessment of the
costs of the plan under subsection (a).
(2) Technology and manufacturing readiness.--Not later than
90 days after the date of the enactment of this Act, the Under
Secretary of Defense for Acquisition and Sustainment shall seek
to enter into an agreement with a federally funded research and
development center to conduct an assessment of the technology
and manufacturing readiness levels with respect to the plan
under subsection (a).
(d) Submission to Congress.--Not later than one year after the date
of the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall submit to the congressional defense
committees the plan under subsection (a) and the assessments under
subsection (c).
SEC. 1641. TREATMENT OF NUCLEAR MODERNIZATION AND HYPERSONIC MISSILE
PROGRAMS WITHIN DEFENSE PRIORITIES AND ALLOCATIONS
SYSTEM.
(a) Review and Briefing.--Not later than January 1, 2023, and
annually thereafter until January 1, 2028, the Secretary of Defense and
the Secretary of Energy shall jointly provide to the congressional
defense committees a briefing, with respect to each nuclear weapons
delivery system, missile warning system, hypersonic boost-glide missile
system program, and weapon program or nuclear security enterprise
infrastructure project of the National Nuclear Security Administration,
on--
(1) which such programs or projects have been reviewed or
considered for a determination of DX priority rating under part
700 of title 15, Code of Federal Regulations;
(2) which, if any, such programs or projects have been
assigned a DX priority rating, or have been determined to
require such rating and a timeline for assignment;
(3) any such programs or projects that have sought DX
rating but have been denied assignment, including a rationale
for denial;
(4) any such program or project which had previously
obtained a DX rating and the designation was unassigned; and
(5) other related matters the Secretaries determine
appropriate, including the potential impacts and risks to other
programs.
(b) Milestone Review Requirement.--With respect to any program or
project that the Secretary of Defense and the Secretary of Energy
identify under subsection (a)(1) as not having been reviewed or
considered for a determination of DX priority rating under part 700 of
title 15, Code of Federal Regulations, the respective Secretary shall--
(1) conduct an assessment regarding the need for such a DX
priority rating not less frequently than prior to the program
or project achieving Milestone A approval, Milestone B
approval, and Milestone C approval, or equivalent; and
(2) document such assessment within the acquisition
decision memorandum, or equivalent, for the program or project.
SEC. 1642. MATTERS RELATING TO NUCLEAR-CAPABLE SEA-LAUNCHED CRUISE
MISSILE.
(a) Report on Deterrence.--Not later than 270 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report that describes the
approach by the Department of Defense for deterring theater nuclear
employment by Russia, China, and North Korea, including--
(1) an assessment of the current and future theater nuclear
capabilities and doctrines of Russia, China, and North Korea;
(2) an explanation of the strategy and capabilities of the
United States for deterring theater nuclear employment; and
(3) a comparative assessment of options for strengthening
deterrence of theater nuclear employment, including pursuit of
the nuclear-capable sea-launched cruise missile and other
potential changes to the nuclear and conventional posture and
capabilities of the United States.
(b) Concept of Operations and Operational Implications.--
(1) Concept of operations.--Not later than 150 days after
the date of the enactment of this Act, the Vice Chairman of the
Joint Chiefs of Staff, in coordination with the Chief of Naval
Operations, the Under Secretary of Defense for Policy, the
Commander of the United States Strategic Command, the Commander
of the United States European Command, and the Commander of the
United States Indo-Pacific Command, shall develop and validate
a concept of operations for a nuclear-capable sea-launched
cruise missile that provides options for, at a minimum--
(A) regularly deploying the missile in relevant
operational theaters; and
(B) maintaining the missile in reserve and
deploying as needed to relevant operational theaters.
(2) Operational implications.--Not later than 270 days
after the date of the enactment of this Act, and based upon the
concept of operations developed pursuant to paragraph (1), the
Chief of Naval Operations, in coordination with the Vice
Chairman of the Joint Chiefs of Staff, the Commander of the
United States Strategic Command, the Commander of the United
States European Command, and the Commander of the United States
Indo-Pacific Command, shall submit to the congressional defense
committees a report that describes the operational implications
associated with deploying nuclear-capable sea-launched cruise
missiles on naval vessels, including--
(A) anticipated effects on the deterrence of
regional nuclear use by Russia, China, and North Korea
from such deployment;
(B) expected adjustments in the regional balances
of nuclear forces between the United States and Russia,
China, and North Korea respectively, based on the
anticipated effects under subparagraph (A);
(C) anticipated operational and deterrence
implications of allocating missile or torpedo tubes
from conventional munitions to nuclear munitions if
additional vessels beyond current planning are not
available;
(D) anticipated operational constraints and trade-
offs associated with reserving or limiting naval
vessels, if applicable, on account of nuclear mission
requirements;
(E) adjustments to posture and operationally
available capabilities that may be required if the Navy
is not provided with additional resources to support
tactical nuclear operations, including potential costs
and constraints relating to nuclear certification,
modifications to port infrastructure, personnel
training, and other factors; and
(F) any other issues identified by the Chief, Vice
Chairman, and Commanders.
(c) Report on Development.--Not later than 270 days after the date
of the enactment of this Act, the Administrator for Nuclear Security
shall submit to the congressional defense committees a report that
describes the cost and timeline of developing and producing a variation
of the W80-4 warhead for a nuclear-capable sea-launched cruise missile,
including--
(1) the cost of developing, producing, and sustaining the
warhead;
(2) the timeline for the design, production, and fielding
of the warhead; and
(3) an assessment of how the pursuit of a variant of the
W80-4 warhead may affect other planned warhead activities of
the National Nuclear Security Administration, including whether
there would be risk to the cost and schedule of other warhead
programs of the Administration if the Nuclear Weapons Council
added a nuclear-capable sea-launched cruise missile warhead to
the portfolio of such programs.
(d) Spend Plan.--Not later than 45 days after the date of the
enactment of this Act, the Secretary of the Navy and the Administrator
for Nuclear Security shall submit to the congressional defense
committees the anticipated spend plans for the research and development
of a nuclear-capable sea-launched cruise missile and the associated
warhead for the missile with respect to each of the following:
(1) The funds for such research and development
appropriated by the Consolidated Appropriations Act, 2022
(Public Law 117-103).
(2) The funds for such research and development authorized
to be appropriated by this Act.
(e) Consolidated Report.--The reports required by subsections (a)
and (b)(2) may be submitted in one consolidated report.
(f) Preferred Course of Action.--To inform the reports under this
section, not later than 30 days after the date of the enactment of this
Act, the Secretary of Defense shall identify one or more preferred
courses of action from among the actions identified in the analysis of
alternatives for a nuclear-capable sea-launched cruise missile.
(g) Limitation.--
(1) In general.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2023 for the Department of Defense or the National Nuclear
Security Administration may be obligated or expended for a
purpose specified in paragraph (2) until each of the reports
under this section and a detailed, unclassified summary of the
analysis of alternatives regarding the nuclear-capable sea-
launched cruise missile have been submitted to the
congressional defense committees.
(2) Funds specified.--The purposes specified in this
paragraph are the following:
(A) With respect to the Department of Defense,
system development and demonstration of a nuclear-
capable sea-launched cruise missile.
(B) With respect to the National Nuclear Security
Administration, development engineering for a modified,
altered, or new warhead for a sea-launched cruise
missile.
(h) Definitions.--In this section:
(1) The term ``development engineering'' means activities
under phase 3 of the joint nuclear weapons life cycle (as
defined in section 4220 of the Atomic Energy Defense Act (50
U.S.C. 2538b) or phase 6.3 of a nuclear weapons life extension
program.
(2) The term ``system development and demonstration'' means
the activities occurring in the phase after a program achieves
Milestone B approval (as defined in section 4172 of title 10,
United States Code).
Subtitle D--Missile Defense Programs
SEC. 1651. BIANNUAL BRIEFING ON MISSILE DEFENSE AND RELATED ACTIVITIES.
Chapter 23 of title 10, United States Code, is amended by inserting
after section 486 the following new section (and conforming the table
of sections at the beginning of such chapter accordingly):
``Sec. 487. Biannual briefing on missile defense and related activities
``(a) In General.--On or about June 1 and December 1 of each year,
the officials specified in subsection (b) shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on matters relating to missile defense
policies, operations, technology development, and other similar topics
as requested by such committees.
``(b) Officials Specified.--The officials specified in this
subsection are the following:
``(1) The Assistant Secretary of Defense for Acquisition.
``(2) The Assistant Secretary of Defense for Space Policy.
``(3) The Director of the Missile Defense Agency.
``(4) The Director for Strategy, Plans, and Policy of the
Joint Staff.
``(c) Delegation.--An official specified in subsection (b) may
delegate the authority to provide a briefing required by subsection (a)
to a member of the Senior Executive Service who reports to the
official.
``(d) Termination.--The requirement to provide a briefing under
subsection (a) shall terminate on January 1, 2028.''.
SEC. 1652. IMPROVEMENTS TO ACQUISITION ACCOUNTABILITY REPORTS ON THE
BALLISTIC MISSILE DEFENSE SYSTEM.
(a) Elements of Baselines.--Subsection (b) of section 225 of title
10, United States Code, is amended--
(1) in paragraph (1)(C), by striking ``and flight'' and
inserting ``, flight, and cybersecurity'';
(2) in paragraph (2), by striking subparagraph (C) and
inserting the following new subparagraph (C):
``(C) how the proposed capability satisfies a
capability requirement or performance attribute
identified through--
``(i) the missile defense warfighter
involvement process, as governed by United
States Strategic Command Instruction 538-03, or
such successor document; or
``(ii) processes and products approved by
the Joint Chiefs of Staff or Joint Requirements
Oversight Council;''; and
(3) in paragraph (3)--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) an explanation for why a program joint cost
analysis requirements description has not been prepared
and approved, and, if a program joint cost analysis
requirements description is not applicable, the
rationale for such inapplicability.''.
(b) Annual Reports on Acquisition Baselines.--Subsection (c) of
such section is amended--
(1) in paragraph (2)(B)(ii)--
(A) in subclause (I)--
(i) by striking ``initial'' and inserting
``original''; and
(ii) by striking ``; and'' and inserting a
semicolon;
(B) in subclause (II), by striking the period at
the ending and inserting ``; and''; and
(C) by adding at the end the following new
subclause:
``(III) the most recent adjusted or revised
acquisition baseline for such program element or major
subprogram under subsection (d).'';
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (3) the following new
paragraph:
``(3)(A) Each report under paragraph (1) shall include the total
system costs for each element described in subparagraph (B) that
comprises the missile defense system, without regard to funding source
or management control (such as the Missile Defense Agency, a military
department, or other element of the Department of Defense).
``(B) The elements described in this subparagraph shall include the
following:
``(i) Research and development.
``(ii) Procurement.
``(iii) Military construction.
``(iv) Operations and sustainment.
``(v) Disposal.''; and
(4) by inserting after paragraph (4) the following new
paragraph (5):
``(5) In this subsection:
``(A) The term `original acquisition baseline' means, with
respect to a program element or major subprogram, the first
acquisition baseline created for the program element or major
subprogram that has no previous iterations and has not been
adjusted or revised, including any adjustments or revisions
pursuant to subsection (d).
``(B) The term `total system costs' means, with respect to
each element that comprises the missile defense system--
``(i) all combined costs from closed, canceled, and
active acquisition baselines;
``(ii) any costs shifted to or a part of future
efforts without an established acquisition baseline;
and
``(iii) any costs under the responsibility of a
military department or other Department entity.''.
(c) Operations and Sustainment Cost Estimates.--Subsection (e) of
such section is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(3) the amount of operations and sustainment costs
(dollar value and base year) for which the military department
or other element of the Department of Defense is responsible;
and
``(4)(A) a citation to the source (such as a joint cost
estimate or one or more military department estimates) that
captures the operations and sustainment costs for which a
military department or other element of the Department of
Defense is responsible;
``(B) the date the source was prepared; and
``(C) if and when the source was independently verified by
the Office for Cost Assessment and Program Evaluation.''.
SEC. 1653. MAKING PERMANENT PROHIBITIONS RELATING TO MISSILE DEFENSE
INFORMATION AND SYSTEMS.
Section 130h of title 10, United States Code, is amended by
striking subsection (e).
SEC. 1654. NEXT GENERATION INTERCEPTORS FOR MISSILE DEFENSE OF UNITED
STATES HOMELAND.
(a) Modification to Congressional Notification of Cancellation.--
Section 1668(c) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``30 days prior to any'' and
inserting ``90 days prior to implementation of a''; and
(B) by striking ``Director'' and inserting
``Secretary of Defense''; and
(2) in paragraph (2), by striking ``Director'' and
inserting ``Secretary''.
(b) Funding Profile for Increased Deployment.--Not later than 180
days after the date of the enactment of this Act, the Director of the
Missile Defense Agency shall submit to the congressional defense
committees a report on the funding profile necessary, by fiscal year,
to acquire no fewer than 64 operational next generation interceptors
for the next generation interceptor program.
SEC. 1655. TERMINATION OF REQUIREMENT TO TRANSITION BALLISTIC MISSILE
DEFENSE PROGRAMS TO THE MILITARY DEPARTMENTS.
Section 1676(b) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 4205 note) is amended--
(1) in paragraph (1), by striking ``Not'' and inserting
``Except as provided by paragraph (4), not''; and
(2) by adding at the end the following new paragraph:
``(4) Termination of requirement.--The requirement in
paragraph (1) to transfer the authorities specified in such
paragraph shall terminate on the date that is 60 days after the
date on which the Secretary of Defense submits to the
congressional defense committees the report under section
1675(b) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 2117).''.
SEC. 1656. PERSISTENT CYBERSECURITY OPERATIONS FOR BALLISTIC MISSILE
DEFENSE SYSTEMS AND NETWORKS.
(a) Plan.--Not later than May 1, 2023, the Director of the Missile
Defense Agency and the Director of Operational Test and Evaluation, in
coordination with the Chairman of the Joint Chiefs of Staff, the
Commander of the United States Cyber Command, and other commanders of
combatant commands and functions of the Joint Staff as appropriate,
shall jointly develop a plan to allow for persistent cybersecurity
operations across all networks and information systems supporting the
missile defense system.
(b) Elements.--The plan under subsection (a) shall include the
following:
(1) An inventory of all networks and information systems
that support the missile defense system, including information
about which components or elements of the networks and
information systems are currently configured for persistent
cybersecurity operations.
(2) A strategy--
(A) for coordinating with the applicable combatant
commands on persistent cybersecurity operations; and
(B) in which the Director for Operational Test and
Evaluation monitors and reviews such operations and
provides independent assessments of the adequacy and
sufficiency of the operations.
(3) A plan for how the Director of the Missile Defense
Agency will respond to cybersecurity testing recommendations
made by the Director for Operational Test and Evaluation.
(4) The timeline required to execute the plan.
(c) Briefings.--The Director of the Missile Defense Agency and the
Director for Operational Test and Evaluation shall jointly provide to
the congressional defense committees a briefing--
(1) not later than May 15, 2023, on the plan developed
under subsection (a); and
(2) not later than December 30, 2023, on progress made
toward implementing such plan.
SEC. 1657. FIRE CONTROL ARCHITECTURES.
(a) Fire Control Quality Data Requirement.--In carrying out the
analysis of candidate fire control architectures, the Secretary of the
Air Force shall ensure that the Director of the Space Warfighting
Analysis Center of the Space Force, at a minimum, maintains the
requirements needed for the missile defense command and control, battle
management, and communications system to pass the needed quality data
within the timelines needed for current and planned interceptor systems
to support engagements of ballistic and hypersonic threats as described
in section 1645 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat.
4062).
(b) Briefing.--Not later than 14 days after the date on which the
Director of the Space Warfighting Analysis Center concludes the
analysis of candidate fire control architectures, the Director shall
provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the results of the
analysis, including the findings of the Director and the architecture
recommended by the Director for a future fire control architecture to
support engagement of ballistic and hypersonic threats.
SEC. 1658. MIDDLE EAST INTEGRATED AIR AND MISSILE DEFENSE.
(a) In General.--The Secretary of Defense, in consultation with the
Secretary of State and the Director of the Defense Intelligence Agency,
shall seek to cooperate with allies and partners in the Middle East
with respect to implementing an integrated air and missile defense
architecture to protect the people, infrastructure, and territory of
such countries from cruise and ballistic missiles, manned and unmanned
aerial systems, and rocket attacks from Iran and groups linked to Iran.
(b) Strategy.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary, in consultation with
the Secretary of State, shall submit to the appropriate
congressional committees a strategy on cooperation with allies
and partners in the area of responsibility of the United States
Central Command to implement a multinational integrated air and
missile defense architecture to protect the people,
infrastructure, and territory of such countries from cruise and
ballistic missiles, manned and unmanned aerial systems, and
rocket attacks from Iran and groups linked to Iran.
(2) Contents.--The strategy submitted 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 current efforts to coordinate
indicators and warnings from such attacks with allies
and partners within such area of responsibility.
(C) An analysis of current integrated air and
missile defense systems to defend against attacks, in
coordination with allies and partners within such area
of responsibility.
(D) An explanation of how a multinational
integrated air and missile defense architecture would
improve collective security in such area of
responsibility.
(E) A description of efforts to engage specified
foreign partners in establishing such an architecture.
(F) 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.
(G) An identification of any challenges in
establishing a multinational integrated air and missile
defense architecture with specified foreign partners,
including assessments of the capacity and capability of
specified foreign partners and their ability to
independently operate key technical components of such
an architecture, including radars and interceptor
systems.
(H) A description of relevant consultation with the
Secretary of State and the ways in which such an
architecture advances United States regional diplomatic
goals and objectives.
(I) Recommendations for addressing the challenges
identified in subparagraph (G) so that the strategy can
be implemented effectively.
(J) 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 strategy submitted under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(3) The Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
SEC. 1659. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND ISRAELI
COOPERATIVE MISSILE DEFENSE PROGRAM CO-DEVELOPMENT AND
CO-PRODUCTION.
(a) Iron Dome Short-range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized to be
appropriated by this Act for fiscal year 2023 for procurement,
Defense-wide, and available for the Missile Defense Agency, not
more than $80,000,000 may be provided to the Government of
Israel to procure components for the Iron Dome short-range
rocket defense system through co-production of such components
in the United States by industry of the United States.
(2) Conditions.--
(A) Agreement.--Funds described in paragraph (1)
for the Iron Dome short-range rocket defense program
shall be available subject to the terms and conditions
in the Agreement Between the Department of Defense of
the United States of America and the Ministry of
Defense of the State of Israel Concerning Iron Dome
Defense System Procurement, signed on March 5, 2014, as
amended to include co-production for Tamir
interceptors.
(B) Certification.--Not later than 30 days prior to
the initial obligation of funds described in paragraph
(1), the Under Secretary of Defense for Acquisition and
Sustainment shall submit to the appropriate
congressional committees--
(i) a certification that the amended
bilateral international agreement specified in
subparagraph (A) is being implemented as
provided in such agreement;
(ii) an assessment detailing any risks
relating to the implementation of such
agreement; and
(iii) for system improvements resulting in
modified Iron Dome components and Tamir
interceptor sub-components, a certification
that the Government of Israel has demonstrated
successful completion of Production Readiness
Reviews, including the validation of production
lines, the verification of component
conformance, and the verification of
performance to specification as defined in the
Iron Dome Defense System Procurement Agreement,
as further amended.
(b) Israeli Cooperative Missile Defense Program, David's Sling
Weapon System Co-production.--
(1) In general.--Subject to paragraph (3), of the funds
authorized to be appropriated for fiscal year 2023 for
procurement, Defense-wide, and available for the Missile
Defense Agency not more than $40,000,000 may be provided to the
Government of Israel to procure the David's Sling Weapon
System, including for co-production of parts and components in
the United States by United States industry.
(2) Agreement.--Provision of funds specified in paragraph
(1) shall be subject to the terms and conditions in the
bilateral co-production agreement, including--
(A) a one-for-one cash match is made by Israel or
in another matching amount that otherwise meets best
efforts (as mutually agreed to by the United States and
Israel); and
(B) co-production of parts, components, and all-up
rounds (if appropriate) in the United States by United
States industry for the David's Sling Weapon System is
not less than 50 percent.
(3) Certification and assessment.--The Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
appropriate congressional committees--
(A) a certification that the Government of Israel
has demonstrated the successful completion of the
knowledge points, technical milestones, and Production
Readiness Reviews required by the research,
development, and technology agreement and the bilateral
co-production agreement for the David's Sling Weapon
System; and
(B) an assessment detailing any risks relating to
the implementation of such agreement.
(c) Israeli Cooperative Missile Defense Program, Arrow 3 Upper Tier
Interceptor Program Co-production.--
(1) In general.--Subject to paragraph (2), of the funds
authorized to be appropriated for fiscal year 2023 for
procurement, Defense-wide, and available for the Missile
Defense Agency not more than $80,000,000 may be provided to the
Government of Israel for the Arrow 3 Upper Tier Interceptor
Program, including for co-production of parts and components in
the United States by United States industry.
(2) Certification.--The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the appropriate
congressional committees a certification that--
(A) the Government of Israel has demonstrated the
successful completion of the knowledge points,
technical milestones, and Production Readiness Reviews
required by the research, development, and technology
agreement for the Arrow 3 Upper Tier Interceptor
Program;
(B) funds specified in paragraph (1) will be
provided on the basis of a one-for-one cash match made
by Israel or in another matching amount that otherwise
meets best efforts (as mutually agreed to by the United
States and Israel);
(C) the United States has entered into a bilateral
international agreement with Israel that establishes,
with respect to the use of such funds--
(i) in accordance with subparagraph (D),
the terms of co-production of parts and
components on the basis of the greatest
practicable co-production of parts, components,
and all-up rounds (if appropriate) by United
States industry and minimizes nonrecurring
engineering and facilitization expenses to the
costs needed for co-production;
(ii) complete transparency on the
requirement of Israel for the number of
interceptors and batteries that will be
procured, including with respect to the
procurement plans, acquisition strategy, and
funding profiles of Israel;
(iii) technical milestones for co-
production of parts and components and
procurement;
(iv) a joint affordability working group to
consider cost reduction initiatives; and
(v) joint approval processes for third-
party sales; and
(D) the level of co-production described in
subparagraph (C)(i) for the Arrow 3 Upper Tier
Interceptor Program is not less than 50 percent.
(d) Number.--In carrying out paragraph (2) of subsection (b) and
paragraph (2) of subsection (c), the Under Secretary may submit--
(1) one certification covering both the David's Sling
Weapon System and the Arrow 3 Upper Tier Interceptor Program;
or
(2) separate certifications for each respective system.
(e) Timing.--The Under Secretary shall submit to the congressional
defense committees the certification and assessment under subsection
(b)(3) and the certification under subsection (c)(2) no later than 30
days before the funds specified in paragraph (1) of subsections (b) and
(c) for the respective system covered by the certification are provided
to the Government of Israel.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1660. INTEGRATED AIR AND MISSILE DEFENSE ARCHITECTURE FOR DEFENSE
OF GUAM.
(a) Review of Integrated Air and Missile Defense Architecture to
Defend Guam.--
(1) Requirement.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Defense shall seek to
enter into a contract with a federally funded research and
development center to conduct an independent assessment of the
integrated air and missile defense architecture to defend Guam.
(2) Elements.--The assessment under paragraph (1) shall
include an analysis of each of the following:
(A) The proposed architecture capability to address
non-ballistic and ballistic missile threats to Guam,
including the sensor, command and control, and
interceptor systems being proposed.
(B) The development and integration risk of the
proposed architecture.
(C) The manning required to operate the proposed
architecture, including the availability of housing and
infrastructure on Guam to support the needed manning
levels.
(3) Submission.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees the assessment under paragraph
(1), without change.
(b) Designation of Official Responsible for Missile Defense of
Guam.--
(1) Designation.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
designate a senior official of the Department of Defense who
shall be responsible for the missile defense of Guam during the
period preceding the date specified in paragraph (5).
(2) Duties.--The duties of the official designated under
paragraph (1) shall include the following:
(A) Designing the architecture of the missile
defense system for defending Guam.
(B) Overseeing development of an integrated missile
defense acquisition strategy for the missile defense of
Guam.
(C) Ensuring the military department and Defense
Agency budgets are appropriate for the strategy
described in subparagraph (B).
(D) Siting the integrated missile defense system
described in subparagraph (B).
(E) Overseeing long-term acquisition and
sustainment of the missile defense system for Guam.
(F) Such other duties as the Secretary determines
appropriate.
(3) Program treatment.--The integrated missile defense
system referred to in paragraph (2) shall be designated as
special interest acquisition category 1D program and shall be
managed as consistent with Department of Defense Instruction
5000.85 ``Major Capability Acquisition''.
(4) Report.--Concurrent with the submission of each budget
of the President under section 1105(a) of title 31, United
States Code, during the period preceding the date specified in
paragraph (5), the official designated under paragraph (1)
shall submit to the congressional defense committees a report
on the actions taken by the official to carry out the duties
set forth under paragraph (2).
(5) Termination.--The authority of this subsection shall
terminate on the date that is three years after the date on
which the official designated under paragraph (1) determines
that the integrated missile defense system described in
paragraph (2) has achieved initial operational capability.
(c) Procurement.--
(1) Requirement.--Except as provided by paragraph (2), not
later than December 31, 2023, the Secretary of Defense, acting
through the Director of the Missile Defense Agency, shall
rapidly procure and field up to three vertical launching
systems that can accommodate planned interceptors operated by
the Navy (that do not require major modification or integration
into the existing missile defense system), as of the date of
enactment of this Act.
(2) Waiver.--The Secretary may waive the requirement under
paragraph (1) if--
(A) the Secretary determines that the waiver is in
the best interest of the national security of the
United States;
(B) the Secretary submits to the congressional
defense committees a notification of such waiver,
including a justification; and
(C) a period of 120 days has elapsed following the
date of such notification.
SEC. 1661. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL SUBMISSION
OF REPORT ON IMPLEMENTATION OF THE CRUISE MISSILE DEFENSE
ARCHITECTURE FOR THE HOMELAND.
(a) Finding.--Congress finds that the Deputy Secretary of Defense
made the determination that the Department of the Air Force has
acquisition authority with respect to the capability to defend the
homeland from cruise missiles, as required by section 1684(e) of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 10 U.S.C. 4205 note).
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Air Force, in coordination
with the Commander of the United States Northern Command, shall submit
to the congressional defense committees a report on the implementation
of the cruise missile defense architecture for the homeland,
including--
(1) the architecture planned to meet the requirements of
the United States Northern Command and the North American
Aerospace Defense Command, including a schedule for
capabilities being developed and deployed;
(2) a list of all programs of record of the Air Force that
contribute to such architecture; and
(3) funding profile by year across the most recent future-
years defense program submitted to Congress under section 221
of title 10, United States Code, to develop, deploy, operate,
and sustain such architecture.
(c) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2023 for the Department
of the Air Force for travel by the Secretary of the Air Force, not more
than 95 percent may be obligated or expended until the date on which
the Secretary of the Air Force submits the report under subsection (b).
SEC. 1662. STRATEGY TO USE ASYMMETRIC CAPABILITIES TO DEFEAT HYPERSONIC
MISSILE THREATS.
(a) Requirement.--Not later than March 1, 2023, the Secretary of
Defense, acting through the Director of the Missile Defense Agency,
shall submit to the congressional defense committees a comprehensive
layered strategy to use asymmetric capabilities to defeat hypersonic
missile threats.
(b) Elements.--The strategy under subsection (a) shall--
(1) address all asymmetric capabilities of the United
States, including with respect to--
(A) directed energy, as described in section 1664
of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 10 U.S.C. 205 note) and
including short-pulse laser technology;
(B) microwave systems;
(C) cyber capabilities; and
(D) any other capabilities determined appropriate
by the Secretary and Director; and
(2) identify the funding required to implement the strategy
during the period covered by the future-years defense program
submitted to Congress under section 221 of title 10, United
States Code, in 2023.
SEC. 1663. PLAN ON DELIVERING SHARED EARLY WARNING SYSTEM DATA TO
CERTAIN ALLIES AND PARTNERS OF THE UNITED STATES.
(a) Plan.--The Secretary of Defense, with the concurrence of the
Secretary of State and the Director of National Intelligence, shall
develop a technical fielding plan to deliver information under the
Shared Early Warning System regarding a current or imminent missile
threat to allies and partners of the United States that, as of the date
of the plan, do not receive such information.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report on how rapid technical
fielding of the Shared Early Warning System could be provided to allies
and partners of the United States that--
(1) are not member states of the North Atlantic Treaty
Organization; and
(2) are under current or imminent hostile aggression and
threat of missile attack.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(3) The Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
SEC. 1664. REPORTS ON GROUND-BASED INTERCEPTORS.
Not later than 30 days after the date of the enactment of this Act,
and on a quarterly basis thereafter until the date on which the next
generation interceptor achieves initial operating capability, the
Director of the Missile Defense Agency, with the concurrence of the
Commander of the United States Northern Command, shall submit to the
congressional defense committees a report that includes the following:
(1) An identification of the number of ground-based
interceptors operationally available to the Commander.
(2) If such number is different from the report previously
submitted under this section, the reasons for such difference.
(3) Any anticipated changes to such number during the
period covered by the report.
SEC. 1665. REPORT ON MISSILE DEFENSE INTERCEPTOR SITE IN CONTIGUOUS
UNITED STATES.
Not later than March 31, 2023, the Secretary of Defense, acting
through the Director of the Missile Defense Agency and in coordination
with the Commander of the United States Northern Command, shall submit
to the congressional defense committees a report containing--
(1) an updated assessment of the requirement for a missile
defense interceptor site in the contiguous United States; and
(2) a funding profile, by year, of the total costs for the
development and construction of such site, considering the
designation of Fort Drum, New York, as the conditionally
designated preferred site.
Subtitle E--Other Matters
SEC. 1671. COOPERATIVE THREAT REDUCTION FUNDS.
(a) Funding Allocation.--Of the $354,394,000 authorized to be
appropriated to the Department of Defense for fiscal year 2023 in
section 301 and made available by the funding table in division D for
the Department of Defense Cooperative Threat Reduction Program
established under section 1321 of the Department of Defense Cooperative
Threat Reduction Act (50 U.S.C. 3711), the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination, $6,859,000.
(2) For chemical security and elimination, $14,998,000.
(3) For global nuclear security, $18,088,000.
(4) For biological threat reduction, $225,000,000.
(5) For proliferation prevention, $45,890,000.
(6) For activities designated as Other Assessments/
Administration Costs, $30,763,000.
(b) Specification of Cooperative Threat Reduction Funds.--Funds
appropriated pursuant to the authorization of appropriations in section
301 and made available by the funding table in division D for the
Department of Defense Cooperative Threat Reduction Program shall be
available for obligation for fiscal years 2023, 2024, and 2025.
SEC. 1672. DEPARTMENT OF DEFENSE SUPPORT FOR REQUIREMENTS OF THE WHITE
HOUSE MILITARY OFFICE.
(a) Membership on Council on Oversight of the National Leadership
Command, Control, and Communications System.--Section 171a(b) of title
10, United States Code, is amended by--
(1) redesignating paragraph (7) as paragraph (8); and
(2) inserting after paragraph (6) the following new
paragraph (7):
``(7) The Director of the White House Military Office.''.
(b) Portfolio Manager.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition and Sustainment, shall
designate a senior official to coordinate and advocate for the
portfolio of national level programs of the Department of Defense that
are either or both--
(1) in direct support of requirements from the White House
Military Office; or
(2) operationally relevant to the mission areas of the
White House Military Office.
(c) Accessibility of Information.--The programmatic and budgetary
information required to assess the efficacy of the national level
programs covered by subsection (b) shall be provided to the senior
official designated under such subsection by the following officials:
(1) The Secretary of each military department.
(2) The Under Secretary of Defense for Policy.
(3) The Under Secretary of Defense for Research and
Engineering.
(4) The Chairman of the Joint Chiefs of Staff.
(5) The Director of Cost Assessment and Program Evaluation.
(d) Annual Briefing.--Not later than 30 days after the date on
which the President submits to Congress a budget for each of fiscal
years 2024 through 2027 pursuant to section 1105(a) of title 31, United
States Code, the Under Secretary of Defense for Acquisition and
Sustainment, acting through the senior official designated under
subsection (b), and the personnel of the White House Military Office
that the Director of the White House Military Office determines
appropriate shall jointly provide to the congressional defense
committees a briefing on acquisition programs, plans, and other
activities supporting the requirements of the White House Military
Office.
SEC. 1673. UNIDENTIFIED ANOMALOUS PHENOMENA REPORTING PROCEDURES.
(a) Mechanism for Authorized Reporting.--
(1) Establishment.--The Secretary of Defense, acting
through the head of the Office and in consultation with the
Director of National Intelligence, shall establish a secure
mechanism for authorized reporting of--
(A) any event relating to unidentified anomalous
phenomena; and
(B) any activity or program by a department or
agency of the Federal Government or a contractor of
such a department or agency relating to unidentified
anomalous phenomena, including with respect to material
retrieval, material analysis, reverse engineering,
research and development, detection and tracking,
developmental or operational testing, and security
protections and enforcement.
(2) Protection of systems, programs, and activity.--The
Secretary shall ensure that the mechanism for authorized
reporting established under paragraph (1) prevents the
unauthorized public reporting or compromise of classified
military and intelligence systems, programs, and related
activity, including all categories and levels of special access
and compartmented access programs.
(3) Administration.--The Secretary shall ensure that the
mechanism for authorized reporting established under paragraph
(1) is administered by designated and appropriately cleared
employees of the Department of Defense or elements of the
intelligence community or contractors of the Department or such
elements assigned to the Office.
(4) Sharing of information.--
(A) Prompt sharing within office.--The Secretary
shall ensure that the mechanism for authorized
reporting established under paragraph (1) provides for
the sharing of an authorized disclosure to personnel
and supporting analysts and scientists of the Office
(regardless of the classification of information
contained in the disclosure or any nondisclosure
agreements), unless the employees or contractors
administering the mechanism under paragraph (3)
conclude that the preponderance of information
available regarding the disclosure indicates that the
observed object and associated events and activities
likely relate to a special access program or
compartmented access program that, as of the date of
the disclosure, has been explicitly and clearly
reported to the congressional defense committees or the
congressional intelligence committees, and is
documented as meeting those criteria.
(B) Congressional notification.--Not later than 72
hours after determining that an authorized disclosure
relates to a restricted access activity, a special
access program, or a compartmented access program that
has not been explicitly and clearly reported to the
congressional defense committees or the congressional
intelligence committees, the Secretary shall report
such disclosure to such committees and the
congressional leadership.
(5) Initial report and publication.--Not later than 180
days after the date of the enactment of this Act, the
Secretary, acting through the head of the Office and in
consultation with the Director of National Intelligence,
shall--
(A) submit to the congressional defense committees,
the congressional intelligence committees, and the
congressional leadership a report detailing the
mechanism for authorized reporting established under
paragraph (1); and
(B) issue clear public guidance for how to securely
access the mechanism for authorized reporting.
(b) Protection for Individuals Making Authorized Disclosures.--
(1) Authorized disclosures.--An authorized disclosure--
(A) shall not be subject to a nondisclosure
agreement entered into by the individual who makes the
disclosure;
(B) shall be deemed to comply with any regulation
or order issued under the authority of Executive Order
13526 (50 U.S.C. 3161 note; relating to classified
national security information) or chapter 18 of the
Atomic Energy Act of 1954 (42 U.S.C. 2271 et seq.); and
(C) is not a violation of section 798 of title 18,
United States Code, or other provision of law relating
to the disclosure of information.
(2) Prohibition on reprisals.--
(A) Protection.--An employee of a department or
agency of the Federal Government, or of a contractor,
subcontractor, grantee, subgrantee, or personal
services contractor of such a department or agency, who
has authority to take, direct others to take,
recommend, or approve any personnel action, shall not,
with respect to such authority, take or fail to take,
or threaten to take or fail to take, a personnel
action, including the revocation or suspension of
security clearances, or termination of employment, with
respect to any individual as a reprisal for any
authorized disclosure.
(B) Procedures.--The Secretary of Defense and the
Director of National Intelligence shall establish
procedures for the enforcement of subparagraph (A)
consistent with, as appropriate, section 1034 of title
10, United States Code, section 1104 of the National
Security Act of 1947 (50 U.S.C. 3234), or other similar
provisions of law regarding prohibited personnel
actions.
(3) Nondisclosure agreements.--
(A) Identification.--The Secretary of Defense, the
Director of National Intelligence, the Secretary of
Homeland Security, the heads of such other departments
and agencies of the Federal Government that have
supported investigations of the types of events covered
by subparagraph (A) of subsection (a)(1) and activities
and programs described in subparagraph (B) of such
subsection, and contractors of the Federal Government
that have supported or are supporting such activities
and programs, shall conduct comprehensive searches of
all records relating to nondisclosure orders relating
to the types of events described in subsection (a) and
provide copies of such orders, agreements, or
obligations to the Office.
(B) Submission to congress.--The head of the Office
shall--
(i) make the records compiled under
subparagraph (A) accessible to the
congressional defense committees, the
congressional intelligence committees, and the
congressional leadership; and
(ii) not later than September 30, 2023, and
at least once each fiscal year thereafter
through fiscal year 2026, provide to such
committees and congressional leadership
briefings and reports on such records.
(c) Annual Reports.--Section 1683 of the National Defense
Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373) is amended--
(1) by striking ``aerial'' each place it appears and
inserting ``anomalous'';
(2) in subsection (h)--
(A) in paragraph (1), by inserting ``and the
congressional leadership'' after ``appropriate
congressional committees''; and
(B) in paragraph (2), by adding at the end the
following new subparagraph:
``(Q) A summary of the reports received using the
mechanism for authorized reporting established under
section 1673 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023.''; and
(3) in subsection (l)--
(A) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively; and
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2) The term `congressional leadership' means--
``(A) the majority leader of the Senate;
``(B) the minority leader of the Senate;
``(C) the Speaker of the House of Representatives;
and
``(D) the minority leader of the House of
Representatives.''.
(d) Definitions.--In this section:
(1) The term ``authorized disclosure'' means a report of
any information through, and in compliance with, the mechanism
for authorized reporting established pursuant to subsection
(a)(1).
(2) The term ``congressional intelligence committees'' has
the meaning given such term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
(3) The term ``congressional leadership'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives;
and
(D) the minority leader of the House of
Representatives.
(4) The term ``intelligence community'' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(5) The term ``nondisclosure agreement'' means any written
or oral nondisclosure agreement, order, or other
instrumentality or means entered into by an individual that
could be interpreted as a legal constraint on the individual
making an authorized disclosure.
(6) The term ``Office'' means the All-domain Anomaly
Resolution Office established pursuant to section 1683(a) of
the National Defense Authorization Act for Fiscal Year 2022 (50
U.S.C. 3373(a)).
(7) The term ``personnel action'' has the meaning given
such term in section 1104(a) of the National Security Act of
1947 (50 U.S.C. 3234(a)).
(8) The term ``unidentified anomalous phenomena'' has the
meaning given such term in section 1683(n) of the National
Defense Authorization Act for Fiscal Year 2022 (50 U.S.C.
3373(l)).
SEC. 1674. STUDY OF WEAPONS PROGRAMS THAT ALLOW ARMED FORCES TO ADDRESS
HARD AND DEEPLY BURIED TARGETS.
(a) Study.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense, in coordination with the
Chairman of the Joint Chiefs of Staff, the Commander of the United
States Strategic Command, and the Administrator for Nuclear Security,
and in consultation with the Director of National Intelligence, shall
submit to the congressional defense committees a study on options to
hold at risk hard and deeply buried targets.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) An analysis of the current and emerging hard and deeply
buried target mission set and associated military requirements,
including--
(A) the number and locations of the targets,
including facilities designed for the storage or
manufacture of nuclear, chemical, or biological weapons
and the precursors of such weapons;
(B) an identification of likely future trajectories
in the worldwide use and proliferation of hard and
deeply buried targets;
(C) the associated military requirements, including
the importance of effectively holding hard and deeply
buried targets at risk in order to meet the national
security objectives of the United States; and
(D) an evaluation of the sufficiency of current and
planned nuclear and nonnuclear military capabilities to
satisfy such requirements.
(2) An evaluation of weapons programs that would allow the
Armed Forces to effectively hold hard and deeply buried targets
at risk, including--
(A) any nuclear or nonnuclear weapon and delivery
system the Secretary determines appropriate, including
the cost, timeline for fielding, and likely
effectiveness of any capability under consideration;
and
(B) an assessment of a service life extension or
modification program of the B83 nuclear gravity bomb as
one of the options.
(3) A proposed strategy for fielding such capabilities in
sufficient quantities and making other adjustments to the
strategy and plans of the United States to account for the
growing hard and deeply buried target set, including--
(A) the resources, research and development
efforts, and capability options needed; and
(B) a five-year funding profile for, at a minimum--
(i) a preferred capability; and
(ii) an alternative capability evaluated
under paragraph (2) that meets the requirements
under paragraph (1).
(c) Form.--The study under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(d) Briefing.--Not later than 30 days after the date on which the
Secretary completes the study under subsection (a), the Secretary shall
provide the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the findings and
recommendations of the study.
(e) Limitation on Use of Funds.--Except as provided by subsection
(f), none of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for the Department of
Defense or the Department of Energy for the deactivation,
dismantlement, or retirement of the B83-1 nuclear gravity bomb may be
obligated or expended to deactivate, dismantle, or retire more than 25
percent of the B83-1 nuclear gravity bombs that were in the active
stockpile as of September 30, 2022, until 90 days after the Secretary
submits to the Committees on Armed Services of the Senate and the House
of Representatives the study under subsection (a).
(f) Exception.--The limitation on the use of funds under subsection
(e) shall not apply to the deactivation, dismantling, or retirement of
B83-1 nuclear gravity bombs for the purpose of supporting safety and
surveillance, sustainment, life extension, or modification programs for
the B83-1 or other weapons currently in, or planned to become part of,
the nuclear weapons stockpile of the United States.
TITLE XVII--MUNITIONS REPLENISHMENT AND FUTURE PROCUREMENT
TITLE XVII--MUNITIONS REPLENISHMENT AND FUTURE PROCUREMENT
Sec. 1701. Annual report on industrial base constraints for munitions.
Sec. 1702. Modification to Special Defense Acquisition Fund.
Sec. 1703. Quarterly briefings on replenishment and revitalization of
weapons provided to Ukraine.
Sec. 1704. Assessment of requirements and acquisition objectives for
Patriot air and missile defense battalions.
Sec. 1705. Independent assessment of department of defense capability
and capacity needs for munitions production
and stockpiling.
SEC. 1701. ANNUAL REPORT ON INDUSTRIAL BASE CONSTRAINTS FOR MUNITIONS.
(a) Briefing on Fulfillment of Munitions Requirements.--Not later
than 30 days after the date of the enactment of this Act, the Secretary
of Defense and the Chairman of the Joint Chiefs of Staff shall provide
to the congressional defense committees a briefing regarding the
current process for fulfilling the requirements of section 222c of
title 10, United States Code, including a description of the timeliness
of the process and any standardization of such process across the
Department of Defense.
(b) Briefing on Revision of Requirements.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of Defense
and the Chairman of the Joint Chiefs of Staff shall provide to the
congressional defense committees a briefing regarding the timeline for
revision of munitions requirements generated by section 222c of title
10, United States Code as a result of actions taken in response to the
conflict in Ukraine.
(c) Additional Report Requirements on Out-Year Unconstrained Total
Munitions Requirements and Out-Year Inventory Numbers.--Section 222c of
title 10, United States Code, is amended--
(1) in subsection (c), by adding at the end the following
new paragraph:
``(8) Requirement for Protracted Warfare Scenarios,
calculated by doubling the duration of each applicable
operation plan.'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new
subsection:
``(e) Additional Requirements.--Each report required under
subsection (a) shall include the following:
``(1) The number of years required to meet the Out-Year
Unconstrained Total Munitions Requirement at the rate requested
for the fiscal year covered by the report.
``(2) The average rate of procurement during the three-year
period preceding the date of the submission of the report, and
the number of years required to meet the Out-Year Unconstrained
Total Munitions Requirement at such three-year average rate.
``(3) The additional amount of funding that would be
required, for each fiscal year, to meet the Out-Year
Unconstrained Total Munitions Requirement for each munition by
the end of the period covered by the most recent future-years
defense program submitted to Congress pursuant to section 221
of this title.''.
(d) Annual Report on Industrial Base Constraints for Munitions.--
(1) In general.--Chapter 9 of title 10, United States Code,
is amended by inserting after section 222c the following new
section:
``Sec. 222d. Annual report on industrial base constraints for munitions
``(a) In General.--Not later than 30 days after the submission of
all reports required under section 222c(a) of this title, the Under
Secretary of Defense for Acquisition and Sustainment, in coordination
with the service acquisition executive of each military department,
shall submit to the congressional defense committees a report detailing
the industrial base constraints for each munition identified in the
Out-Year Unconstrained Total Munitions Requirement.
``(b) Elements.--The report required under subsection (a) shall
include the following elements, broken down by munition:
``(1) Programmed purchase quantities per year.
``(2) Average procurement unit cost per year.
``(3) Contract type.
``(4) Current minimum sustaining rate of production per
month and year.
``(5) Current maximum rate of production per month and
year.
``(6) Expected date to meet the Out-Year Unconstrained
Total Munitions Requirement in section 222c of this title under
the programmed purchase quantities established for the period
covered by the report.
``(7) A description of industrial base constraints on
increased production of each munition, including any supply
chain weaknesses.
``(8) A description of investments or policy changes made
by a defense contractor or by the United States Government to
increase production, enable more efficient production, or
mitigate significant loss of stability in potential production.
``(9) A description of potential investments or policy
changes identified by a defense contractor or the United States
Government to increase munitions production, enable more
efficient production, or mitigate significant loss of stability
in potential production, including--
``(A) direct investments in test and tooling
equipment, workforce development, or improvements to
existing production facilities;
``(B) a pool of rotable critical components or
subcomponents for munitions;
``(C) multiyear contracts or other contracting
strategies;
``(D) direct investments in components,
subcomponents, or raw materials commonly used across
the industrial base;
``(E) direct investments in additive manufacturing
or expeditionary manufacturing capabilities;
``(F) direct investments in simplification of
supply chains; and
``(G) direct investments in technologies or methods
to enable increased scalability and reduced complexity
of production processes for current or future
munitions.
``(10) A list of each contract for a munition with a
priority rating of `critical to national defense' (commonly
referred to as a `DO-rated order') or a priority rating of
`highest national defense urgency' (commonly referred to as a
`DX-rated order') in the Defense Priorities and Allocation
System pursuant to part 700 of title 15, Code of Federal
Regulations (or any successor regulation).
``(11) A prioritized list of munitions judged to have high
value for export for which additional investments would be
necessary to enable export, including a description of such
investments required.
``(12) A list of munitions subject to the requirements of
chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et
seq.) relating to foreign military sales that are anticipated
to be exported based on developments in the conflict in
Ukraine.
``(c) Munition Defined.--In this section, the term `munition' has
the meaning given by the Under Secretary of Defense for Acquisition.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 9 of title 10, United States Code, is
amended by inserting after the item relating to section 222c
the following new item:
``222d. Annual report on industrial base constraints for munitions.''.
SEC. 1702. MODIFICATION TO SPECIAL DEFENSE ACQUISITION FUND.
Section 114(c)(1) of title 10, United States Code, is amended by
striking ``$2,500,000,000'' and inserting ``$3,500,000,000''.
SEC. 1703. QUARTERLY BRIEFINGS ON REPLENISHMENT AND REVITALIZATION OF
WEAPONS PROVIDED TO UKRAINE.
(a) Briefings on Covered Systems.--The Secretary of Defense shall
provide to the congressional defense committees quarterly briefings on
the progress of the Department of Defense toward--
(1) replenishing the inventory of covered systems;
(2) expanding the production capacity of covered systems;
and
(3) increasing the resilience of the production capacity of
covered systems.
(b) Grouping of Covered Systems.--For each briefing required under
subsection (a), the Secretary of Defense may group covered systems
together based on the relevant capabilities of such covered systems.
(c) Elements.--Each briefing required under subsection (a) shall
include, with respect to the period covered by such briefing, the
following:
(1) A description of any reprogramming carried out in
accordance with established procedures for each covered system,
with appropriate notation for--
(A) the number of the replenishment tranche; and
(B) a determination of whether each such
reprogramming--
(i) replaces covered systems;
(ii) expands production capacity of covered
systems; or
(iii) increases the resilience of the
production capacity of covered systems.
(2) A description of obligations applied to each covered
system and expected timeline for future obligations.
(3) A description of current and future production capacity
for each covered system, broken down by month and calendar
year.
(4) A description of expected delivery of covered systems
to the Department of Defense.
(5) To the extent practicable, with respect to the total
number of covered systems provided during the period covered by
the briefing, an estimate for the timing of the delivery of at
least 50 percent of the replenishment articles for a covered
system and the delivery of 100 percent of such replenishment
articles, compared to the number of covered systems provided.
(6) A description of overall actual and expected obligation
rates for all reprogrammings applied to covered systems.
(7) A description of any other investments made that
significantly affect the replenishment timeline or production
capacity of the covered systems.
(8) A description of remaining industrial base risks or
opportunities for increased competition for each covered system
and detailed options to mitigate such risks or expand
competition, including any changes necessary to authorities to
enable risk reduction or expanded competition.
(9) To the extent practicable, a comparison of the expected
inventory of covered systems over the next 5 years compared to
the requirements set forth under section 222c of title 10,
United States Code.
(d) Briefings on Stocks of Allies and Partners.--The Secretary of
Defense shall provide to the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate quarterly briefings that
include the following:
(1) A timeline and budgetary estimate for developing and
procuring replacement stocks of covered systems for allies and
partner countries of the United States.
(2) An update on the efforts of the Department to work with
such allies and partner countries to advance the replenishment
of munitions stocks for such allies and partners that have
provided, or are contemplating providing, such stocks to
Ukraine.
(e) Termination.--This section and the requirements of this section
shall terminate on December 31, 2026.
(f) Covered System Defined.--In this section, the term ``covered
system'' means any system provided to the Government of Ukraine
pursuant to any of the following:
(1) Section 506 of the Foreign Assistance Act of 1961 (22
U.S.C. 2318).
(2) Section 614 of the Foreign Assistance Act of 1961 (22
U.S.C. 2364).
(3) The Ukraine Security Assistance Initiative established
under section 1250 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068),
including as amended by this Act, if such system was provided
to Ukraine after February 24, 2022.
SEC. 1704. ASSESSMENT OF REQUIREMENTS AND ACQUISITION OBJECTIVES FOR
PATRIOT AIR AND MISSILE DEFENSE BATTALIONS.
(a) Assessment.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Army shall assess and
validate the current and projected battalion and interceptor
requirements and acquisition objectives for the Patriot air and missile
defense system and Patriot advanced capability-3 missile segment
enhancement missiles to determine whether such requirements and
objectives are sufficient to meet the requests for forces, war plans,
and contingency requirements of the commanders of the geographic
combatant commands.
(b) Report.--Not later than 30 days after the date on which the
Secretary completes the assessment under subsection (a), the Secretary
shall submit to the congressional defense committees a report on the
assessment, including whether the requirements and acquisition
objectives described in such subsection--
(1) are sufficient to meet the requests for forces, war
plans, and contingency requirements of the commanders of the
geographic combatant commands; and
(2) are valid or should be modified.
(c) Authority.--Subject to the availability of appropriations for
such purpose, the Secretary of the Army may procure up to four
additional Patriot air and missile defense battalions to achieve a
total of up to 20 such battalions.
SEC. 1705. INDEPENDENT ASSESSMENT OF DEPARTMENT OF DEFENSE CAPABILITY
AND CAPACITY NEEDS FOR MUNITIONS PRODUCTION AND
STOCKPILING.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into an agreement with an appropriate federally funded research and
development center for the conduct of a detailed independent analysis
of the extent to which the process used by the chief of staff of an
armed force to implement the Out-Year Unconstrained Total Munitions
Requirement required under section 222c of title 10, United States
Code, properly accounts for current and future requirements for the
weapons described in subsection (c). Such an agreement shall provide
that an analysis conducted pursuant to the agreement shall be completed
within 180 days after the date on which such agreement was entered
into.
(b) Matters for Consideration.--An analysis conducted pursuant to
an agreement under subsection (a) shall include a consideration of each
of the following with respect to each weapon described in subsection
(c):
(1) The sufficiency of efforts to implement section 222c of
title 10, United States Code, including--
(A) whether the views of the commanders of each
combatant command are adequately represented;
(B) whether contributions by allies and partner
countries are adequately represented;
(C) whether excursions beyond the operational
plans, including the potential of protracted warfare,
are adequately represented;
(D) the potential of simultaneous conflicts; and
(E) the degree to which the elements of section
222c(c) of title 10, United States Code, are
appropriate functional categories.
(2) Any recommendations that could be beneficial to the
overall implementation of such section 222c.
(c) Weapons Described.--The weapons described in this subsection
are the following:
(1) Evolved sea sparrow missile.
(2) MK-48 heavyweight torpedo.
(3) Standard missile variants (including standard missile-
6, standard missile-3 block IIA, and standard missile-3 block
IIA).
(4) Patriot guided missiles.
(5) Terminal high altitude area defense interceptors.
(6) Guided and ballistic missiles fired from the multiple-
launch rocket system (MLRS) or the high mobility artillery
rocket system (HIMARS).
(7) Javelin missile.
(8) Stinger missile.
(9) Air intercept missile (AIM)-9X-Sidewinder.
(10) AIM-120D--Advanced medium range air-to-air missile
(AMRAAM).
(11) Air to ground (AGM)-114--hellfire missile.
(12) Joint direct attack munition.
(13) Tomahawk land attack missile.
(14) Maritime strike tomahawk.
(15) Long range anti-ship missile.
(16) Naval strike missile.
(17) Joint air-to-surface standoff missile extended range.
(18) Harpoon anti-ship missile.
(19) Naval mines.
(20) Any other weapon that the Secretary of Defense or the
federally funded research and development center determine
should be included in the analysis.
(d) Report.--
(1) In general.--Not later than 210 days after entering
into an agreement under subsection (a), the Secretary of
Defense shall submit to the congressional defense committees--
(A) a complete independent assessment of the
analysis completed pursuant to the agreement; and
(B) any views from the Department of Defense the
Secretary chooses to include.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division and title XLVI of division D may be cited as the
``Military Construction Authorization Act for Fiscal Year 2023''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVII for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2025; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2026.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2025; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2026 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.
SEC. 2803. EFFECTIVE DATE AND AUTOMATIC EXECUTION OF CONFORMING CHANGES
TO TABLES OF SECTIONS, TABLES OF CONTENTS, AND SIMILAR
TABULAR ENTRIES.
(a) Effective Date.--Titles XXI through XXVII shall take effect on
the later of--
(1) October 1, 2022; or
(2) the date of the enactment of this Act.
(b) Elimination of Need for Certain Separate Conforming
Amendments.--
(1) Automatic execution of conforming changes.--When an
amendment made by a provision of this division to a covered
defense law adds a section or larger organizational unit to the
covered defense law, repeals or transfers a section or larger
organizational unit in the covered defense law, or amends the
designation or heading of a section or larger organizational
unit in the covered defense law, that amendment also shall have
the effect of amending any table of sections, table of
contents, or similar table of tabular entries in the covered
defense law to alter the table to conform to the changes made
by the amendment.
(2) Exceptions.--Paragraph (1) shall not apply to an
amendment described in such paragraph when--
(A) the amendment, or a separate clerical amendment
enacted at the same time as the amendment, expressly
amends a table of sections, table of contents, or
similar table of tabular entries in the covered defense
law to alter the table to conform to the changes made
by the amendment; or
(B) the amendment otherwise expressly exempts
itself from the operation of this section.
(3) Covered defense law defined.--In this subsection, the
term ``covered defense law'' means--
(A) titles 10, 32, and 37 of the United States
Code;
(B) any national defense authorization Act or
military construction authorization Act that authorizes
funds to be appropriated for a fiscal year to the
Department of Defense; and
(C) any other law designated in the text thereof as
a covered defense law for purposes of application of
this section.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Demolition of District of Columbia Fort McNair Quarters 4,
13, and 15.
Sec. 2105. Modification of authority to carry out fiscal year 2019
project at Camp Tango, Korea.
Sec. 2106. Extension and modification of authority to carry out certain
fiscal year 2018 projects.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Redstone Arsenal.............................. $102,000,000
Alaska......................................... Fort Wainwright............................... $99,000,000
Colorado....................................... Fort Carson................................... $14,200,000
Hawaii......................................... Fort Shafter.................................. $33,000,000
Schofield Barracks............................ $159,000,000
Tripler Army Medical Center................... $38,000,000
Louisiana...................................... Fort Polk..................................... $32,000,000
Maryland....................................... Aberdeen Proving Ground....................... $85,000,000
Mississippi.................................... Engineer Research and Development Center...... $20,000,000
New Jersey..................................... Picatinny Arsenal............................. $15,654,000
New York....................................... Fort Drum..................................... $3,600,000
North Carolina................................. Fort Bragg.................................... $34,000,000
Pennsylvania................................... Letterkenny Army Depot........................ $38,000,000
Texas.......................................... Corpus Christi Army Depot..................... $103,000,000
Fort Bliss.................................... $15,000,000
Fort Hood..................................... $19,000,000
Washington..................................... Joint Base Lewis-McChord...................... $49,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out military construction
projects for the installations outside the United States, and in the
amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Germany........................................ East Camp Grafenwoehr......................... $168,000,000
Japan.......................................... Kadena Air Force Base......................... $80,000,000
Kwajalein..................................... Kwajalein Atoll.............................. $69,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2103(a) and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Army may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installation, in the number of units or
for the purpose, and in the amount set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Germany................................ Baumholder................. Family Housing New $81,000,000
Construction............
Italy.................................. Vincenza................... Family Housing New $95,000,000
Construction............
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2103(a) and available
for military family housing functions as specified in the funding table
in section 4601, the Secretary of the Army may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units in
an amount not to exceed $17,339,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2022,
for military construction, land acquisition, and military family
housing functions of the Department of the Army as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2104. DEMOLITION OF DISTRICT OF COLUMBIA FORT MCNAIR QUARTERS 4,
13, AND 15.
Not later than one year after the date on which all the individuals
occupying District of Columbia Fort McNair Quarters 4, 13, and 15, as
of the date of the enactment of this Act, have moved out of such
Quarters, the Secretary of the Army shall demolish such Quarters.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2019
PROJECT AT CAMP TANGO, KOREA.
In the case of the authorization contained in the table in section
2101(b) of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (division B of Public Law 115-232; 132 Stat. 2242) for
Camp Tango, Korea, for construction of a command and control facility
at the installation, the Secretary of the Army may increase scope for a
dedicated, enclosed egress pathway out of the underground facility to
facilitate safe escape in case of fire.
SEC. 2106. EXTENSION AND MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2018 PROJECTS.
(a) Extension of Authority to Carry Out Certain Fiscal Year 2018
Projects.--
(1) Extension.--(A) Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the
authorization set forth in the table in subparagraph (B), as
provided in section 2101(b) of that Act (131 Stat. 1819), shall
remain in effect until October 1, 2023, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2024, whichever is later.
(B) The table referred to in subparagraph (A) is as
follows:
Army: Extension of 2018 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Korea................................. Kunsan Air Base........... Unmanned Aerial Vehicle $53,000,000
Hangar..................
----------------------------------------------------------------------------------------------------------------
(2) Army family housing.--(A) Notwithstanding section 2002
of the Military Construction Authorization Act for Fiscal Year
2018 (division B of Public Law 115-91; 131 Stat. 1817), the
authorization set forth in the table in subparagraph (B), as
provided in section 2102 of that Act (131 Stat. 1820), shall
remain in effect until October 1, 2023, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2024, whichever is later.
(B) The table referred to in subparagraph (A) is as
follows:
Army: Extension of 2018 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Kwajalein............................. Kwajalein Atoll........... Family Housing $31,000,000
Replacement Construction
----------------------------------------------------------------------------------------------------------------
(b) Modification of Authority to Carry Out Certain Fiscal Year 2018
Projects.--
(1) Kunsan air base, korea.--In the case of the
authorization contained in the table in section 2101(b) of the
Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1819) for Kunsan
Air Base, Korea, for construction of an Unmanned Aerial Vehicle
Hangar at the installation, the Secretary of the Army may--
(A) construct the hangar at Camp Humphries, Korea;
and
(B) remove primary scope associated with the
relocation of the air defense artillery battalion
facilities to include a ground based missile defense
equipment area, fighting positions, a missile resupply
area air defense artillery facility, a ready building
and command post, a battery command post area, a safety
shelter, and a guard booth.
(2) Kwajalein atoll, hwajalein.--Section 2879(a)(1)(A) of
the Military Construction Authorization Act for Fiscal Year
2018 (division B of Public Law 115-91; 131 Stat. 1874) is
amended by striking ``at least 26 family housing units'' and
inserting ``not more than 26 family housing units''.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out certain fiscal year 2018
project.
Sec. 2205. Transfer of customers from Navy electrical utility system at
former Naval Air Station Barber's Point,
Hawaii, to new electrical system in
Kalaeloa, Hawaii.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2203(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State or Territory Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................. Marine Corps Air Ground Combat Center Twentynine $137,235,000
Palms...........................................
Marine Corps Base Camp Pendleton................. $145,079,000
Marine Corps Recruit Depot San Diego............. $94,848,000
Naval Air Station Lemoore........................ $247,633,000
Naval Base Point Loma Annex...................... $64,353,000
Naval Base San Diego............................. $151,278,000
Naval Surface Warfare Center Corona Division..... $17,100,000
Connecticut................................. Naval Submarine Base New London.................. $17,686,000
Florida..................................... Naval Air Station Jacksonville................... $100,570,000
Naval Air Station Whiting Field.................. $228,001,000
Georgia..................................... Naval Submarine Base Kings Bay................... $309,102,000
Guam........................................ Marine Corps Base Camp Blaz...................... $419,745,000
Hawaii...................................... Joint Base Pearl Harbor-Hickam................... $3,780,475,000
Marine Corps Base Kaneohe Bay.................... $100,206,000
Maryland.................................... Naval Surface Warfare Center Carderock Division.. $2,363,000
Naval Surface Warfare Center Indian Head Division $10,155,000
Nevada...................................... Naval Air Station Fallon......................... $159,866,000
North Carolina.............................. Marine Corps Air Station Cherry Point............ $44,830,000
Marine Corps Air Station New River............... $240,084,000
Marine Corps Base Camp Lejeune................... $54,122,000
Pennsylvania................................ Naval Surface Warfare Center Philadelphia $92,547,000
Division........................................
South Carolina.............................. Marine Corps Recruit Depot Parris Island......... $166,930,000
Virginia.................................... Naval Station Norfolk............................ $19,224,000
Naval Surface Warfare Center Dahlgren Division... $2,853,000
Washington.................................. Naval Air Station Whidbey Island................. $120,340,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2203(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Australia................................... Royal Australian Air Force Base Darwin........... $258,831,000
Djibouti.................................... Camp Lemonnier................................... $122,107,000
Japan....................................... Kadena Air Base.................................. $222,756,000
Spain....................................... Naval Station Rota............................... $92,323,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2203(a) and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Navy may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installations or locations, in the number
of units or for the purposes, and in the amounts set forth in the
following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation Units or Purpose Amount
----------------------------------------------------------------------------------------------------------------
Guam................................... Naval Support Activity Family housing new $289,776,000
Anderson.................. construction............
......................... ...............
----------------------------------------------------------------------------------------------------------------
(b) Improvements to Military Family Housing Units.--Subject to
section 2825 of title 10, United States Code, and using amounts
appropriated pursuant to the authorization of appropriations in section
2203(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Navy may improve existing military family housing units in an amount
not to exceed $74,540,000.
(c) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2203(a) and available
for military family housing functions as specified in the funding table
in section 4601, the Secretary of the Navy may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units in
an amount not to exceed $14,123,000.
SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2022,
for military construction, land acquisition, and military family
housing functions of the Department of the Navy, as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2204. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2018
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B of
Public Law 115-91; 131 Stat. 1817), the authorization set forth in the
table in subsection (a), as provided in section 2201(a) of that Act
(131 Stat. 1822), shall remain in effect until October 1, 2023, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2024, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Navy: Extension of 2018 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Guam.................................. Joint Region Marianas..... Navy-Commercial Tie-in $37,180,000
Hardening...............
----------------------------------------------------------------------------------------------------------------
SEC. 2205. TRANSFER OF CUSTOMERS FROM NAVY ELECTRICAL UTILITY SYSTEM AT
FORMER NAVAL AIR STATION BARBER'S POINT, HAWAII, TO NEW
ELECTRICAL SYSTEM IN KALAELOA, HAWAII.
(a) In General.--Subject to the availability of appropriations for
such purpose, the Secretary of the Navy shall pay the reasonable costs
to transfer all customers off of the electrical utility system of the
Navy located at former Naval Air Station Barber's Point, Hawaii, to the
new electrical system in Kalaeloa, Hawaii, operated by Hawaiian
Electric.
(b) Cooperative Agreement or Other Instrument.--The Secretary of
the Navy may enter into a cooperative agreement or other appropriate
instrument with a third party--
(1) to make amounts available to pay the reasonable costs
of transfers described in subsection (a); and
(2) to reimburse the third party for the reasonable costs
that it may incur to carry out paragraph (1).
(c) Facilitation of Transfer.--To facilitate the transfer of
customers described in subsection (a), the Secretary of the Navy shall
provide the following to the State of Hawaii:
(1) A load analysis and design necessary to complete such
transfer.
(2) Such rights of way and easements as may be necessary to
support the construction of replacement electrical
infrastructure.
(d) Disposal of Navy Electrical System.--Subject to the
availability of appropriations for such purpose, after all customers
have been transferred as required under subsection (a), the Secretary
of the Navy may dispose of the electrical system of the Navy located at
former Naval Air Station Barber's Point, Hawaii.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2018
projects.
Sec. 2305. Modification of authority to carry out certain fiscal year
2021 project.
Sec. 2306. Modification of authority to carry out certain military
construction projects at Tyndall Air Force
Base, Florida.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2303(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama....................................... Maxwell Air Force Base.......................... $15,000,000
Alaska........................................ Clear Space Force Station....................... $72,080,000
Joint Base Elmendorf-Richardson................. $5,200,000
Arizona Davis-Monthan Air Force Base.................... $7,500,000
California.................................... Travis Air Force Base........................... $7,500,000
Vandenberg Space Force Base..................... $136,000,000
Florida....................................... Patrick Space Force Base........................ $97,000,000
Hawaii........................................ Air Force Research Laboratory - Maui $89,000,000
Experimental Site #1...........................
Illinois...................................... Scott Air Force Base............................ $19,893,000
New York...................................... Air Force Research Laboratory - Rome Research $4,200,000
Site...........................................
Ohio.......................................... Wright Patterson Air Force Base................. $29,000,000
Oklahoma...................................... Altus Air Force Base............................ $4,750,000
Tinker Air Force Base........................... $252,016,000
South Carolina................................ Shaw Air Force Base............................. $15,000,000
South Dakota.................................. Ellsworth Air Force Base........................ $335,900,000
Tennessee..................................... Arnold Air Force Base........................... $46,000,000
Texas......................................... Joint Base San Antonio-Randolph................. $29,000,000
Utah.......................................... Hill Air Force Base............................. $96,900,000
Washington.................................... Fairchild Air Force Base........................ $8,000,000
Wyoming....................................... F.E. Warren Air Force Base...................... $241,920,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2303(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Hungary....................................... Papa Air Base................................... $75,260,000
Iceland....................................... Naval Air Station Keflavik...................... $102,500,000
Italy......................................... Aviano Air Base................................. $51,615,000
Japan......................................... Kadena Air Base................................. $307,000,000
Jordan........................................ Muwaffaq Salti Air Base......................... $53,000,000
Norway........................................ Rygge Air Station............................... $9,700,000
Spain......................................... Moron Air Base.................................. $32,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Improvements to Military Family Housing Units.--Subject to
section 2825 of title 10, United States Code, and using amounts
appropriated pursuant to the authorization of appropriations in section
2303(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Air Force may improve existing military family housing units in an
amount not to exceed $233,858,000.
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2303(a) and available
for military family housing functions as specified in the funding table
in section 4601, the Secretary of the Air Force may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of family
housing units in an amount not to exceed $17,730,000.
SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2022,
for military construction, land acquisition, and military family
housing functions of the Department of the Air Force, as specified in
the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2304. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2018
PROJECTS.
(a) Extension.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the
authorizations set forth in the table in paragraph (2), as
provided in section 2301(a) of that Act (131 Stat. 1825), shall
remain in effect until October 1, 2023, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2024, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Florida............................... Tyndall Air Force Base.... Fire Station............. $17,000,000
Texas................................. Joint Base San Antonio.... BMT Classrooms/Dining.... $38,000,000
Joint Base San Antonio.... Camp Bullis Dining $18,500,000
Facility................
Wyoming............................... F. E. Warren Air Force Consolidated Helo/TRF Ops/ $62,000,000
Base..................... AMU and Alert Fac.......
----------------------------------------------------------------------------------------------------------------
(b) Overseas Contingency Operations.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the
authorizations set forth in the table in paragraph (2), as
provided in section 2903 of that Act (131 Stat. 1876), shall
remain in effect until October 1, 2023, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2024, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Hungary............................... Kecskemet Air Base........ ERI: Airfield Upgrades... $12,900,000
Kecskemet Air Base........ ERI: Construct Parallel $30,000,000
Taxiway.................
Kecskemet Air Base........ ERI: Increase POL Storage $12,500,000
Capacity................
Luxembourg............................ Sanem..................... ERI: ECAOS Deployable $67,400,000
Airbase System Storage..
Slovakia.............................. Malacky................... ERI: Airfield Upgrades... $4,000,000
Malacky................... ERI: Increase POL Storage $20,000,000
Capacity................
ERI: Airfield Upgrades.... Construct Combat Arms $22,000,000
Training and Maintenance
Facility................
----------------------------------------------------------------------------------------------------------------
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2021 PROJECT.
In the case of the authorization contained in the table in section
2301(a) of the Military Construction Authorization Act for Fiscal Year
2021 (division B of Public Law 116-283; 134 Stat. 4299) for Hill Air
Force Base, Utah, for construction of GBSD Organic Software Sustainment
Center, the Secretary of the Air Force may construct--
(1) up to 7,526 square meters of Surface Parking Lot in
lieu of constructing a 13,434 square meters vehicle parking
garage; and
(2) up to 402 square meters of Storage Igloo.
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN MILITARY
CONSTRUCTION PROJECTS AT TYNDALL AIR FORCE BASE, FLORIDA.
In the case of the authorization contained in section 2912(a) of
the Military Construction Authorization Act for Fiscal Year 2020
(division B of Public Law 116-92; 133 Stat. 1913) for Tyndall Air Force
Base, Florida--
(1) for construction of Lodging Facilities Phases 1-2, as
specified in such funding table and modified by section
2306(a)(7) of the Military Construction Authorization Act for
Fiscal Year 2021 (division B of Public Law 116-283; 134 Stat.
4302), the Secretary of the Air Force may construct two
emergency backup generators;
(2) for construction of Dorm Complex Phases 1-2, as
specified in such funding table and modified by section
2306(a)(8) of the Military Construction Authorization Act for
Fiscal Year 2021 (division B of Public Law 116-283; 134 Stat.
4302), the Secretary of the Air Force may construct an
emergency backup generator;
(3) for construction of Site Development, Utilities, and
Demo Phase 2, as specified in such funding table and modified
by section 2306(a)(6) of the Military Construction
Authorization Act for Fiscal Year 2021 (division B of Public
Law 116-283; 134 Stat. 4302), the Secretary of the Air Force
may construct--
(A) up to 6,248 lineal meters of storm water
utilities;
(B) up to 55,775 square meters of roads;
(C) up to 4,334 lineal meters of gas pipeline; and
(D) up to 28,958 linear meters of electrical;
(4) for construction of Tyndall AFB Gate Complex, as
specified in such funding table and modified by section
2306(a)(9) of the Military Construction Authorization Act for
Fiscal Year 2021 (division B of Public Law 116-283; 134 Stat.
4302), the Secretary of the Air Force may construct up to
55,694 square meters of roadway with serpentines; and
(5) for construction of Deployment Center/Flight Line
Dining/AAFES, as specified in such funding table and modified
by section 2306(a)(11) of the Military Construction
Authorization Act for Fiscal Year 2021 (division B of Public
Law 116-283; 134 Stat. 4303), the Secretary of the Air Force
may construct up to 164 square meters of AAFES (Shoppette).
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorized energy resilience and conservation investment
program projects.
Sec. 2403. Authorization of appropriations, defense agencies.
Sec. 2404. Extension of authority to carry out certain fiscal year 2018
projects.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Redstone Arsenal.............................. $151,000,000
California.................................. Naval Base Coronado........................... $75,712,000
Florida..................................... Hurlburt Field................................ $9,100,000
MacDill Air Force Base........................ $50,000,000
North Carolina.............................. Fort Bragg.................................... $34,470,000
Texas....................................... Joint Base San Antonio........................ $58,600,000
Virginia.................................... Dam Neck...................................... $26,600,000
Pentagon...................................... $18,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany...................................... Baumholder.................................... $184,723,000
Wiesbaden..................................... $104,779,000
Japan........................................ Yokota Air Base............................... $72,154,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION INVESTMENT
PROGRAM PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy
conservation projects under chapter 173 of title 10, United States
Code, for the installations or locations inside the United States, and
in the amounts, set forth in the following table:
ERCIP Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State or Territory Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Redstone Arsenal.............................. $10,700,000
California.................................. Marine Corps Mountain Warfare Training Center. $30,672,000
Naval Base Ventura County..................... $16,032,000
Florida..................................... Naval Air Station Jacksonville................ $2,880,000
Patrick Space Force Base...................... $15,700,000
Georgia..................................... Fort Stewart-Hunter Army Airfield............. $25,400,000
Naval Submarine Base Kings Bay................ $13,440,000
Guam........................................ Naval Base Guam............................... $34,360,000
Hawaii...................................... Joint Base Pearl Harbor-Hickam................ $30,000,000
Kansas...................................... Fort Riley.................................... $25,780,000
Maryland.................................... National Security Agency-Washington, Fort $23,310,000
Meade........................................
Texas....................................... Fort Hood..................................... $31,500,000
U.S. Army Reserve Center, Conroe.............. $9,600,000
Virginia.................................... National Geospatial-Intelligence Agency Campus $1,100,000
East, Fort Belvoir...........................
Naval Support Activity Hampton Roads.......... $26,880,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy
conservation projects under chapter 173 of title 10, United States
Code, for the installations or locations outside the United States, and
in the amounts, set forth in the following table:
ERCIP Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Djibouti..................................... Camp Lemonnier................................ $28,800,000
Japan........................................ Kadena Air Base............................... $780,000
Kuwait....................................... Camp Arifjan.................................. $26,850,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2022,
for military construction, land acquisition, and military family
housing functions of the Department of Defense (other than the military
departments), as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2404. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2018
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B of
Public Law 115-91; 131 Stat. 1817), the authorization set forth in the
table in subsection (b), as provided in section 2401(b) of that Act
(131 Stat. 1829), for the projects specified in that table shall remain
in effect until October 1, 2023, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year 2024,
whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Defense Agencies: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Japan................................ Iwakuni................ Construct Bulk Storage $30,800,000
Tanks PH 1............
Puerto Rico.......................... USCG Station; Punta Ramey Unit School $61,071,000
Borinquen............. Replacement...........
----------------------------------------------------------------------------------------------------------------
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Repeal of authorized approach to certain construction
project.
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2022, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program authorized by
section 2501 as specified in the funding table in section 4601.
Subtitle B--Host Country In-Kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Korea for required in-
kind contributions, the Secretary of Defense may accept military
construction projects for the installations or locations in the
Republic of Korea, and in the amounts, set forth in the following
table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................. Camp Humphreys......... Quartermaster Laundry/ $24,000,000
Dry Cleaner Facility..
Army................................. Camp Humphreys......... MILVAN CONNEX Storage $20,000,000
Yard..................
Navy................................. Camp Mujuk............. Replace Ordnance $150,000,000
Storage Magazines.....
Navy................................. Fleet Activities Water Treatment Plant $6,000,000
Chinhae............... Relocation............
Air Force............................ Gimhae Air Base........ Refueling Vehicle Shop. $8,800,000
Air Force............................ Osan Air Base.......... Combined Air and Space $306,000,000
Operations
Intelligence Center...
Air Force............................ Osan Air Base.......... Upgrade Electrical $235,000,000
Distribution West,
Phase 3...............
----------------------------------------------------------------------------------------------------------------
SEC. 2512. REPEAL OF AUTHORIZED APPROACH TO CERTAIN CONSTRUCTION
PROJECT.
Section 2511 of the Military Construction Authorization Act for
Fiscal Year 2022 (division B of Public Law 117-81; 135 Stat. 2177) is
amended--
(1) by striking ``(a) Authority to Accept Projects.--'';
and
(2) by striking subsection (b).
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Corrections to authority to carry out certain fiscal year
2022 projects.
Sec. 2608. Extension of authority to carry out certain fiscal year 2018
projects.
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations inside the
United States, and in the amounts, set forth in the following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State or Territory Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska...................................... Joint Base Elmendorf-Richardson............... $63,000,000
Arkansas.................................... Camp Robinson................................. $9,500,000
Delaware.................................... River Road Training Site...................... $16,000,000
Florida..................................... Camp Blanding................................. $24,700,000
Gainesville................................... $21,000,000
Palm Coast Flagler RC FMS 9................... $12,000,000
Hawaii...................................... Kalaeloa...................................... $29,000,000
Indiana..................................... Atlanta Readiness Center...................... $20,000,000
Iowa........................................ West Des Moines Armory........................ $15,000,000
Michigan.................................... Grayling Airfield............................. $16,000,000
Minnesota................................... New Ulm Armory and FMS........................ $17,000,000
Nevada...................................... Harry Reid Training Center.................... $18,000,000
New York.................................... Glenmore RD Armory/FMS 17..................... $17,000,000
North Carolina.............................. McLeansville Camp Burton Road................. $15,000,000
Oregon...................................... Camp Umatilla................................. $14,243,000
Puerto Rico................................. Arroyo Readiness Center....................... $46,602,000
Camp Santiago Joint Maneuver Training Center.. $136,500,000
West Virginia............................... Buckhannon Brushy Fork........................ $14,000,000
Wyoming..................................... Camp Guernsey................................. $19,500,000
TS NG Sheridan................................ $14,800,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army Reserve locations inside the United
States, and in the amounts, set forth in the following table:
Army Reserve
------------------------------------------------------------------------
State or Territory Location Amount
------------------------------------------------------------------------
California.................. Camp Pendleton............... $13,000,000
Florida..................... Perrine...................... $46,000,000
Ohio........................ Wright-Patterson Air Force $16,000,000
Base.
Puerto Rico................. Fort Buchanan................ $24,000,000
Washington.................. Yakima....................... $22,000,000
Wisconsin................... Fort McCoy................... $64,000,000
------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Navy may acquire real property and carry out military
construction projects for the Navy Reserve and Marine Corps Reserve
locations inside the United States, and in the amounts, set forth in
the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Hawaii......................................... Marine Corps Base Kaneohe Bay.................. $116,964,000
Michigan....................................... Marine Forces Reserve Battle Creek............. $27,702,000
Virginia....................................... Marine Forces Reserve Dam Neck Virginia Beach.. $11,856,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air National Guard locations
inside the United States, and in the amounts, set forth in the
following table:
Air National Guard
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Alabama..................... Montgomery Regional Airport.. $9,200,000
Arizona..................... Morris Air National Guard $12,000,000
Base.
Tucson International Airport. $11,700,000
Florida..................... Jacksonville International $30,000,000
Airport.
Indiana..................... Fort Wayne International $16,500,000
Airport.
Ohio........................ Rickenbacker Air National $8,000,000
Guard Base.
Rhode Island................ Quonset State Airport........ $46,000,000
Tennessee................... McGhee-Tyson Airport......... $31,000,000
West Virginia............... McLaughlin Air National Guard $12,500,000
Base.
------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air Force Reserve locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Arizona..................... Davis-Monthan Air Force Base. $8,000,000
Mississippi................. Keesler Air Force Base....... $10,000,000
Oklahoma.................... Tinker Air Force Base........ $12,500,000
Virginia.................... Langley Air Force Base....... $10,500,000
------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2022, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), as specified in the funding
table in section 4601.
SEC. 2607. CORRECTIONS TO AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2022 PROJECTS.
The authorization table in section 2601 of the Military
Construction Authorization Act for Fiscal Year 2022 (division B of
Public Law 117-81; 135 Stat. 2178) is amended--
(1) in the item relating to Redstone Arsenal, Alabama, by
striking ``Redstone Arsenal'' and inserting ``Huntsville
Readiness Center'';
(2) in the item relating to Jerome National Guard Armory,
Idaho, by striking ``Jerome National Guard Armory'' and
inserting ``Jerome County Regional Site'';
(3) in the item relating to Nickell Memorial Armory Topeka,
Kansas, by striking ``Nickell Memorial Armory Topeka'' and
inserting ``Topeka Forbes Field'';
(4) in the item relating to Lake Charles National Guard
Readiness Center, Louisiana, by striking ``Lake Charles
National Guard Readiness Center'' and inserting ``Lake Charles
Chennault Airport NGLA'';
(5) in the item relating to Camp Grayling, Michigan, by
striking ``Camp Grayling'' and inserting ``Grayling Airfield'';
(6) in the item relating to Butte Military Entrance Testing
Site, Montana, by striking ``Butte Military Entrance Testing
Site'' and inserting ``Silver Bow Readiness Center Land'';
(7) in the item relating to Mead Army National Guard
Readiness Center, Nebraska, by striking ``Mead Army National
Guard Readiness Center'' and inserting ``Mead TS/FMS 06/Utes
02'';
(8) in the item relating to Dickinson National Guard
Armory, North Dakota, by striking ``Dickinson National Guard
Armory'' and inserting ``Dickinson Complex'';
(9) in the item relating to Bennington National Guard
Armory, Vermont, by striking ``Bennington National Guard
Armory'' and inserting ``Bennington''; and
(10) in the item relating to Camp Ethan Allen Training
Site, Vermont, by striking ``Camp Ethan Allen Training Site''
and inserting ``National Guard Ethan Allen Air Force Base
Training Site''.
SEC. 2608. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2018
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B of
Public Law 115-91; 131 Stat. 1817), the authorizations set forth in the
table in subsection (b), as provided in section 2604 of that Act (131
Stat. 1836), shall remain in effect until October 1, 2023, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2024, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Air Force: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Indiana............................... Hulman Regional Airport... Construct Small Arms $8,000,000
Range...................
South Dakota.......................... Joe Foss Field............ Aircraft Maintenance $12,000,000
Shops...................
Wisconsin............................. Dane County Regional/ Construct Small Arms $8,000,000
Airport Truax Field...... Range...................
----------------------------------------------------------------------------------------------------------------
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through
Department of Defense Base Closure Account.
Sec. 2702. Authorization to fund certain demolition and removal
activities through Department of Defense
Base Closure Account.
Sec. 2703. Prohibition on conducting additional base realignment and
closure (BRAC) round.
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND
CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE
BASE CLOSURE ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2022, for base realignment and closure
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account established by section 2906 of such Act (as amended by
section 2711 of the Military Construction Authorization Act for Fiscal
Year 2013 (division B of Public Law 112-239; 126 Stat. 2140)), as
specified in the funding table in section 4601.
SEC. 2702. AUTHORIZATION TO FUND CERTAIN DEMOLITION AND REMOVAL
ACTIVITIES THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT.
(a) In General.--Section 2906(c)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note) is amended by adding at
the end the following new subparagraph:
``(E) To carry out the demolition or removal of any
building or structure under the control of the
Secretary of the Navy that is not designated as
historic under a Federal, State, or local law and is
located on a military installation closed or realigned
under a base closure law (as such term is defined in
section 101 of title 10, United States Code) at which
the sampling or remediation of radiologically
contaminated materials has been the subject of
substantiated allegations of fraud, without regard to--
``(i) whether the building or structure is
radiologically impacted; or
``(ii) whether such demolition or removal
is carried out, as part of a response action or
otherwise, under the Defense Environmental
Restoration Program specified in subparagraph
(A) or CERCLA (as such term is defined in
section 2700 of title 10, United States
Code).''.
(b) Funding.--The amendment made by this section may only be
carried out using funds authorized to be appropriated in the table in
section 4601.
SEC. 2703. PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT AND
CLOSURE (BRAC) ROUND.
Nothing in this Act shall be construed to authorize an additional
Base Realignment and Closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program
Sec. 2801. Temporary increase of amounts in connection with authority
to carry out unspecified minor military
construction.
Sec. 2802. Modification of annual locality adjustment of dollar
thresholds applicable to unspecified minor
military construction authorities.
Sec. 2803. Permanent authority for defense laboratory modernization
program.
Sec. 2804. Elimination of sunset of authority to conduct unspecified
minor military construction for lab
revitalization.
Sec. 2805. Military construction projects for innovation, research,
development, test, and evaluation.
Sec. 2806. Supervision of large military construction projects.
Sec. 2807. Specification of Assistant Secretary of Defense for Energy,
Installations, and Environment as Chief
Housing Officer.
Sec. 2808. Clarification of exceptions to limitations on cost
variations for military construction
projects and military family housing
projects.
Sec. 2809. Use of operation and maintenance funds for certain
construction projects outside the United
States.
Sec. 2810. Consideration of installation of integrated solar roofing to
improve energy resiliency of military
installations.
Sec. 2811. Revision of Unified Facilities Guide Specifications and
Unified Facilities Criteria to include
specifications on use of gas insulated
switchgear and criteria and specifications
on microgrids and microgrid converters.
Sec. 2812. Determination and notification relating to Executive orders
that impact cost and scope of work of
military construction projects.
Sec. 2813. Requirement for inclusion of Department of Defense Forms
1391 with annual budget submission by
President.
Sec. 2814. Use of integrated project delivery contracts.
Subtitle B--Military Housing Reforms
Sec. 2821. Standardization of military installation Housing
Requirements and Market Analyses.
Sec. 2822. Notice requirement for MHPI ground lease extensions.
Sec. 2823. Annual briefings on military housing privatization projects.
Sec. 2824. Mold inspection of vacant housing units.
Sec. 2825. Implementation of recommendations from audit of medical
conditions of residents in privatized
military housing.
Subtitle C--Real Property and Facilities Administration
Sec. 2831. Authorized land and facilities transfer to support contracts
with federally funded research and
development centers.
Sec. 2832. Limitation on use of funds pending completion of military
installation resilience component of master
plans for at-risk major military
installations.
Sec. 2833. Physical entrances to certain military installations.
Subtitle D--Land Conveyances
Sec. 2841. Extension of time frame for land conveyance, Sharpe Army
Depot, Lathrop, California.
Sec. 2842. Land conveyance, Joint Base Charleston, South Carolina.
Sec. 2843. Land conveyance, Naval Air Station Oceana, Dam Neck Annex,
Virginia Beach, Virginia.
Sec. 2844. Land exchange, Marine Reserve Training Center, Omaha,
Nebraska.
Sec. 2845. Land Conveyance, Starkville, Mississippi.
Subtitle E--Miscellaneous Studies and Reports
Sec. 2851. Study on practices with respect to development of military
construction projects.
Sec. 2852. Report on capacity of Department of Defense to provide
survivors of natural disasters with
emergency short-term housing.
Sec. 2853. Reporting on lead service lines and lead plumbing.
Sec. 2854. Briefing on attempts to acquire land near United States
military installations by the People's
Republic of China.
Subtitle F--Other Matters
Sec. 2861. Required consultation with State and local entities for
notifications related to the basing
decision-making process.
Sec. 2862. Inclusion in Defense Community Infrastructure Pilot Program
of certain projects for ROTC training.
Sec. 2863. Inclusion of infrastructure improvements identified in the
report on strategic seaports in Defense
Community Infrastructure Pilot Program.
Sec. 2864. Inclusion of certain property for purposes of defense
community infrastructure pilot program.
Sec. 2865. Expansion of pilot program on increased use of sustainable
building materials in military construction
to include locations throughout the United
States.
Sec. 2866. Basing decision scorecard consistency and transparency.
Sec. 2867. Temporary authority for acceptance and use of funds for
certain construction projects in the
Republic of Korea.
Sec. 2868. Repeal of requirement for Interagency Coordination Group of
Inspectors General for Guam Realignment.
Sec. 2869. Lease or use agreement for category 3 subterranean training
facility.
Sec. 2870. Limitation on use of funds for closure of combat readiness
training centers.
Sec. 2871. Required investments in improving child development centers.
Sec. 2872. Interagency Regional Coordinator for Resilience Pilot
Project.
Sec. 2873. Access to military installations for Homeland Security
Investigations personnel in Guam.
Sec. 2874. Prohibition on joint use of Homestead Air Reserve Base with
civil aviation.
Sec. 2875. Electrical charging capability construction requirements
relating to parking for Federal Government
motor vehicles.
Subtitle A--Military Construction Program
SEC. 2801. TEMPORARY INCREASE OF AMOUNTS IN CONNECTION WITH AUTHORITY
TO CARRY OUT UNSPECIFIED MINOR MILITARY CONSTRUCTION.
For the period beginning on the date of the enactment of this Act
and ending on December 1, 2025, section 2805 of title 10, United States
Code, shall be applied and administered--
(1) in subsection (a)(2), by substituting ``$9,000,000''
for ``$6,000,000'';
(2) in subsection (c), by substituting ``$4,000,000'' for
``$2,000,000'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by substituting
``$9,000,000'' for ``$6,000,000''; and
(ii) in subparagraph (B), by substituting
``$9,000,000'' for ``$6,000,000''; and
(B) in paragraph (2), by substituting
``$9,000,000'' for ``$6,000,000''; and
(4) in subsection (f)(1), by substituting ``$14,000,000''
for ``$10,000,000''.
SEC. 2802. MODIFICATION OF ANNUAL LOCALITY ADJUSTMENT OF DOLLAR
THRESHOLDS APPLICABLE TO UNSPECIFIED MINOR MILITARY
CONSTRUCTION AUTHORITIES.
Section 2805(f)(2) of title 10, United States Code, as amended by
this Act, is further amended--
(1) by striking ``or the Commonwealth'' and inserting
``Wake Island, the Commonwealth''; and
(2) by inserting ``, or a former United States Trust
Territory now in a Compact of Free Association with the United
States'' after ``Mariana Islands''.
SEC. 2803. PERMANENT AUTHORITY FOR DEFENSE LABORATORY MODERNIZATION
PROGRAM.
(a) In General.--Section 2805 of title 10, United States Code, as
amended by this Act, is further amended by adding at the end the
following new subsection:
``(g) Defense Laboratory Modernization Program.--(1) Using amounts
appropriated or otherwise made available to the Department of Defense
for research, development, test, and evaluation, the Secretary of
Defense may fund a military construction project described in paragraph
(4) at any of the following:
``(A) A Department of Defense science and technology
reinvention laboratory (as designated under section 4121(b) of
this title).
``(B) A Department of Defense federally funded research and
development center that functions primarily as a research
laboratory.
``(C) A Department of Defense facility in support of a
technology development program that is consistent with the
fielding of offset technologies as described in section 218 of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. note 4811).
``(D) A Department of Defense research, development, test,
and evaluation facility that is not designated as a science and
technology reinvention laboratory, but nonetheless is involved
with developmental test and evaluation.
``(2) Subject to the condition that a military construction project
under paragraph (1) be authorized in a Military Construction
Authorization Act, the authority to carry out the military construction
project includes authority for--
``(A) surveys, site preparation, and advanced planning and
design;
``(B) acquisition, conversion, rehabilitation, and
installation of facilities;
``(C) acquisition and installation of equipment and
appurtenances integral to the project; acquisition and
installation of supporting facilities (including utilities) and
appurtenances incident to the project; and
``(D) planning, supervision, administration, and overhead
expenses incident to the project.
``(3)(A) The Secretary of Defense shall include military
construction projects proposed to be carried out under paragraph (1) in
the budget justification documents for the Department of Defense
submitted to Congress in connection with the budget for a fiscal year
submitted under 1105 of title 31.
``(B) Not less than 14 days prior to the first obligation of funds
described in paragraph (1) for a military construction project to be
carried out under such paragraph, the Secretary of Defense shall submit
to the congressional defense committees a notification providing an
updated construction description, cost, and schedule for the project
and any other matters regarding the project as the Secretary considers
appropriate.
``(4) The authority provided by paragraph (1) to fund military
construction projects using amounts appropriated or otherwise made
available for research, development, test, and evaluation is limited to
military construction projects that the Secretary of Defense, in the
budget justification documents exhibits submitted pursuant to paragraph
(3)(A), determines--
``(A) will support research and development activities at
laboratories described in paragraph (1);
``(B) will establish facilities that will have significant
potential for use by entities outside the Department of
Defense, including universities, industrial partners, and other
Federal agencies;
``(C) are endorsed for funding by more than one military
department or Defense Agency; and
``(D) cannot be fully funded within the thresholds
otherwise specified in this section.
``(5) The maximum amount of funds appropriated or otherwise made
available for research, development, test, and evaluation that may be
obligated in any fiscal year for military construction projects under
paragraph (1) is $150,000,000.
``(6)(A) In addition to the authority provided to the Secretary of
Defense under paragraph (1) to use amounts appropriated or otherwise
made available for research, development, test, and evaluation for a
military construction project referred to in such subsection, the
Secretary of the military department concerned may use amounts
appropriated or otherwise made available for research, development,
test, and evaluation to obtain architectural and engineering services
and to carry out construction design in connection with such a project.
``(B) In the case of architectural and engineering services and
construction design to be undertaken under this paragraph for which the
estimated cost exceeds $1,000,000, the Secretary concerned shall notify
the appropriate committees of Congress of the scope of the proposed
project and the estimated cost of such services before the initial
obligation of funds for such services. The Secretary may then obligate
funds for such services only after the end of the 14-day period
beginning on the date on which the notification is received by the
committees in an electronic medium pursuant to section 480 of this
title.''.
(b) Applicability.--Subsection (g) of section 2805 of title 10,
United States Code, as added by subsection (a), shall apply with
respect only to amounts appropriated after the date of the enactment of
this Act.
(c) Conforming Repeal.--Section 2803 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C.
note prec. 4121) is repealed.
SEC. 2804. ELIMINATION OF SUNSET OF AUTHORITY TO CONDUCT UNSPECIFIED
MINOR MILITARY CONSTRUCTION FOR LAB REVITALIZATION.
Section 2805(d) of title 10, United States Code, as amended by this
Act, is further amended by striking paragraph (5).
SEC. 2805. MILITARY CONSTRUCTION PROJECTS FOR INNOVATION, RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION.
(a) In General.--Subchapter I of chapter 169 of title 10, United
States Code, is amended by inserting after section 2809 the following
new section:
``Sec. 2810. Military construction projects for innovation, research,
development, test, and evaluation
``(a) Project Authorization Required.--The Secretary of Defense may
carry out such military construction projects for innovation, research,
development, test, and evaluation as are authorized by law, using funds
appropriated or otherwise made available for that purpose.
``(b) Submission of Project Proposals.--As part of the defense
budget materials for each fiscal year, the Secretary of Defense shall
include the following information for each military construction
project covered by subsection (a):
``(1) The project title.
``(2) The location of the project.
``(3) A brief description of the scope of work.
``(4) A completed Department of Defense Form 1391 budget
justification that includes the original project cost estimate.
``(5) A current working cost estimate, if different that
the cost estimate contained in such Form 1391.
``(6) Such other information as the Secretary considers
appropriate.
``(c) Budget Justification Display.--The Secretary of Defense shall
include with the defense budget materials for each fiscal year a
consolidated budget justification display that individually identifies
each military construction project covered by subsection (a) and the
amount requested for such project for such fiscal year.
``(d) Application to Military Construction Projects.--This section
shall apply to military construction projects covered by subsection (a)
for which a Department of Defense Form 1391 is submitted to the
appropriate committees of Congress in connection with the budget of the
Department of Defense for fiscal year 2023 and thereafter.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 2809 the following new item:
``2810. Military construction projects for innovation, research,
development, test, and evaluation.''.
SEC. 2806. SUPERVISION OF LARGE MILITARY CONSTRUCTION PROJECTS.
(a) Supervision of Large Military Construction Projects.--Section
2851 of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Report on Supervision of Large Military Construction
Projects.--Before the award of a contract of a value greater than
$500,000,000 in connection with a military construction project, the
individual directing and supervising such military construction project
under subsection (a) or the individual designated pursuant to
subsection (b) (as applicable) shall submit to the appropriate
committees of Congress a report on the intended supervision,
inspection, and overhead plan to manage such military construction
project. Each such report shall include the following:
``(1) A determination of the overall funding intended to
manage the supervision, inspection, and overhead of the
military construction project.
``(2) An assessment of whether a Department of Defense
Field Activity directly reporting to such individual should be
established.
``(3) A description of the quality assurance approach to
the military construction project.
``(4) The independent cost estimate described in section
3221(b)(6)(A) of this title.
``(5) The overall staffing approach to oversee the military
construction project for each year of the contract term.''.
(b) Conforming Amendment to Duties of the Director of Cost
Assessment and Program Evaluation.--Section 3221(b)(6)(A) of title 10,
United States Code, is amended--
(1) in clause (iii), by striking ``and'' at the end; and
(2) by adding at the end the following new clause:
``(v) any decision to enter into a contract
in connection with a military construction
project of a value greater than $500,000,000;
and''.
(c) Applicability.--This section and the amendments made by this
section shall apply to contracts entered into on or after the date of
the enactment of this Act.
SEC. 2807. SPECIFICATION OF ASSISTANT SECRETARY OF DEFENSE FOR ENERGY,
INSTALLATIONS, AND ENVIRONMENT AS CHIEF HOUSING OFFICER.
Subsection (a) of section 2851a of title 10, United States Code, is
amended to read as follows:
``(a) In General.--The Assistant Secretary of Defense for Energy,
Installations, and Environment shall serve as the Chief Housing
Officer, who shall oversee family housing and military unaccompanied
housing under the jurisdiction of the Department of Defense or acquired
or constructed under subchapter IV of this chapter (in this section
referred to as `covered housing units').''.
SEC. 2808. CLARIFICATION OF EXCEPTIONS TO LIMITATIONS ON COST
VARIATIONS FOR MILITARY CONSTRUCTION PROJECTS AND
MILITARY FAMILY HOUSING PROJECTS.
Subparagraph (D) of section 2853(c)(1) of title 10, United States
Code, is amended to read as follows:
``(D) The Secretary concerned may not use the authority provided by
subparagraph (A) to waive the cost limitation applicable to a military
construction project with a total authorized cost greater than
$500,000,000 or a military family housing project with a total
authorized cost greater than $500,000,000 if that waiver would increase
the project cost by more than 50 percent of the total authorized cost
of the project.''.
SEC. 2809. USE OF OPERATION AND MAINTENANCE FUNDS FOR CERTAIN
CONSTRUCTION PROJECTS OUTSIDE THE UNITED STATES.
(a) Permanent Authority.--Section 2808 of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public Law 108-
136; 117 Stat. 1723), as most recently amended by section 2806 of the
Military Construction Authorization Act for Fiscal Year 2022 (division
B of Public Law 117-81; 135 Stat. 2190), is further amended--
(1) in subsection (a)--
(A) by striking ``, inside the area of
responsibility of the United States Central Command or
certain countries in the area of responsibility of the
United States Africa Command,'';
(B) by inserting ``outside the United States''
after ``construction project''; and
(C) in paragraph (2), by striking ``, unless the
military installation is located in Afghanistan, for
which projects using this authority may be carried out
at installations deemed as supporting a long-term
presence''; and
(2) in subsection (c)(1), by striking subparagraph (A) and
redesignating subparagraphs (B) and (C) as subparagraphs (A)
and (B), respectively.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (b), by striking ``subsection (f)'' and
inserting ``subsection (d)'';
(2) by striking subsection (e);
(3) by redesignating subsections (f) and (g) as subsections
(d) and (e), respectively;
(4) in subsection (e), as so redesignated, by striking
``subsection (f)'' and inserting ``subsection (d)''; and
(5) by striking subsections (h) and (i).
(c) Clerical Amendments.--Such section is further amended as
follows:
(1) The section heading for such section is amended--
(A) by striking ``temporary, limited authority''
and inserting ``authority'' ; and
(B) by inserting ``certain'' before ``construction
projects''.
(2) The subsection heading for subsection (a) of such
section is amended by striking ``Temporary Authority'' and
inserting ``In General''.
(d) Classification.--The Law Revision Counsel is directed to
classify section 2808 of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat.
1723), as amended by subsection (a), as a note following section 2804
of title 10, United States Code.
SEC. 2810. CONSIDERATION OF INSTALLATION OF INTEGRATED SOLAR ROOFING TO
IMPROVE ENERGY RESILIENCY OF MILITARY INSTALLATIONS.
The Secretary of Defense shall amend the Unified Facilities
Criteria/DoD Building Code (UFC 1-200-01) to require that planning and
design for military construction projects inside the United States
include consideration of the feasibility and cost-effectiveness of
installing integrated solar roofing as part of the project, for the
purpose of--
(1) promoting on-installation energy security and energy
resilience;
(2) providing grid support to avoid energy disruptions; and
(3) facilitating implementation and greater use of the
authority provided by subsection (h) of section 2911 of title
10, United States Code.
SEC. 2811. REVISION OF UNIFIED FACILITIES GUIDE SPECIFICATIONS AND
UNIFIED FACILITIES CRITERIA TO INCLUDE SPECIFICATIONS ON
USE OF GAS INSULATED SWITCHGEAR AND CRITERIA AND
SPECIFICATIONS ON MICROGRIDS AND MICROGRID CONVERTERS.
(a) Gas Insulated Switchgear.--Not later than one year after the
date of the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall modify the Unified Facilities Guide
Specifications to include a distinct specification for medium voltage
gas insulated switchgear.
(b) Microgrids.--Not later than one year after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition
and Sustainment shall--
(1) modify the Unified Facilities Criteria to include
criteria for microgrids; and
(2) modify the Unified Facilities Guide Specifications to
include specifications for microgrids and microgrid
controllers.
SEC. 2812. DETERMINATION AND NOTIFICATION RELATING TO EXECUTIVE ORDERS
THAT IMPACT COST AND SCOPE OF WORK OF MILITARY
CONSTRUCTION PROJECTS.
(a) Determination and Update of Form 1391.--Not later than 30 days
after the date on which an Executive order is signed by the President,
the Secretary concerned shall--
(1) determine whether implementation of the Executive order
would cause a cost or scope of work variation for a military
construction project under the jurisdiction of the Secretary
concerned;
(2) assess the potential for life-cycle cost savings
associated with implementation of the Executive order for such
a project; and
(3) update the Department of Defense Form 1391 for each
such project that has not been submitted for congressional
consideration, where such implementation would affect such cost
or scope of work variation, including--
(A) projects to be commenced in the next fiscal
year beginning after the date on which the Executive
order was signed; and
(B) projects covered by the future-years defense
program submitted under section 221 of title 10, United
States Code.
(b) Notification to Congress.--Not later than 10 days after
determining under subsection (a)(1) that implementation of an Executive
order would cause a cost or scope of work variation for a military
construction project, the Secretary concerned shall submit to the
congressional defense committees a report indicating the estimated cost
increases, scope of work increases, life-cycle costs, and any other
impacts of such implementation.
(c) Certification.--Along with the submission to Congress of the
budget of the President for a fiscal year under section 1105(a) of
title 31, United States Code, each Secretary concerned shall certify to
Congress that each Department of Defense Form 1391 provided to Congress
for that fiscal year for a military construction project has been
updated with any cost or scope of work variation specified in
subsection (a)(1) with respect to an Executive order signed during the
four-year period preceding such certification, including an indication
of any cost increases for such project that is directly attributable to
such Executive order.
(d) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section 101
of title 10, United States Code.
SEC. 2813. REQUIREMENT FOR INCLUSION OF DEPARTMENT OF DEFENSE FORMS
1391 WITH ANNUAL BUDGET SUBMISSION BY PRESIDENT.
Concurrently with the submission to Congress by the President of
the annual budget of the Department of Defense for a fiscal year under
section 1105(a) of title 31, United States Code, the President shall
include each Department of Defense Form 1391, or successor similar
form, for a military construction project to be carried out during that
fiscal year.
SEC. 2814. USE OF INTEGRATED PROJECT DELIVERY CONTRACTS.
(a) In General.--In fiscal year 2023, the Secretary of the Army,
the Secretary of the Navy, and the Secretary of the Air Force shall
each enter into at least one integrated project delivery contract for
the delivery of a military construction project.
(b) Integrated Project Delivery Contract Defined.--In this section,
the term ``integrated project delivery contract'' means a single
contract for the delivery of a whole project that--
(1) includes, at a minimum, the Secretary concerned,
builder, and architect-engineer as parties that are subject to
the terms of the contract;
(2) aligns the interests of all the parties to the contract
with respect to the project costs and project outcomes; and
(3) includes processes to ensure transparency and
collaboration among all parties to the contract relating to
project costs and project outcomes.
Subtitle B--Military Housing Reforms
SEC. 2821. STANDARDIZATION OF MILITARY INSTALLATION HOUSING
REQUIREMENTS AND MARKET ANALYSES.
(a) In General.--Subchapter II of chapter 169 of title 10, United
States Code, is amended by inserting after section 2836 the following
new section:
``Sec. 2837. Housing Requirements and Market Analysis
``(a) In General.--Not less frequently than once every five years
and in accordance with the requirements of this section, the Secretary
concerned shall conduct a Housing Requirements and Market Analysis (in
this section referred to as an `HRMA') for each military installation
under the jurisdiction of the Secretary concerned that is located in
the United States.
``(b) Prioritization of Installations.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary concerned shall prioritize the conduct of HRMAs for
military installations--
``(A) for which an HRMA has not been conducted
during the five-year period preceding the date of the
enactment of this section; or
``(B) in locations with housing shortages.
``(2) Existing 5-year requirement.--Paragraph (1) shall not
apply to a military department that required an HRMA to be
conducted for each military installation not less frequently
than once every five years before the date of the enactment of
this section.
``(c) Submittal to Congress.--The Secretary of Defense shall
include with the budget materials for the Department of Defense for
fiscal year 2024 and each subsequent fiscal year (as submitted to
Congress pursuant to section 1105 of title 31, United States Code) a
list of the military installations for which the Secretary concerned
plans to conduct an HRMA during the fiscal year covered by such budget
materials.
``(d) Housing Requirements and Market Analysis.--The term `Housing
Requirements and Market Analysis'or `HRMA' means, with respect to a
military installation, a structured analytical process under which an
assessment is made of both the suitability and availability of the
private sector rental housing market using assumed specific standards
related to affordability, location, features, physical condition, and
the housing requirements of the total military population of such
installation.''.
(b) Time Frame.--
(1) In general.--During each of fiscal years 2023 through
2027, the Secretary concerned shall conduct an HRMA for 20
percent of the military installations under the jurisdiction of
the Secretary concerned located in the United States.
(2) Submittal of information to congress.--Not later than
January 15, 2023, the Secretary concerned shall submit to the
congressional defense committees a list of military
installations for which the Secretary concerned plans to
conduct an HRMA during fiscal year 2023.
(c) Definitions.--In this section:
(1) The term ``HRMA'' means, with respect to a military
installation, a structured analytical process under which an
assessment is made of both the suitability and availability of
the private sector rental housing market using assumed specific
standards related to affordability, location, features,
physical condition, and the housing requirements of the total
military population of such installation.
(2) The term ``military installation'' has the meaning
given in section 2801 of title 10, United States Code.
(3) The term ``Secretary concerned'' has the meaning given
that term in section 101(a) of title 10, United States Code.
SEC. 2822. NOTICE REQUIREMENT FOR MHPI GROUND LEASE EXTENSIONS.
Section 2878 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f) Notice of Lease Extensions.--(1) The Secretary concerned
shall provide to the congressional defense committees notice in writing
and a briefing--
``(A) not later than 60 days after beginning negotiations
with a lessor for the extension of the term of any ground lease
of property or facilities under this section; and
``(B) not later than 90 days before extending the term of
any ground lease of property or facilities under this section.
``(2) A notice and briefing required under paragraph (1) shall
include each of the following:
``(A) A description of any material differences between the
extended ground lease and the original ground lease, including
with respect to--
``(i) the length of the term of the lease, as
extended; and
``(ii) any new provisions that materially affect
the rights and responsibilities of the ground lessor or
the ground lessee under the original ground lease.
``(B) The number of housing units or facilities subject to
the ground lease that, during the lease extension, are to be--
``(i) constructed;
``(ii) demolished; or
``(iii) renovated.
``(C) The source of any additional financing the lessor has
obtained, or intends to obtain, during the term of the ground
lease extension that will be used for the development of the
property or facilities subject to the ground lease.
``(D) The following information, displayed annually, for
the five-year period preceding the date of the notice and
briefing:
``(i) The debt-to-net operating income ratio for
the property or facility subject to the ground lease.
``(ii) The occupancy rates for the housing units
subject to the ground lease.
``(iii) An report on maintenance response times and
completion of maintenance requests for the housing
units subject to the ground lease.
``(iv) The occupancy rates and debt-to-net
operating income ratios of any other military
privatized housing initiative projects managed by a
company that controls, or that is under common control
with, the ground lessee entering into the lease
extension.''.
SEC. 2823. ANNUAL BRIEFINGS ON MILITARY HOUSING PRIVATIZATION PROJECTS.
Section 2884 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Annual Briefings.--Not later than February 1 of each year,
each Secretary concerned shall provide to the Committees on Armed
Services of the Senate and House of Representatives a briefing on
military housing privatization projects under the jurisdiction of the
Secretary. Such briefing shall include, for the 12-month period
preceding the date of the briefing, each of the following:
``(1) The information described in paragraphs (1) through
(14) of subsection (c) with respect to all military housing
privatization projects under the jurisdiction of the Secretary.
``(2) A review of any such project that is expected to
require the restructuring of a loan, including any public or
private loan.
``(3) For any such project expected to require
restructuring, a timeline for when such restructuring is
expected to occur.
``(4) Such other information as the Secretary determines
appropriate.''.
SEC. 2824. MOLD INSPECTION OF VACANT HOUSING UNITS.
Section 2891a of title 10, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Requirements for Secretary Concerned.--The Secretary
concerned shall be responsible for--
``(1) providing for a mold inspection of each vacant
housing unit before any new tenant moves into the unit; and
``(2) providing to the new tenant the results of the
inspection.''.
SEC. 2825. IMPLEMENTATION OF RECOMMENDATIONS FROM AUDIT OF MEDICAL
CONDITIONS OF RESIDENTS IN PRIVATIZED MILITARY HOUSING.
Not later than March 1, 2023, the Secretary of Defense shall
implement the recommendations contained in the report of the Inspector
General of the Department of Defense published on April 1, 2022, and
titled ``Audit of Medical Conditions of Residents in Privatized
Military Housing'' (DODIG-2022-078).
Subtitle C--Real Property and Facilities Administration
SEC. 2831. AUTHORIZED LAND AND FACILITIES TRANSFER TO SUPPORT CONTRACTS
WITH FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.
(a) In General.--Chapter 159 of title 10, United States Code, is
amended by inserting after section 2668a the following new section:
``Sec. 2669. Transfer of land and facilities to support contracts with
federally funded research and development centers
``(a) Lease of Land, Facilities, and Improvements.--(1) The
Secretary of a military department may lease, for no consideration,
land, facilities, infrastructure, and improvements to a covered FFRDC
if the lease is to further the purposes of a contract between the
Department of Defense and the covered FFRDC.
``(2) A lease entered into under paragraph (1) shall terminate on
the earlier of the following dates:
``(A) The date that is 50 years after the date on which the
Secretary enters into the lease.
``(B) The date of the termination or non-renewal of the
contract between the Department of Defense and the covered
FFRDC related to the lease.
``(b) Conveyance of Facilities and Improvements.--(1) The Secretary
of a military department may convey, for no consideration, ownership of
facilities and improvements located on land leased to a covered FFRDC
to further the purposes of a contract between the Department of Defense
and the covered FFRDC.
``(2) The ownership of any facilities and improvements conveyed by
the Secretary of a military department or any improvements made to the
leased land by the covered FFRDC under this subsection shall, as
determined by the Secretary of a military department, revert or
transfer to the United States upon the termination or non-renewal of
the underlying land lease.
``(3) Any facilities and improvements conveyed by the Secretary of
a military department shall be demolished by the covered FFDRC as
determined by such Secretary.
``(c) Construction Standards.--A lease entered into under this
section may provide that any facilities constructed on the leased land
may be constructed using commercial standards in a manner that provides
force protection safeguards appropriate to the activities conducted in,
and the location of, such facilities.
``(d) Inapplicability of Certain Property Management Laws.--(1) The
conveyance or lease of property or facilities, improvements, and
infrastructure under this section shall not be subject to the following
provisions of law:
``(A) Section 2667 of this title.
``(B) Section 1302 of title 40.
``(C) Section 501 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11411).
``(2) Sections 2662 and 2802 of this title shall not apply to any
improvements or facilities constructed by the covered FFRDC on land
leased or conveyed to a covered FFRDC described in subsection (a) or
(b).
``(e) Competitive Procedures for Selection of Certain Lessees;
Exception.--If a proposed lease under this section is with respect to a
covered FFRDC, the use of competitive procedures for the selection of
the lessee is not required and the provisions of chapter 33 of title
41, United States Code, or chapter 221 of title 10, United States Code,
and the related provisions of the Federal Acquisition Regulation shall
not apply.
``(f) Covered FFRDC Defined.--In this section, the term `covered
FFRDC' means a federally funded research and development center that is
sponsored by, and has entered into a contract with, the Department of
Defense.''.
(b) Clerical Amendment.--The table of sections for chapter 159 of
title 10, United States Code, is amended by inserting after the item
relating to section 2668a and inserting the following new item:
``2669. Transfer of land and facilities to support contracts with
federally funded research and development
centers.''.
SEC. 2832. LIMITATION ON USE OF FUNDS PENDING COMPLETION OF MILITARY
INSTALLATION RESILIENCE COMPONENT OF MASTER PLANS FOR AT-
RISK MAJOR MILITARY INSTALLATIONS.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for the Office of the
Secretary of Defense for administration and service-wide activities,
not more than 50 percent may be obligated or expended until the date on
which each Secretary of a military department has satisfied the
requirements of section 2833 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 2864 note).
SEC. 2833. PHYSICAL ENTRANCES TO CERTAIN MILITARY INSTALLATIONS.
The Secretary of Defense shall ensure that, to the extent
practicable that--
(1) each military installation in the United States has a
designated main entrance that, at all times, is manned by at
least one member of the Armed Forces or civilian employee of
the Department of Defense;
(2) the location of each such designated main entrance is
published on a publicly accessible internet website of the
Department;
(3) in the case of a military installation in the United
States that has any additional entrance designated for
commercial deliveries to the military installation, the
location of such entrance (and any applicable days or hours of
operation for such entrance) is published on the same internet
website as the website referred to in paragraph (2); and
(4) the information required to be published on the
internet website under paragraph (2) is reviewed and, as
necessary, updated on a basis that is not less frequent than
annually.
Subtitle D--Land Conveyances
SEC. 2841. EXTENSION OF TIME FRAME FOR LAND CONVEYANCE, SHARPE ARMY
DEPOT, LATHROP, CALIFORNIA.
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 ``one year'' and inserting ``three years''.
SEC. 2842. LAND CONVEYANCE, JOINT BASE CHARLESTON, SOUTH CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Air Force (in this
section referred to as the ``Secretary'') may convey to the City of
North Charleston, South Carolina (in this section referred to as the
``City'') all right, title, and interest of the United States in and to
a parcel of real property, including any improvements thereon,
consisting of approximately 26 acres known as the Old Navy Yard at
Joint Base Charleston, South Carolina, for the purpose of permitting
the City to use the property for economic development.
(b) Consideration.--
(1) In general.--As consideration for the conveyance under
subsection (a), the City shall pay to the Secretary an amount
equal to not less than the fair market value, as determined by
the Secretary, based on an appraisal of the property to be
conveyed under such subsection, which may consist of cash
payment, in-kind consideration as described under paragraph
(3), or a combination thereof.
(2) Sufficiency of consideration.--
(A) In general.--Consideration paid to the
Secretary under paragraph (1) shall be in an amount
sufficient, as determined by the Secretary, to provide
replacement space for, and for the relocation of, any
personnel, furniture, fixtures, equipment, and personal
property of any kind belonging to any military
department located upon the property to be conveyed
under subsection (a).
(B) Completion prior to conveyance.--Any cash
consideration shall be paid in full and any in-kind
consideration shall be complete, useable, and delivered
to the satisfaction of the Secretary at or prior to the
conveyance under subsection (a).
(3) In-kind consideration.--In-kind consideration provided
by the City under paragraph (1) may include the acquisition,
construction, provision, improvement, maintenance, repair, or
restoration (including environmental restoration), or
combination thereof, of any facilities or infrastructure with
proximity to Joint Base Charleston Weapons Station (South
Annex) and located on Joint Base Charleston, that the Secretary
considers acceptable.
(4) Treatment of cash consideration received.--Any cash
consideration received by the Secretary under paragraph (1)
shall be deposited in the special account in the Treasury under
subparagraph (A) of section 572(b)(5) of title 40, United
States Code, and shall be available in accordance with
subparagraph (B)(ii) of such section.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--
(A) In general.--The Secretary may require the City
to cover all costs to be incurred by the Secretary, or
to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection
(a), including survey costs, appraisal costs, costs
related to environmental documentation, and any other
administrative costs related to the conveyance.
(B) Refund of amounts.--If amounts paid by the City
to the Secretary in advance exceed the costs actually
incurred by the Secretary to carry out the conveyance
under subsection (a), the Secretary shall refund the
excess amount to the City.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyance under subsection (a)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the
conveyance or to an appropriate fund or account currently
available to the Secretary for the purposes for which the costs
were paid. Amounts so credited shall be merged with amounts in
such fund or account and shall be available for the same
purposes, and to the same conditions and limitations, as
amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary.
(e) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to all valid existing rights and the City shall accept
the property (and any improvements thereon) in its condition at the
time of the conveyance (commonly known as a conveyance ``as is'').
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
(g) Old Navy Yard Defined.--In this section, the term ``Old Navy
Yard'' includes the facilities used by the Naval Information Warfare
Center Atlantic, including buildings 1602, 1603, 1639, 1648, and such
other facilities, infrastructure, and land along or near the Cooper
River waterfront at Joint Base Charleston as the Secretary considers
appropriate.
SEC. 2843. LAND CONVEYANCE, NAVAL AIR STATION OCEANA, DAM NECK ANNEX,
VIRGINIA BEACH, VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the Hampton Roads Sanitation District (in this section referred to as
the ``HRSD'') all right, title, and interest of the United States in
and to a parcel of installation real property, including any
improvements thereon, consisting of approximately 7.9 acres located at
Naval Air Station Oceana in Dam Neck Annex, Virginia Beach, Virginia.
The Secretary may void any land use restrictions associated with the
property to be conveyed under this subsection.
(b) Consideration.--
(1) Amount and determination.--As consideration for the
conveyance under subsection (a), the HRSD shall pay to the
Secretary of the Navy an amount that is not less than the fair
market value of the property conveyed, as determined by the
Secretary. Such determination of fair market value shall be
final. In lieu of all or a portion of cash payment of
consideration, the Secretary may accept in-kind consideration.
(2) Treatment of cash consideration.--The Secretary of the
Navy shall deposit any cash payment received under paragraph
(1) in the special account in the Treasury established for the
Secretary of the Navy under of paragraph (1) of section 2667(e)
of title 10, United States Code. The entire amount deposited
shall be available for use in accordance with subparagraph (D)
of such paragraph.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Navy shall
require the HRSD to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred by
the Secretary, to carry out the conveyance under subsection
(a), including survey costs, costs related to environmental
documentation, and any other administrative costs related to
the conveyance. If amounts are collected in advance of the
Secretary incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to carry
out the conveyance, the Secretary shall refund the excess
amount to the HRSD.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund
or account that was used to cover those costs incurred by the
Secretary in carrying out the conveyance. Amounts so credited
shall be merged with amounts in such fund or account and shall
be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the parcel of real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to the
Secretary of the Navy.
(e) Additional Terms and Conditions.--The Secretary of the Navy may
require such additional terms and conditions in connection with the
conveyance under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 2844. LAND EXCHANGE, MARINE RESERVE TRAINING CENTER, OMAHA,
NEBRASKA.
(a) Land Exchange Authorized.--The Secretary of the Navy may convey
to the Metropolitan Community College Area, a political subdivision of
the State of Nebraska (in this section referred to as the ``College''),
all right, title, and interest of the United States in and to a parcel
of real property, including improvements thereon, known as the Marine
Reserve Training Center in Omaha, Nebraska.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the College shall convey to the Secretary of the Navy
real property interests, either adjacent or proximate, to Offutt Air
Force Base, Nebraska.
(c) Land Exchange Agreement.--The Secretary of the Navy and the
College may enter into a land exchange agreement to implement this
section.
(d) Valuation.--The value of each property interest to be exchanged
by the Secretary of the Navy and the College described in subsections
(a) and (b) shall be determined--
(1) by an independent appraiser selected by the Secretary;
and
(2) in accordance with the Uniform Appraisal Standards for
Federal Land Acquisitions and the Uniform Standards of
Professional Appraisal Practice.
(e) Cash Equalization Payments.--
(1) To the secretary.--If the value of the property
interests described in subsection (a) is greater than the value
of the property interests described in subsection (b), the
values shall be equalized through either of the following or a
combination thereof:
(A) A cash equalization payment from the College to
the Department of the Navy.
(B) In-kind consideration provided by the College,
which may include the acquisition, construction,
provision, improvement, maintenance, repair, or
restoration (including environmental restoration), or
combination thereof, of any facilities or
infrastructure, or delivery of services relating to the
needs of Marine Corps Reserve Training Center Omaha.
(2) No equalization.--If the value of the property
interests described in subsection (b) is greater than the value
of the property interests described in subsection (a), the
Secretary may not make a cash equalization payment to equalize
the values.
(f) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Navy shall
require the College to pay all costs to be incurred by the
Secretary to carry out the exchange of property interests under
this section, including such costs related to land survey,
environmental documentation, real estate due diligence such as
appraisals, and any other administrative costs related to the
exchange of property interests, including costs incurred
preparing and executing a land exchange agreement authorized
under subsection (c). If amounts are collected from the College
in advance of the Secretary incurring the actual costs and the
amount collected exceeds the costs actually incurred by the
Secretary to carry out the exchange of property interests, the
Secretary shall refund the excess amount to the College.
(2) Treatment of amounts received.--Amounts received by the
Secretary of the Navy under paragraph (1) shall be used in
accordance with section 2695(c) of title 10, United States
Code.
(g) Description of Property.--The exact acreage and legal
description of the property interests to be exchanged under this
section shall be determined by surveys that are satisfactory to the
Secretary of the Navy.
(h) Conveyance Agreement.--The exchange of real property interests
under this section shall be accomplished using an appropriate legal
instrument and upon terms and conditions mutually satisfactory to the
Secretary of the Navy and the College, including such additional terms
and conditions as the Secretary considers appropriate to protect the
interests of the United States.
(i) Exemption From Screening Requirements for Additional Federal
Use.--The authority under this section is exempt from the screening
process required under section 2696(b) of title 10, United States Code.
SEC. 2845. LAND CONVEYANCE, STARKVILLE, MISSISSIPPI.
(a) Conveyance Authorized.--The Secretary of the Army (in this
section referred to as the ``Secretary'') may convey to the City of
Starkville, Mississippi (in this section referred to as the ``City''),
all right, title, and interest of the United States in and to a parcel
of real property, including improvements thereon, consisting of
approximately five acres, located at 343 Highway 12, Starkville,
Mississippi 39759, to be used for economic development purposes.
(b) Consideration.--
(1) In general.--As consideration for the conveyance of
property under subsection (a), the City shall pay to the United
States an amount equal to the fair market value of the property
to be conveyed. The Secretary shall determine the fair market
value of the property using an independent appraisal based on
the highest and best use of the property.
(2) Determination of fair market value.--The Secretary
shall determine the fair market value of the property to be
conveyed under subsection (a) using an independent appraisal
based on the highest and best use of the property.
(3) Treatment of consideration received.--Consideration
received under paragraph (1) shall be deposited in the special
account in the Treasury established under subsection (b) of
section 572 of title 40, United States Code, and shall be
available in accordance with paragraph (5)(B) of such
subsection.
(c) Payment of Costs of Conveyance.--
(1) Payment.--
(A) In general.--The Secretary may require the City
to cover all costs (except costs for environmental
remediation of the property under the Comprehensive
Environmental Response, Compensation and Liability Act
1980 (42 U.S.C. 9601 et seq.)) to be incurred by the
Secretary, or to reimburse the Secretary for costs
incurred by the Secretary, to carry out the conveyance
under subsection (a), including survey costs, costs for
environmental documentation, and any other
administrative costs related to the conveyance.
(B) Refund.--If amounts are collected from the City
under subparagraph (A) in advance of the Secretary
incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to
carry out the conveyance under subsection (a), the
Secretary shall refund the excess amount to the City.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyance under subsection (a)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the
conveyance, or to an appropriate fund or account currently
available to the Secretary for the purposes for which the costs
were paid. Amounts so credited shall be merged with amounts in
such fund or account and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
Subtitle E--Miscellaneous Studies and Reports
SEC. 2851. STUDY ON PRACTICES WITH RESPECT TO DEVELOPMENT OF MILITARY
CONSTRUCTION PROJECTS.
(a) Study Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into an agreement with a federally funded research and development
center for the conduct of a study on the practices of the Department of
Defense with respect to the development of military construction
projects.
(b) Elements.--An agreement under subsection (a) shall specify that
the study conducted pursuant to the agreement shall address each of the
following:
(1) Practices with respect to adoption of Unified
Facilities Criteria changes and the inclusion of such changes
into advanced planning, Department of Defense Form 1391
documentation, and planning and design.
(2) Practices with respect to how sustainable materials,
such as mass timber and low carbon concrete, are assessed and
included in advanced planning, Department of Defense Form 1391
documentation, and planning and design.
(3) Barriers to incorporating innovative techniques,
including 3D printed building techniques.
(4) Whether the Strategic Environmental Research and
Development Program (established under section 2901 of title
10, United States Code) or the Environmental Security
Technology Certification Program could be used to validate such
sustainable materials and innovative techniques to encourage
the use of such sustainable materials and innovative techniques
by the Army Corps of Engineers and the Naval Facilities
Engineering Systems Command.
(c) Report to Congress.--Not later than 60 days after the
completion of the study described in this section, the Secretary of
Defense shall submit to the congressional defense committees a report
on the results of the study.
SEC. 2852. REPORT ON CAPACITY OF DEPARTMENT OF DEFENSE TO PROVIDE
SURVIVORS OF NATURAL DISASTERS WITH EMERGENCY SHORT-TERM
HOUSING.
Not later than 220 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report analyzing the capacity of the Department of Defense
to provide survivors of natural disasters with emergency short-term
housing.
SEC. 2853. REPORTING ON LEAD SERVICE LINES AND LEAD PLUMBING.
(a) Initial Report.--Not later than January 1, 2025, the Under
Secretary of Defense for Acquisition and Sustainment shall submit to
the congressional defense committees a report that includes--
(1) a list of military installations (including Government-
owned family housing facilities), military housing, and
privatized military housing projects that, as of the date of
the report, are being serviced by lead service lines or lead
plumbing for the purposes of receiving drinking water;
(2) an evaluation of whether military installations and
privatized military housing projects are in compliance with the
Lead and Copper Rule and, to the extent that such installations
and projects are not in compliance, an identification of--
(A) the name and location of each such installation
or project that is not in compliance; and
(B) the timeline and plan for bringing each such
installation or project into compliance; and
(3) an identification of steps and resources needed to
remove any remaining lead plumbing from military installations
and housing.
(b) Inclusion of Information in Annual Report.--If, after reviewing
the initial report required under subsection (a), the Secretary of
Defense finds that any military installation or privatized family
housing project is not in compliance with the Lead and Copper Rule, the
Secretary shall include in the annual report on defense environmental
programs required under section 2711 of title 10, United States Code,
for each year after the year in which the initial report is submitted,
an update on the efforts of the Secretary, including negotiations with
privatized military family housing providers, to fully comply with the
Lead and Copper Rule.
SEC. 2854. BRIEFING ON ATTEMPTS TO ACQUIRE LAND NEAR UNITED STATES
MILITARY INSTALLATIONS BY THE PEOPLE'S REPUBLIC OF CHINA.
The Under Secretary of Defense for Acquisition and Sustainment, in
consultation with the head of the Department of the Air Force Office of
Special Investigations, shall provide a briefing to the Committees on
Armed Services of the Senate and the House of Representatives not later
than June 1, 2023, that details--
(1) attempts by the People's Republic of China to acquire
land that is located in close proximity (as determined by the
Secretary of Defense) to a United States military installation;
and
(2) ongoing Department of Defense efforts to counter such
attempts.
Subtitle F--Other Matters
SEC. 2861. REQUIRED CONSULTATION WITH STATE AND LOCAL ENTITIES FOR
NOTIFICATIONS RELATED TO THE BASING DECISION-MAKING
PROCESS.
Section 483(c) of title 10, United States Code, is amended by
adding at the end a new paragraph:
``(6) With respect to any decision of the Secretary
concerned that would result in a significant increase in the
number of members of the Armed Forces assigned to a military
installation, a description of the consultation with
appropriate State and local entities regarding the basing
decision to ensure consideration of matters affecting the local
community, including requirements for transportation, utility
infrastructure, housing, education, and family support
activities.''.
SEC. 2862. INCLUSION IN DEFENSE COMMUNITY INFRASTRUCTURE PILOT PROGRAM
OF CERTAIN PROJECTS FOR ROTC TRAINING.
Section 2391 of title 10, United States Code, is further amended--
(1) in subsection (d)(1)(B)--
(A) by redesignating clauses (ii) and (iii) as
clauses (iii) and (iv), respectively; and
(B) by inserting after clause (i) the following new
clause (ii):
``(ii) Projects that will contribute to the training of
cadets enrolled in an independent Reserve Officer Training
Corps program at a covered educational institution.''; and
(2) in subsection (e), by adding at the end the following
new paragraph:
``(6) The term `covered educational institution' means a
college or university that is--
``(A) a part B institution, as defined in section
322 of the Higher Education Act of 1965 (20 U.S.C.
1061);
``(B) an 1890 Institution, as defined in section 2
of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601);
``(C) not affiliated with a consortium; and
``(D) located at least 40 miles from a major
military installation.''.
SEC. 2863. INCLUSION OF INFRASTRUCTURE IMPROVEMENTS IDENTIFIED IN THE
REPORT ON STRATEGIC SEAPORTS IN DEFENSE COMMUNITY
INFRASTRUCTURE PILOT PROGRAM.
Section 2391(d) of title 10, United States Code, as amended by this
Act, is further amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) In selecting community infrastructure projects to receive
assistance under this subsection, the Secretary shall consider
infrastructure improvements identified in the report on strategic
seaports required by section 3515 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1985).''.
SEC. 2864. INCLUSION OF CERTAIN PROPERTY FOR PURPOSES OF DEFENSE
COMMUNITY INFRASTRUCTURE PILOT PROGRAM.
Section 2391(e)(4)(A)(i) of title 10, United States Code, as
amended by this Act, is further amended by inserting ``or on property
under the jurisdiction of a Secretary of a military department that is
subject to a real estate agreement (including a lease or easement)''
after ``installation''.
SEC. 2865. EXPANSION OF PILOT PROGRAM ON INCREASED USE OF SUSTAINABLE
BUILDING MATERIALS IN MILITARY CONSTRUCTION TO INCLUDE
LOCATIONS THROUGHOUT THE UNITED STATES.
Section 2861(b)(2) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 2802 note) is amended in
the matter preceding subparagraph (A) by striking ``continental''.
SEC. 2866. BASING DECISION SCORECARD CONSISTENCY AND TRANSPARENCY.
Section 2883(h) of the Military Construction Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 1781b note) is
amended--
(1) by amending paragraph (3) to read as follows:
``(3) Availability.--
``(A) In general.--A current version of each
scorecard established under this subsection shall be
available to the public through an Internet website of
the military department concerned.
``(B) Methodology and criteria.--
``(i) Availability.--Each Secretary of a
military department shall publish on the
website described in subparagraph (A) the
methodology and criteria each time such
Secretary establishes or updates a scorecard.
``(ii) Public comment.--Each Secretary of a
military department shall establish a 60-day
public comment period beginning on each date of
publication of such methodology and
criteria.''; and
(2) by adding at the end the following new paragraph:
``(4) Coordination.--In establishing or updating a
scorecard under this subsection, each Secretary of the military
department concerned shall coordinate with the Secretary of
Defense to ensure consistency across the military
departments.''.
SEC. 2867. TEMPORARY AUTHORITY FOR ACCEPTANCE AND USE OF FUNDS FOR
CERTAIN CONSTRUCTION PROJECTS IN THE REPUBLIC OF KOREA.
Section 2863 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1899) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``cash''; and
(ii) in subparagraph (B), by inserting
``and construction'' after ``The design''; and
(B) by adding at the end the following new
paragraph:
``(3) Method of contribution.--Contributions may be
accepted under this subsection in any of the forms referred to
in section 2350k(c) of title 10, United States Code.''; and
(2) in subsection (b), by striking ``Contributions'' and
inserting ``Cash contributions''.
SEC. 2868. REPEAL OF REQUIREMENT FOR INTERAGENCY COORDINATION GROUP OF
INSPECTORS GENERAL FOR GUAM REALIGNMENT.
Section 2835 of the Military Construction Authorization Act for
Fiscal Year 2010 (division B of Public Law 111-84; 10 U.S.C. 2687 note)
is repealed.
SEC. 2869. LEASE OR USE AGREEMENT FOR CATEGORY 3 SUBTERRANEAN TRAINING
FACILITY.
(a) In General.--The Secretary of Defense may seek to enter into a
lease or use agreement with a category 3 subterranean training facility
that--
(1) is located in close proximity (as determined by the
Secretary of Defense) to the home station of an air assault
unit or a special operations force; and
(2) has the capacity to--
(A) provide brigade or large full-mission profile
training;
(B) rapidly replicate full-scale underground
venues;
(C) support helicopter landing zones; and
(D) support underground live fire.
(b) Use of Facility.--A lease or use agreement entered into
pursuant to subsection (a) shall provide that the category 3
subterranean training facility shall be made available for--
(1) hosting of training and testing exercises for--
(A) members of the Armed Forces, including members
a special operations force;
(B) personnel of combat support agencies, including
the Defense Threat Reduction Agency; and
(C) such other personnel as the Secretary of
Defense determines appropriate; and
(2) such other purposes as the Secretary of Defense
determines appropriate.
(c) Duration.--The duration of any lease or use agreement entered
into pursuant to subsection (a) shall be for a period of not less than
5 years.
(d) Category 3 Subterranean Training Facility Defined.--In this
section, the term ``category 3 subterranean training facility'' means
an underground structure designed and built--
(1) to be unobserved and to provide maximum protection; and
(2) to serve as a command and control, operations, storage,
production, and protection facility.
(e) Conforming Repeal.--Section 375 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C.
2001 note prec.) is repealed.
SEC. 2870. LIMITATION ON USE OF FUNDS FOR CLOSURE OF COMBAT READINESS
TRAINING CENTERS.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2023 for the Air
Force may be obligated or expended to close, or prepare to close, any
combat readiness training center.
(b) Waiver.--The Secretary of the Air Force may waive the
limitation under subsection (a) with respect to a combat readiness
training center if the Secretary submits to the congressional defense
committees the following:
(1) A certification that--
(A) the closure of the center would not be in
violation of section 2687 of title 10, United States
Code; and
(B) the support capabilities provided by the center
will not be diminished as a result of the closure of
the center.
(2) A report that includes--
(A) a detailed business case analysis for the
closure of the center; and
(B) an assessment of the effects the closure of the
center would have on training units of the Armed
Forces, including any active duty units that may use
the center.
SEC. 2871. REQUIRED INVESTMENTS IN IMPROVING CHILD DEVELOPMENT CENTERS.
(a) Investments in Child Development Centers.--Of the total amount
authorized to be appropriated for fiscal year 2023 for the Department
of Defense for Facilities Sustainment, Restoration, and Modernization
activities of a military department, the Secretary of that military
department shall reserve an amount greater than or equal to one percent
of the estimated replacement cost for fiscal year 2023 of the total
inventory of child development centers under the jurisdiction of that
Secretary for the purpose of carrying out projects for the improvement
of child development centers.
(b) Child Development Center Defined.--In this section, the term
``child development center'' has meaning given the term ``military
child development center'' in section 1800(1) of title 10, United
States Code.
SEC. 2872. INTERAGENCY REGIONAL COORDINATOR FOR RESILIENCE PILOT
PROJECT.
(a) Pilot Project.--The Secretary of Defense shall carry out a
pilot program under which the Secretary shall establish within the
Department of Defense four Interagency Regional Coordinators. Each
Interagency Regional Coordinator shall be responsible for improving the
resilience of a community that supports a military installation and
serving as a model for enhancing community resilience before disaster
strikes.
(b) Selection.--Each Interagency Regional Coordinator shall support
military installations and surrounding communities within a geographic
area, with at least one such Coordinator serving each of the East,
West, and Gulf coasts. For purposes of the project, the Secretary shall
select geographic areas--
(1) with significant sea level rise and recurrent flooding
that prevents members of the Armed Forces from reaching their
posts or jeopardizes military readiness; and
(2) where communities have collaborated on multi-
jurisdictional climate adaptation planning efforts, including
such collaboration with the Army Corps of Engineers Civil Works
Department and through Joint Land Use Studies.
(c) Collaboration.--In carrying out the pilot project, the
Secretary shall build on existing efforts through collaboration with
State and local entities, including emergency management,
transportation, planning, housing, community development, natural
resource managers, and governing bodies and with the heads of
appropriate Federal departments and agencies.
SEC. 2873. ACCESS TO MILITARY INSTALLATIONS FOR HOMELAND SECURITY
INVESTIGATIONS PERSONNEL IN GUAM.
The commander of a military installation located in Guam shall
grant to an officer or employee of Homeland Security Investigations the
same access to such military installation such commander grants to an
officer or employee of U.S. Customs and Border Protection or of the
Federal Bureau of Investigation.
SEC. 2874. PROHIBITION ON JOINT USE OF HOMESTEAD AIR RESERVE BASE WITH
CIVIL AVIATION.
On or before September 30, 2026, the Secretary of the Air Force may
not enter into an agreement that would provide for or permit the joint
use of Homestead Air Reserve Base, Homestead, Florida, by the Air Force
and civil aircraft.
SEC. 2875. ELECTRICAL CHARGING CAPABILITY CONSTRUCTION REQUIREMENTS
RELATING TO PARKING FOR FEDERAL GOVERNMENT MOTOR
VEHICLES.
(a) In General.--If the Secretary concerned develops plans for a
project to construct any facility that includes or will include parking
for covered motor vehicles, the Secretary concerned shall include in
any Department of Defense Form 1391, or successor form, submitted to
Congress for that project--
(1) the provision of electric vehicle charging capability
at the facility adequate to provide electrical charging,
concurrently, for not less than 15 percent of all covered motor
vehicles planned to be parked at the facility;
(2) the inclusion of the cost of constructing such
capability in the overall cost of the project; and
(3) an analysis of whether a parking structure or lot will
be the primary charging area for covered motor vehicles or if
another area, such as public works or the motor pool, will be
the primary charging area.
(b) Definitions.--In this section:
(1) The term ``covered motor vehicle'' means a Federal
Government motor vehicle, including a motor vehicle leased by
the Federal Government.
(2) The term ``Secretary concerned'' means--
(A) the Secretary of a military department with
respect to facilities under the jurisdiction of that
Secretary; and
(B) the Secretary of Defense with respect to
matters concerning the Defense Agencies and facilities
of a reserve component owned by a State rather than the
United States.
TITLE XXIX--FALLON RANGE TRAINING COMPLEX
Subtitle A--Fallon Range Training Complex
Sec. 2901. Military land withdrawal for Fallon Range Training Complex.
Sec. 2902. Numu Newe Special Management Area.
Sec. 2903. National conservation areas.
Sec. 2904. Collaboration with State and county.
Sec. 2905. Wilderness areas in Churchill County, Nevada.
Sec. 2906. Release of wilderness study areas.
Sec. 2907. Land conveyances and exchanges.
Sec. 2908. Checkerboard resolution.
Subtitle B--Lander County Economic Development and Conservation
Sec. 2911. Definitions.
Part I--Lander County Public Purpose Land Conveyances
Sec. 2921. Definitions.
Sec. 2922. Conveyances to Lander County, Nevada.
Part II--Lander County Wilderness Areas
Sec. 2931. Definitions.
Sec. 2932. Designation of wilderness areas.
Sec. 2933. Release of wilderness study areas.
Subtitle A--Fallon Range Training Complex
SEC. 2901. MILITARY LAND WITHDRAWAL FOR FALLON RANGE TRAINING COMPLEX.
The Military Land Withdrawals Act of 2013 (Public Law 113-66; 127
Stat. 1025) is amended by adding at the end the following:
``Subtitle G--Fallon Range Training Complex, Nevada
``SEC. 2981. WITHDRAWAL AND RESERVATION OF PUBLIC LAND.
``(a) Withdrawal.--
``(1) Bombing ranges.--Subject to valid rights in existence
on the date of enactment of this subtitle, and except as
otherwise provided in this subtitle, the land established as
the B-16, B-17, B-19, and B-20 Ranges, as referred to in
subsection (b), and all other areas within the boundary of such
land as depicted on the map entitled `Churchill County Proposed
Fallon Range Training Complex Modernization and Lands Bill' and
dated November 30, 2022, which may become subject to the
operation of the public land laws, are withdrawn from all forms
of--
``(A) entry, appropriation, or disposal under the
public land laws;
``(B) location, entry, and patent under the mining
laws; and
``(C) disposition under all laws relating to
mineral and geothermal leasing or mineral materials.
``(2) Dixie valley training area.--The land and interests
in land within the boundaries established at the Dixie Valley
Training Area, as referred to in subsection (b), are withdrawn
from all forms of--
``(A) entry, appropriation, or disposal under the
public land laws; and
``(B) location, entry, and patent under the mining
laws.
``(b) Description of Land.--The public land and interests in land
withdrawn and reserved by this section comprise approximately 790,825
acres of land in Churchill County, Lyon County, Mineral County,
Pershing County, and Nye County, Nevada, as generally depicted as
`Proposed FRTC Modernization' and `Existing Navy Withdrawal Areas' on
the map entitled `Churchill County Proposed Fallon Range Training
Complex Modernization and Lands Bill', dated November 30, 2022, and
filed in accordance with section 2912. The ranges in the Fallon Range
Training Complex described in this subsection are identified as B-16,
B-17, B-19, B-20, Dixie Valley Training Area and the Shoal Site.
``(c) Purpose of Withdrawal and Reservation.--
``(1) Bombing ranges.--The land withdrawn by subsection
(a)(1) is reserved for use by the Secretary of the Navy for--
``(A) aerial testing and training, bombing, missile
firing, electronic warfare, tactical combat
maneuvering, and air support;
``(B) ground combat tactical maneuvering and
firing; and
``(C) other defense-related purposes that are--
``(i) consistent with the purposes
specified in the preceding paragraphs; and
``(ii) authorized under section 2914.
``(2) Dixie valley training area.--The land withdrawn by
subsection (a)(2) is reserved for use by the Secretary of the
Navy for--
``(A) aerial testing and training, electronic
warfare, tactical combat maneuvering, and air support;
and
``(B) ground combat tactical maneuvering.
``(d) Inapplicability of General Provisions.--Notwithstanding
section 2911(a) and except as otherwise provided in this subtitle,
sections 2913 and 2914 shall not apply to the land withdrawn by
subsection (a)(2).
``SEC. 2982. MANAGEMENT OF WITHDRAWN AND RESERVED LAND.
``(a) Management by the Secretary of the Navy.--During the duration
of the withdrawal under section 2981, the Secretary of the Navy shall
manage the land withdrawn and reserved comprising the B-16, B-17, B-19,
and B-20 Ranges for the purposes described in section 2981(c)--
``(1) in accordance with--
``(A) an integrated natural resources management
plan prepared and implemented under title I of the
Sikes Act (16 U.S.C. 670a et seq.);
``(B) a written agreement between the Secretary of
the Navy and the Governor of Nevada that provides for a
minimum of 15 days annually for big game hunting on
portions of the B-17 Range consistent with military
training requirements;
``(C) a programmatic agreement between the
Secretary of the Navy and the Nevada State Historic
Preservation Officer and other parties, as appropriate,
regarding management of historic properties as the
properties relate to operation, maintenance, training,
and construction at the Fallon Range Training Complex;
``(D) written agreements between the Secretary of
the Navy and affected Indian tribes and other
stakeholders to accommodate access by Indian tribes and
State and local governments to the B-16, B-17, B-19,
and B-20 Ranges consistent with military training
requirements and public safety;
``(E) a written agreement entered into by the
Secretary of the Navy and affected Indian tribes that
provides for regular, guaranteed access, consisting of
a minimum of 4 days per month, for affected Indian
tribes; and
``(F) any other applicable law; and
``(2) in a manner that--
``(A) provides that any portion of the land
withdrawn by section 2981(a) that is located outside of
the Weapons Danger Zone, as determined by the Secretary
of the Navy, shall be relinquished to the Secretary of
the Interior and managed under all applicable public
land laws;
``(B) ensures that the Secretary of the Navy avoids
target placement and training within--
``(i) biologically sensitive areas, as
mapped in the Record of Decision for the Fallon
Range Training Complex Modernization Final
Environmental Impact Statement dated March 12,
2020; and
``(ii) to the maximum extent practicable,
areas that have cultural, religious, and
archaeological resources of importance to
affected Indian tribes;
``(C) ensures that access is provided for special
events, administrative, cultural, educational, wildlife
management, and emergency management purposes; and
``(D) provides that within the B-17 Range the
placement of air to ground ordnance targets shall be
prohibited throughout the entirety of the withdrawal in
the areas identified as the `Monte Cristo Range
Protection Area' on the map entitled `Churchill County
Proposed Fallon Range Training Complex Modernization
and Lands Bill' and dated November 30, 2022.
``(b) Management by the Secretary of the Interior.--
``(1) In general.--During the duration of the withdrawal
under section 2981, the Secretary of the Interior shall manage
the land withdrawn and reserved comprising the Dixie Valley
Training Area and the Shoal Site for the applicable purposes
described in section 2981(c) in accordance with--
``(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
``(B) the Record of Decision for the Fallon Range
Training Complex Modernization Final Environmental
Impact Statement dated March 12, 2020;
``(C) this subtitle; and
``(D) any other applicable law.
``(2) Consultation with secretary of the navy.--Prior to
authorizing any use of the land comprising the Dixie Valley
Training Area or Shoal Site withdrawn and reserved by section
2981, the Secretary of the Interior shall consult with the
Secretary of the Navy. Such consultation shall include--
``(A) informing the Secretary of the Navy of the
pending authorization request so that the Secretary of
the Navy and the Secretary of the Interior may work
together to preserve the training environment; and
``(B) prior to authorizing any installation or use
of mobile or stationary equipment used to transmit and
receive radio signals, obtaining permission from the
Secretary of the Navy to authorize the use of such
equipment.
``(3) Agreement.--The Secretary of the Navy and the
Secretary of the Interior shall enter into an agreement
describing the roles and responsibilities of each Secretary
with respect to the management and use of the Dixie Valley
Training Area and Shoal Site to ensure no closure of an
existing county road and no restrictions or curtailment on
public access for the duration of the withdrawal while
preserving the training environment and in accordance with this
subsection.
``(4) Access.--The land comprising the Dixie Valley
Training Area withdrawn and reserved by section 2981(a)(2)
shall remain open for public access for the duration of the
withdrawal.
``(5) Authorized uses.--Subject to applicable laws and
policy, the following uses are permitted in the Dixie Valley
Training Area for the duration of the withdrawal:
``(A) Livestock grazing.
``(B) Geothermal exploration and development west
of State Route 121, as managed by the Bureau of Land
Management in coordination with the Secretary of the
Navy.
``(C) Exploration and development of salable
minerals or other fluid or leasable minerals, as
managed by the Bureau of Land Management in
coordination with the Secretary of the Navy.
``(6) Infrastructure.--The Secretary of the Navy and the
Secretary of the Interior shall allow water and utility
infrastructure within the Dixie Valley Training Area withdrawn
by section 2981(a)(2) as described in sections 2995(a)(4) and
2996.
``(c) Limitation on Use of Land Prior to Completion of
Commitments.--
``(1) In general.--The Secretary of the Navy shall not make
operational use of the expanded area of the B-16, B-17, or B-20
Ranges, as depicted on the map entitled `Churchill County
Proposed Fallon Range Training Complex Modernization and Lands
Bill' and dated November 30, 2022, that were not subject to
previous withdrawals comprising the Fallon Range Training
Complex which are withdrawn and reserved by section 2981 until
the Secretary of the Navy and the Secretary of the Interior
certify in writing to the Committee on Armed Services, the
Committee on Energy and Natural Resources, and the Committee on
Indian Affairs of the Senate and the Committee on Armed
Services and the Committee on Natural Resources of the House of
Representatives on the completion of the commitments pertaining
to each range from the Record of Decision for the Fallon Range
Training Complex Modernization Final Environmental Impact
Statement dated March 12, 2020, and the provisions of this
subtitle. The Secretary of the Navy and the Secretary of the
Interior may submit certifications for individual ranges to
allow operational use of a specific range prior to completion
of commitments related to other ranges.
``(2) Public access.--Public access to the existing Pole
Line Road shall be maintained until completion of construction
of an alternate route as specified by section 2991(a)(2)(B).
``(3) Payment.--Not later than 1 year after the date of
enactment of this subtitle, subject to the availability of
appropriations, from amounts appropriated to the Secretary of
the Navy for operation and maintenance, the Secretary of the
Navy shall transfer to Churchill County, Nevada, $20,000,000
for deposit in an account designated by Churchill County,
Nevada, to resolve the loss of public access and multiple use
within Churchill County, Nevada.
``SEC. 2983. ORDNANCE LANDING OUTSIDE TARGET AREAS.
``The Secretary of the Navy, in the administration of an
Operational Range Clearance program, shall ensure that tracked ordnance
(bombs, missiles, and rockets) known to have landed outside a target
area in the B-17 and B-20 Ranges is removed within 180 days of the
event and, to the extent practicable, tracked ordnance known to have
landed within the Monte Cristo Range Protection Area described in
section 2982(a)(2)(D) shall be removed within 45 days of the event. The
Secretary of the Navy shall report to the Fallon Range Training Complex
Intergovernmental Executive Committee directed by section 3011(a)(5) of
the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106-
65; 113 Stat. 885; 134 Stat. 4349) not less frequently than annually,
instances in which ordnance land outside target areas and the status of
efforts to clear such ordnance.
``SEC. 2984. RELATIONSHIP TO OTHER RESERVATIONS.
``(a) B-16 and B-20 Ranges.--To the extent the withdrawal and
reservation made by section 2981 for the B-16 and B-20 Ranges withdraws
land currently withdrawn and reserved for use by the Bureau of
Reclamation, the reservation made by section 2981 shall be the primary
reservation for public safety management actions only, and the existing
Bureau of Reclamation reservation shall be the primary reservation for
all other management actions. The Secretary of the Navy shall enter
into an agreement with the Secretary of the Interior to ensure
continued access to the B-16 and B-20 Ranges by the Bureau of
Reclamation to conduct management activities consistent with the
purposes for which the Bureau of Reclamation withdrawal was
established.
``(b) Shoal Site.--The Secretary of Energy shall remain responsible
and liable for the subsurface estate and all activities of the
Secretary of Energy at the Shoal Site withdrawn and reserved by Public
Land Order Number 2771, as amended by Public Land Order Number 2834.
``SEC. 2985. INTEGRATED NATURAL RESOURCES MANAGEMENT PLAN.
``(a) Preparation Required.--
``(1) Preparation; deadline.--Within 2 years after the date
of enactment of this subtitle, the Secretary of the Navy shall
update the current integrated natural resources management plan
for the land withdrawn and reserved by section 2981.
``(2) Coordination.--The Secretary of the Navy shall
prepare the integrated natural resources management plan in
coordination with the Secretary of the Interior, the State of
Nevada, Churchill County, Nevada, other impacted counties in
the State of Nevada, and affected Indian tribes.
``(b) Resolution of Conflicts.--
``(1) In general.--Any disagreement among the parties
referred to in subsection (a) concerning the contents or
implementation of the integrated natural resources management
plan prepared under that subsection or an amendment to the
management plan shall be resolved by the Secretary of the Navy,
the Secretary of the Interior, and the State of Nevada, acting
through--
``(A) the State Director of the Nevada State Office
of the Bureau of Land Management;
``(B) the Commanding Officer of Naval Air Station
Fallon, Nevada;
``(C) the State Director of the Nevada Department
of Wildlife;
``(D) if appropriate, the Regional Director of the
Pacific Southwest Region of the United States Fish and
Wildlife Service; and
``(E) if appropriate, the Regional Director of the
Western Region of the Bureau of Indian Affairs.
``(2) Consultation.--Prior to the resolution of any
conflict under paragraph (1), the Secretary of the Navy shall
consult with the Intergovernmental Executive Committee in
accordance with section 3011(a)(5) of the Military Lands
Withdrawal Act of 1999 (title XXX of Public Law 106-65; 113
Stat. 885; 134 Stat. 4349).
``(c) Elements of Plan.--Subject to subsection (b), the integrated
natural resources management plan under subsection (a)--
``(1) shall be prepared and implemented in accordance with
the Sikes Act (16 U.S.C. 670 et seq.);
``(2) shall include provisions for--
``(A) proper management and protection of the
natural resources of the land; and
``(B) sustainable use by the public of such
resources to the extent consistent with the military
purposes for which the land is withdrawn and reserved;
``(3) shall coordinate access with the Nevada Department of
Wildlife to manage hunting, fishing, and trapping on the land
where compatible with the military mission;
``(4) shall provide for livestock grazing and agricultural
out-leasing on the land, if appropriate--
``(A) in accordance with section 2667 of title 10,
United States Code; and
``(B) at the discretion of the Secretary of the
Navy;
``(5) shall identify current test and target impact areas
and related buffer or safety zones on the land;
``(6) shall provide that the Secretary of the Navy--
``(A) shall take necessary actions to prevent,
suppress, manage, and rehabilitate brush and range
fires occurring on land withdrawn or owned within the
Fallon Range Training Complex and fires resulting from
military activities outside the withdrawn or owned land
of the Fallon Range Training Complex; and
``(B) notwithstanding section 2465 of title 10,
United States Code--
``(i) may obligate funds appropriated or
otherwise available to the Secretary of the
Navy to enter into memoranda of understanding,
cooperative agreements, and contracts for fire
management; and
``(ii) shall reimburse the Secretary of the
Interior for costs incurred under this
paragraph;
``(7) shall provide that all gates, fences, and barriers
constructed after the date of enactment of this subtitle shall
be designed and erected, to the maximum extent practicable and
consistent with military security, safety, and sound wildlife
management use, to allow for wildlife access;
``(8) if determined appropriate by the Secretary of the
Navy, the Secretary of the Interior, and the State of Nevada
after review of any existing management plans applicable to the
land, shall incorporate the existing management plans;
``(9) shall include procedures to ensure that--
``(A) the periodic reviews of the integrated
natural resources management plan required by the Sikes
Act (16 U.S.C. 670 et seq.) are conducted jointly by
the Secretary of the Navy, the Secretary of the
Interior, and the State of Nevada; and
``(B) affected counties and affected Indian tribes
and the public are provided a meaningful opportunity to
comment on any substantial revisions to the plan that
may be proposed pursuant to such a review;
``(10) shall provide procedures to amend the integrated
natural resources management plan as necessary;
``(11) shall allow access to, and ceremonial use of, Tribal
sacred sites to the extent consistent with the military
purposes for which the land is withdrawn and reserved by
section 2981(a); and
``(12) shall provide for timely consultation with affected
Indian tribes.
``SEC. 2986. USE OF MINERAL MATERIALS.
``Notwithstanding any other provision of this subtitle or of the
Act of July 31, 1947 (commonly known as the Materials Act of 1947; 30
U.S.C. 601 et seq.), the Secretary of the Navy may use sand, gravel, or
similar mineral materials resources of the type subject to disposition
under that Act from land withdrawn and reserved by this subtitle if use
of such resources is required for construction needs on the land.
``SEC. 2987. TRIBAL ACCESS AGREEMENT AND CULTURAL RESOURCES SURVEY.
``(a) Tribal Access Agreement.--
``(1) In general.--Not later than 120 days after the date
of enactment of this subtitle, the Secretary of the Navy and
the Secretary of the Interior shall enter into an agreement
with each affected Indian tribe for the purpose of establishing
continued, regular, and timely access to the land withdrawn and
reserved by section 2981, including all land subject to
previous withdrawals under section 3011(a) of the Military
Lands Withdrawal Act of 1999 (title XXX of Public Law 106-65;
113 Stat. 885), for cultural, religious, gathering and
ceremonial uses by affected Indian tribes.
``(2) Access.--The Secretary of the Navy shall--
``(A) provide access in accordance with the
agreement entered into under paragraph (1); and
``(B) to the extent practicable and consistent with
operational, safety, and security needs, seek to
minimize notice from the affected Indian tribe and
chaperoning requirements for Tribal access.
``(3) Resolution of conflicts.--If an affected Indian tribe
provides written comments to the Secretary of the Navy or the
Secretary of the Interior proposing changes or additions to the
agreement entered into under paragraph (1) and the proposals
are not incorporated in the final agreement, the Secretary
concerned shall--
``(A) respond in writing to the affected Indian
tribe explaining a clear, identifiable rationale why
the proposed change was not incorporated; and
``(B) share the written responses under
subparagraph (A) with the Committee on Armed Services
of the House of Representatives, the Committee on
Natural Resources of the House of Representatives, the
Committee on Armed Services of the Senate, and the
Committee on Indian Affairs of the Senate.
``(b) Ethnographic Study.--The Secretary of the Navy, in
consultation with the State of Nevada and appropriate Tribal
governments, shall conduct an ethnographic study of the expanded Fallon
Range Training Complex to assess the importance of that area to Indian
tribes and the religious and cultural practices of those Indian tribes.
``(c) Cultural Resources Survey.--
``(1) Survey.--The Secretary of the Navy, after
consultation with affected Indian tribes and review of data,
studies, and reports in the possession of such Indian tribes,
shall conduct a cultural resources survey of the land withdrawn
and reserved by section 2981 for each of the expanded areas of
the B-16, B-17, and B-20 Ranges that were not subject to
previous surveys in support of the Record of Decision for the
Fallon Range Training Complex Modernization Final Environmental
Impact Statement dated March 12, 2020, and previous withdrawals
comprising the Fallon Range Training Complex that includes
pedestrian field surveys and the inventory and identification
of specific sites containing cultural, religious, and
archaeological resources of importance to affected Indian
tribes.
``(2) Results.--Not later than 2 years after the date of
enactment of this subtitle, the Secretary of the Navy shall
provide the results of the survey conducted under paragraph (1)
to affected Indian tribes for review and comment prior to
concluding survey activities.
``(3) Inclusion in agreement.--The agreement under
subsection (a) shall include access to the specific sites
identified by the survey conducted under paragraph (1) by
affected Indian tribes, including proper disposition or
protection of, and any requested access to, any identified
burial sites, in accordance with the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001 et seq.).
``(4) Limitation on use of land prior to completion of
survey.--The Secretary of the Navy shall not make operational
use of the expanded areas of the B-16, B-17, and B-20 Ranges
that were not subject to previous withdrawals comprising the
Fallon Range Training Complex until the date of completion of
the survey required by paragraph (1).
``(d) Participation of Affected Indian Tribes.--In conducting an
ethnographic study or cultural resources survey under subsection (b) or
(c), the Secretary of the Navy shall coordinate with, and provide for
the participation of, each applicable affected Indian tribe.
``(e) Agreement to Mitigate Adverse Effects.--The Secretary of the
Navy, the Secretary of the Interior, and affected Indian tribes shall
enter into an agreement consistent with section 306108 of title 54,
United States Code, that identifies actions to avoid, minimize, or
mitigate adverse effects to sites identified in subsection (c),
including adverse effects from noise. Using the results of surveys
conducted under subsection (c), the Navy shall, in coordination with
affected Indian tribes and to the extent practicable, avoid placing
targets or other range infrastructure in culturally sensitive areas.
The Navy shall avoid placement of targets in known sensitive habitat,
cultural, or historic areas within the Monte Cristo Mountains.
``(f) Report.--Not later than 1 year after the date on which each
of the agreements required under this section have been entered into
and the survey and study required under this section have been
completed, the Secretary of the Navy and the Secretary of the Interior
shall jointly submit to Congress a report describing--
``(1) the access protocols established by the agreement
under subsection (a);
``(2) the results of the ethnographic study conducted under
subsection (b);
``(3) the results of the cultural resources survey under
subsection (c); and
``(4) actions to be taken to avoid, minimize, or mitigate
adverse effects to sites on the land withdrawn and reserved by
section 2981.
``(g) Public Availability.--Information concerning the nature and
specific location of a cultural resource shall be exempt from
disclosure under section 552 of title 5 and any other law unless the
Secretary of the Navy, in consultation with affected Indian tribes,
determines that disclosure would--
``(1) further the purposes of this section;
``(2) not create risk of harm to or theft or destruction of
the cultural resource or the site containing the cultural
resource; and
``(3) be in accordance with other applicable laws.''.
``SEC. 2988. RESOLUTION OF WALKER RIVER PAIUTE TRIBE CLAIMS.
``(a) Payment to Tribe.--Not later than 1 year after the date of
enactment of this subtitle and subject to the availability of
appropriations, the Secretary of the Navy shall transfer $20,000,000 of
amounts appropriated to the Secretary of the Navy for operation and
maintenance to an account designated by the Walker River Paiute Tribe
(referred to in this section as the `Tribe') to resolve the claims of
the Tribe against the United States for the contamination, impairment,
and loss of use of approximately 6,000 acres of land that is within the
boundaries of the reservation of the Tribe.
``(b) Limitation on Use of Land Prior to Completion of Payment.--
The Secretary of the Navy shall not make operational use of the
expanded areas of the B-16, B-17, and B-20 Ranges that were not subject
to previous withdrawals comprising the Fallon Range Training Complex
and that are withdrawn and reserved by section 2981 until the date on
which the amount is transferred under subsection (a).
``(c) Additional Trust Land.--
``(1) Environmental site assessment.--Not later than 1 year
after the date of enactment of this subtitle and prior to
taking the land described in paragraph (4) into trust for the
benefit of the Tribe under paragraph (3)(A), the Director of
the Bureau of Indian Affairs (referred to in this subsection as
the `Director') shall complete an environmental site assessment
to determine with respect to the land--
``(A) the likelihood of the presence of hazardous
substance-related or other environmental liability; and
``(B) if the Director determines the presence of
hazardous substance-related or other environmental
liability is likely under subparagraph (A)--
``(i) the extent of the contamination
caused by such hazardous substance or other
environmental liability; and
``(ii) whether that liability can be
remediated by the United States.
``(2) Contaminated land.--
``(A) In general.--If the Director determines
pursuant to the environmental site assessment completed
under paragraph (1) that there is a likelihood of the
presence of hazardous substance-related or other
environmental liability on the land described in
paragraph (4), the Director shall consult with the
Tribe on whether the land is still suitable for
transfer into trust for the benefit of the Tribe.
``(B) Determination.--If the Tribe determines land
identified as contaminated under subparagraph (A) is
still suitable to take into trust for the benefit of
the Tribe, the Director, notwithstanding any other
provision of law, shall take the land into trust for
the benefit of the Tribe in accordance with paragraph
(3).
``(3) Land to be held in trust for the tribe;
identification of alternative land.--
``(A) In general.--If the Tribe determines pursuant
to paragraph (2) that the land described in paragraph
(4) should be taken into trust for the benefit of the
Tribe (including if such land is determined to be
contaminated), subject to valid existing rights, all
right, title, and interest of the United States in and
to the land shall be--
``(i) held in trust by the United States
for the benefit of the Tribe; and
``(ii) made part of the existing
reservation of the Tribe.
``(B) Identification of suitable and comparable
alternative land.--If the Tribe determines pursuant to
paragraph (2), due to discovered environmental issues
that the land described in paragraph (4) is not
suitable to be taken into trust for the benefit of the
Tribe, not later than 1 year after the date on which
the Tribe makes that determination, the Director and
the Tribe shall enter into an agreement to identify
suitable and comparable alternative land in relative
distance and located in the same county as the land
described in paragraph (4) to be withdrawn from Federal
use and taken into trust for the benefit of the Tribe.
``(C) Environmental liability.--
``(i) In general.--Notwithstanding any
other provision of law, the United States shall
not be liable for any soil, surface water,
groundwater, or other contamination resulting
from the disposal, release, or presence of any
environmental contamination on any portion of
the land described in paragraph (4) that
occurred on or before the date on which the
land was taken into trust for the benefit of
the Tribe. The United States shall not fund or
take any action to remediate such land after
such land has been so taken into trust.
``(ii) Environmental contamination
description.--An environmental contamination
described in clause (i) includes any oil or
petroleum products, hazardous substances,
hazardous materials, hazardous waste,
pollutants, toxic substances, solid waste, or
any other environmental contamination or hazard
as defined in any Federal law or law of the
State of Nevada.
``(4) Land described.--Subject to paragraph (5), the land
to be held in trust for the benefit of the Tribe under
paragraph (3)(A) is the approximately 8,170 acres of Bureau of
Land Management and Bureau of Reclamation land located in
Churchill and Mineral Counties, Nevada, as generally depicted
on the map entitled `Walker River Paiute Trust Lands' and dated
April 19, 2022, and more particularly described as follows:
``(A) Fernley east parcel.--The following land in
Churchill County, Nevada:
``(i) All land held by the Bureau of
Reclamation in T. 20 N., R. 26 E., sec. 28,
Mount Diablo Meridian.
``(ii) All land held by the Bureau of
Reclamation in T. 20 N., R. 26 E., sec. 36,
Mount Diablo Meridian.
``(B) Walker lake parcel.--The following land in
Mineral County, Nevada:
``(i) All land held by the Bureau of Land
Management in T. 11 N., R. 29 E., secs. 35 and
36, Mount Diablo Meridian.
``(ii) All land held by the Bureau of
Reclamation in T. 10 N., R. 30 E., secs. 4, 5,
6, 8, 9, 16, 17, 20, 21, 28, 29, 32, and 33,
Mount Diablo Meridian.
``(iii) All land held by the Bureau of Land
Management in T. 10.5 N., R. 30 E., secs. 31
and 32, Mount Diablo Meridian.
``(5) Administration.--
``(A) Survey.--Not later than 180 days after the
date of enactment of this subtitle, the Secretary of
the Interior (referred to in this paragraph as the
`Secretary') shall complete a survey to fully describe,
and adequately define the boundaries of, the land
described in paragraph (4).
``(B) Legal description.--
``(i) In general.--Upon completion of the
survey required under subparagraph (A), the
Secretary shall publish in the Federal Register
a legal description of the land described in
paragraph (4).
``(ii) Technical corrections.--Before the
date of publication of the legal description
under this subparagraph, the Secretary may
correct any technical or clerical errors in the
legal description as the Secretary determines
appropriate.
``(iii) Effect.--Effective beginning on the
date of publication of the legal description
under this subparagraph, the legal description
shall be considered to be the official legal
description of the land to be held in trust for
the benefit of the Tribe under paragraph
(3)(A).
``(6) Use of trust land.--The land taken into trust under
paragraph (3)(A) shall not be eligible, or considered to have
been taken into trust, for class II gaming or class III gaming
(as those terms are defined in section 4 of the Indian Gaming
Regulatory Act (25 U.S.C. 2703)).
``(d) Eligibility for Federal and Federally Funded Programs.--Funds
paid to the Tribe pursuant to this section, including any interest or
investment income earned, may not be treated as income or resources or
otherwise used as the basis for denying or reducing the basis for
Federal financial assistance or other Federal benefit (including under
the Social Security Act (42 U.S.C. 301 et seq.)) to which the Tribe, a
member of the Tribe, or a household would otherwise be entitled.
``SEC. 2989. LAND TO BE HELD IN TRUST FOR THE FALLON PAIUTE SHOSHONE
TRIBE.
``(a) Land to Be Held in Trust.--
``(1) In general.--Subject to valid existing rights, all
right, title, and interest of the United States in and to the
land described in paragraph (2) shall be--
``(A) held in trust by the United States for the
benefit of the Fallon Paiute Shoshone Tribe; and
``(B) made part of the reservation of the Fallon
Paiute Shoshone Tribe.
``(2) Description of land.--The land referred to in
paragraph (1) is the approximately 10,000 acres of land
administered by the Bureau of Land Management and the Bureau of
Reclamation, as generally depicted as `Reservation Expansion
Land' on the map entitled `Churchill County Proposed Fallon
Range Training Complex Modernization and Lands Bill' and dated
November 30, 2022.
``(3) Survey.--Not later than 180 days after the date of
enactment of this subtitle, the Secretary of the Interior shall
complete a survey of the boundary lines to establish the
boundaries of the land taken into trust under paragraph (1).
``(4) Use of trust land.--The land taken into trust under
this section shall not be eligible, or considered to have been
taken into trust, for class II gaming or class III gaming (as
those terms are defined in section 4 of the Indian Gaming
Regulatory Act (25 U.S.C. 2703)).
``(5) Cooperative agreement.--On request by the Fallon
Paiute Shoshone Tribe, the Secretary of the Interior shall
enter into a cooperative agreement with the Fallon Paiute
Shoshone Tribe to provide assistance in the management of the
land taken into trust under this section for cultural
protection and conservation management purposes.
``SEC. 2990. NUMU NEWE CULTURAL CENTER.
``(a) In General.--Subject to the availability of appropriations
from amounts appropriated to the Secretary of the Navy for operation
and maintenance, the Secretary of the Navy shall provide financial
assistance to a cultural center established and operated by the Fallon
Paiute Shoshone Tribe and located on the Reservation of the Fallon
Paiute Shoshone Tribe, the purpose of which is to help sustain Numu
Newe knowledge, culture, language, and identity associated with
aboriginal land and traditional ways of life for the Fallon Paiute
Shoshone Tribe and other affected Indian tribes (referred to in this
section as the `Center').
``(b) Studies and Inventories.--The Center shall integrate
information developed in the cultural resources inventories and
ethnographic studies carried out under section 2987.
``(c) Transfer.--Not later than 1 year after the date of enactment
of this subtitle and subject to the availability of appropriations, the
Secretary of the Navy shall transfer to an account designated by the
Fallon Paiute Shoshone Tribe--
``(1) $10,000,000 for the development and construction of
the Center; and
``(2) $10,000,000 to endow operations of the Center.
``(d) Limitation on Use of Land Prior to Completion of Payment.--
The Secretary of the Navy shall not make operational use of the
expanded areas of the B-16, B-17, and B-20 Ranges that were not subject
to previous withdrawals comprising the Fallon Range Training Complex
and that are withdrawn and reserved by section 2981 until the date on
which the amounts are transferred under subsection (c).
``SEC. 2991. ROAD RECONSTRUCTION AND TREATMENT OF EXISTING ROADS AND
RIGHTS-OF-WAY.
``(a) Road Reconstruction.--Subject to the availability of
appropriations, the Secretary of the Navy shall be responsible for the
timely--
``(1) reconstruction of--
``(A) Lone Tree Road leading to the B-16 Range; and
``(B) State Highway 361; and
``(2) relocation of--
``(A) Sand Canyon and Red Mountain Roads,
consistent with alternative 2A, as described in the
Final FRTC Road Realignment Study dated March 14, 2022;
and
``(B) Pole Line Road, consistent with alternative
3B, as described in the Final FRTC Road Realignment
Study dated March 14, 2022.
``(b) Limitation on Use of Land Prior to Completion of
Requirements.--In accordance with section 2982(c)(1), the Secretary of
the Navy shall not make operational use of the expanded areas of the B-
16, B-17, and B-20 Ranges that were not subject to previous withdrawals
comprising the Fallon Range Training Complex and that are withdrawn and
reserved by section 2981 until the date on which the Secretary of the
Navy determines that each of the requirements of subsection (a) have
been met.
``(c) Existing Roads and Rights-of-way; Access.--
``(1) In general.--The withdrawal and reservation of land
made by section 2981 shall not be construed to affect the
following roads and associated rights-of-way:
``(A) United States Highways 50 and 95.
``(B) State Routes 121 and 839.
``(C) The Churchill County, Nevada, roads
identified as Simpson Road, East County Road,
Earthquake Fault Road, and Fairview Peak Road.
``(2) Access.--Any road identified on the map described in
section 2981(b) as an existing minor county road shall be
available for managed access consistent with the purposes of
the withdrawal.
``(d) New Rights-of-way.--The Secretary of the Navy, in
coordination with the Secretary of the Interior, shall be responsible
for the timely grant of new rights-of-way for Sand Canyon and Red
Mountain Road, Pole Line Road, and East County Road to the appropriate
County.
``(e) I-11 Corridors.--The Secretary of the Interior shall manage
the land located within the `Churchill County Preferred I-11 Corridor'
and `NDOT I-11 Corridor' as depicted on the map entitled `Churchill
County Proposed Fallon Range Training Complex Modernization and Lands
Bill' and dated November 30, 2022, in accordance with this section.
``(f) Public Availability of Map.--A copy of the map described in
section 2981(b) shall be on file and available for public inspection in
the appropriate offices of the Bureau of Land Management.
``(g) Withdrawal of Land.--Subject to any valid rights in existence
on the date of enactment of this subtitle, the land located within the
corridors depicted as `Utility and Infrastructure Corridors' on the map
entitled `Churchill County Proposed Fallon Range Training Complex
Modernization and Lands Bill' and dated November 30, 2022, is withdrawn
from--
``(1) location and entry under the mining laws; and
``(2) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
``(h) Termination of Withdrawal.--A withdrawal under subsection (g)
shall terminate on the date on which--
``(1) the Secretary of the Interior, in coordination with
Churchill County, Nevada, terminates the withdrawal; or
``(2) the applicable corridor or land is patented.
``(i) Revised Statutes Section 2477 Claims.--The withdrawal and
reservation of land by section 2981 shall not affect the ability of
Churchill County, Nevada, to seek adjudication of claims under section
2477 of the Revised Statutes (43 U.S.C. 932), as in effect prior to
being repealed by section 706(a) of the Federal Land Policy and
Management Act of 1976 (Public Law 94-579; 90 Stat. 2793).
``(j) Treatment of the West-wide Energy Corridor.--
``(1) In general.--Nothing in section 2981 shall be
construed to restrict the development of high voltage
electrical power utility lines within the portion of the
designated West-Wide Energy Corridor that is located outside of
the B-16 Range.
``(2) Transmission line.--The Secretary of the Navy shall
allow 1 transmission line within that portion of the designated
West-Wide Energy Corridor that is located within the B-16 Range
nearest the existing transmission line adjacent to the western
boundary of the B-16 Range.
``(3) Future transmission line.--If the Secretary of the
Navy and the Secretary of the Interior determine that
additional transmission lines cannot be accommodated outside of
the B-16 Range, to the extent practicable, the Secretary of the
Navy shall allow the construction of a new transmission line as
close as practicable to the existing transmission line.
``SEC. 2992. SAGE GROUSE STUDY.
``(a) In General.--The Secretary of the Navy, in consultation with
the Secretary of the Interior and the State of Nevada, shall conduct a
study to further assess greater sage grouse reactions to military
overflights within the Fallon Range Training Complex.
``(b) Determination.--If the Secretary of the Navy determines under
the study under subsection (a) that greater sage grouse in the Fallon
Range Training Complex are significantly impacted by aircraft
overflights, the Secretary of the Navy shall implement adaptive
management activities, in coordination with the State of Nevada and the
United States Fish and Wildlife Service.
``SEC. 2993. TREATMENT OF LIVESTOCK GRAZING PERMITS.
``(a) In General.--The Secretary of the Navy shall notify holders
of grazing allotments impacted by the withdrawal and reservation of
land by section 2981 and, if practicable, assist the holders of the
grazing allotments in obtaining replacement forage.
``(b) Revisions to Allotment Plans.--The Secretary of the Navy
shall reimburse the Secretary of the Interior for grazing program-
related administrative costs reasonably incurred by the Bureau of Land
Management due to the withdrawal and reservation of land by section
2981.
``(c) Alternative to Replacement Forage.--If replacement forage
cannot be identified under subsection (a), the Secretary of the Navy
shall make full and complete payments to Federal grazing permit holders
for all losses suffered by the permit holders as a result of the
withdrawal or other use of former Federal grazing land for national
defense purposes pursuant to the Act of June 28, 1934 (commonly known
as the `Taylor Grazing Act') (48 Stat. 1269, chapter 865; 43 U.S.C. 315
et seq.).
``(d) Notification and Payment.--The Secretary of the Navy shall--
``(1) notify, by certified mail, holders of grazing
allotments that are terminated; and
``(2) compensate the holders of grazing allotments
described in paragraph (1) for authorized permanent
improvements associated with the allotments.
``(e) Payment.--For purposes of calculating and making a payment to
a Federal grazing permit holder under this section (including the
conduct of any appraisals required to calculate the amount of the
payment)--
``(1) the Secretary of the Navy shall consider the
permanent loss of the applicable Federal grazing permit; and
``(2) the amount of the payment shall not be limited to the
remaining term of the existing Federal grazing permit.
``SEC. 2994. TRANSFER OF LAND UNDER THE ADMINISTRATIVE JURISDICTION OF
THE DEPARTMENT OF THE NAVY.
``(a) Transfer Required.--Subject to subsection (b), the Secretary
of the Navy shall transfer to the Secretary of the Interior, at no
cost, administrative jurisdiction of the approximately 86 acres of a
noncontiguous parcel of land as depicted on the map entitled `Churchill
County Proposed Fallon Range Training Complex Modernization and Lands
Bill' and dated November 30, 2022, acquired by the Department of the
Navy in Churchill County, Nevada, for inclusion in the Sand Mountain
Recreation Area.
``(b) Certification With Respect to Environmental Hazards.--Prior
to transferring land under subsection (a), the Secretary of the Navy
shall certify that the land to be transferred under that subsection is
free from environmental hazards.
``SEC. 2995. REDUCTION OF IMPACT OF FALLON RANGE TRAINING COMPLEX
MODERNIZATION.
``(a) In General.--Consistent with the Record of Decision for the
Fallon Range Training Complex Modernization Final Environmental Impact
Statement dated March 12, 2020, the Secretary of the Navy shall carry
out the following additional mitigations and other measures not
otherwise included in other sections of this Act to reduce the impact
of the modernization of the Fallon Range Training Complex by the
Secretary of the Navy on the land and local community:
``(1) Develop Memoranda of Agreement or other binding
protocols, in coordination with agencies, affected Indian
tribes, and other stakeholders, for--
``(A) management of that portion of Bureau of
Reclamation infrastructure in the B-16 and B-20 Ranges
that will be closed to public access but will continue
to be managed for flood control; and
``(B) access for research, resource management, and
other activities within the B-16, B-17, B-19, and B-20
Ranges.
``(2) Establish wildlife-friendly configured four-wire
fencing, on coordination with the Nevada Department of
Wildlife, to restrict access to the smallest possible area
necessary to ensure public safety and to minimize impacts on
wildlife from fencing.
``(3) Subject to the availability of appropriations--
``(A) purchase the impacted portion of the Great
Basin Transmission Company (formerly named the `Paiute
Pipeline Company') pipeline within the B-17 Range; and
``(B) pay for the relocation of the pipeline
acquired under subparagraph (A) to a location south of
the B-17 Range.
``(4) Accommodate permitting and construction of additional
utility and infrastructure projects within 3 corridors running
parallel to the existing north-south power line in proximity to
Nevada Route 121, existing east-west power line north of
Highway 50, and the area immediately north of Highway 50 as
shown on the map entitled `Churchill County Proposed Fallon
Range Training Complex Modernization and Lands Bill' and dated
November 30, 2022, subject to the requirement that any project
authorized under this paragraph shall complete appropriate
Federal and State permitting requirements prior to the
accommodation under this paragraph.
``(5)(A) Notify holders of mining claims impacted by the
modernization by certified mail.
``(B) Make payments to the holders of mining claims
described in subparagraph (A), subject to the
availability of appropriations.
``(6) Allow a right-of-way to accommodate I-11 (which could
also include a transmission line) if a route is chosen by
Churchill County, Nevada, or the State of Nevada that overlaps
the northeast corner of the withdrawal area for the B-16 Range.
``(7) Revise the applicable range operations manual--
``(A) to include Crescent Valley and Eureka as
noise-sensitive areas; and
``(B) to implement a 5-nautical-mile buffer around
the towns of Crescent Valley and Eureka.
``(8) Implement a 3-nautical-mile airspace exclusion zone
over the Gabbs, Eureka, and Crescent Valley airports.
``(9) Extend the Visual Flight Rules airspace corridor
through the newly established Military Operations Areas on the
east side of the Dixie Valley Training Area.
``(10) Notify affected water rights holders by certified
mail and, if water rights are adversely affected by the
modernization and cannot be otherwise mitigated, acquire
existing and valid State water rights.
``(11) Allow Nevada Department of Wildlife access for
spring and wildlife guzzler monitoring and maintenance.
``(12) Implement management practices and mitigation
measures specifically designed to reduce or avoid potential
impacts on surface water and groundwater, such as placing
targets outside of washes.
``(13) Develop and implement a wildland fire management
plan with the State of Nevada to ensure wildland fire
prevention, suppression, and restoration activities are
addressed, as appropriate, for the entire expanded range
complex.
``(14) To the maximum extent practicable and if compatible
with mission training requirements, avoid placing targets in
biologically sensitive areas identified by the Nevada
Department of Wildlife.
``(15) Fund 2 conservation law enforcement officer
positions at Naval Air Station Fallon.
``(16) Post signs warning the public of any contamination,
harm, or risk associated with entry into the withdrawal land.
``(17) Enter into an agreement for compensation from the
Secretary of the Navy to Churchill County, Nevada, and the
counties of Lyon, Nye, Mineral, and Pershing in the State of
Nevada to offset any reductions made in payments in lieu of
taxes.
``(18) Review, in consultation with affected Indian tribes,
and disclose any impacts caused by the activities of the
Secretary of the Navy at Fox Peak, Medicine Rock, and Fairview
Mountain.
``(19) Consult with affected Indian tribes to mitigate, to
the maximum extent practicable, any impacts disclosed under
paragraph (18).
``(b) Limitation on Use of Land Prior to Completion of
Requirements.--In accordance with section 2982(c)(1), the Secretary of
the Navy shall not make operational use of the expanded areas of the B-
16, B-17, and B-20 Ranges that were not subject to previous withdrawals
comprising the Fallon Range Training Complex and that are withdrawn and
reserved by section 2981 until the date on which the Secretary of the
Navy determines that each of the requirements of subsection (a) have
been met.
``SEC. 2996. DIXIE VALLEY WATER PROJECT.
``(a) Continuation of Project.--The withdrawal of land authorized
by section 2981(a)(2) shall not interfere with the Churchill County
Dixie Valley Water Project.
``(b) Permitting.--On application by Churchill County, Nevada, the
Secretary of the Navy shall concur with the Churchill County Dixie
Valley Water Project and, in collaboration with the Secretary of the
Interior, complete any permitting necessary for the Dixie Valley Water
Project, subject to the public land laws and environmental review,
including regulations.
``(c) Compensation.--Subject to the availability of appropriations,
the Secretary of the Navy shall compensate Churchill County, Nevada,
for any cost increases for the Dixie Valley Water Project that result
from any design features required by the Secretary of the Navy to be
included in the Dixie Valley Water Project.
``SEC. 2997. EXPANSION OF INTERGOVERNMENTAL EXECUTIVE COMMITTEE ON
JOINT USE BY DEPARTMENT OF THE NAVY AND DEPARTMENT OF THE
INTERIOR OF FALLON RANGE TRAINING COMPLEX.
``The Secretary of the Navy and the Secretary of the Interior shall
expand the membership of the Fallon Range Training Complex
Intergovernmental Executive Committee directed by section 3011(a)(5) of
the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106-
65; 113 Stat. 885; 134 Stat. 4349) relating to the management of the
natural and cultural resources of the withdrawal land to include
representatives of Eureka County, Nevada, the Nevada Department of
Agriculture, and the Nevada Division of Minerals.
``SEC. 2998. TRIBAL LIAISON OFFICE.
``The Secretary of the Navy shall establish and maintain a
dedicated Tribal liaison position at Naval Air Station Fallon.
``SEC. 2999. TERMINATION OF PRIOR WITHDRAWAL.
``Notwithstanding section 2842 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) and section 3015 of the Military Lands Withdrawal Act of 1999
(title XXX of Public Law 106-65), the withdrawal and reservation under
section 3011(a) of that Act is terminated.
``SEC. 2999A. DURATION OF WITHDRAWAL AND RESERVATION.
``The withdrawal and reservation of public land by section 2981
shall terminate on November 6, 2047.''.
SEC. 2902. NUMU NEWE SPECIAL MANAGEMENT AREA.
(a) Definitions.--In this section:
(1) Management plan.--The term ``management plan'' means
the management plan for the Special Management Area developed
under subsection (d).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Special management area.--The term ``Special Management
Area'' means the Numu Newe Special Management Area established
by subsection (b).
(b) Establishment.--To protect, conserve, and enhance the unique
and nationally important historic, cultural, archaeological, natural,
and educational resources of the Numu Newe traditional homeland,
subject to valid existing rights, there is established in Churchill and
Mineral Counties, Nevada, the Numu Newe Special Management Area, to be
administered by the Secretary.
(c) Area Included.--The Special Management Area shall consist of
the approximately 217,845 acres of public land in Churchill and Mineral
Counties, Nevada, administered by the Bureau of Land Management, as
depicted on the map entitled ``Churchill County Proposed Fallon Range
Training Complex Modernization and Lands Bill'' and dated November 30,
2022.
(d) Management Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall develop a
comprehensive management plan for the long-term management of
the Special Management Area.
(2) Consultation.--In developing and implementing the
management plan, the Secretary shall consult with--
(A) appropriate Federal, Tribal, State, and local
governmental entities; and
(B) interested members of the public.
(3) Requirements.--The management plan shall--
(A) describe the appropriate uses of the Special
Management Area;
(B) with respect to any land within the Special
Management Area that is withdrawn and reserved for
military uses, ensure that management of the Special
Management Area is consistent with the purposes under
section 2981(c)(2) of the Military Land Withdrawals Act
of 2013 (as added by section 2901 of this title) for
which the land is withdrawn and reserved;
(C) authorize the use of motor vehicles in the
Special Management Area, where appropriate, including
providing for the maintenance of existing roads;
(D) incorporate any provision of an applicable land
and resource management plan that the Secretary
considers to be appropriate;
(E) ensure, to the maximum extent practicable, the
protection and preservation of traditional cultural and
religious sites within the Special Management Area;
(F) to the maximum extent practicable, carefully
and fully integrate the traditional and historical
knowledge and special expertise of the Fallon Paiute
Shoshone Tribe and other affected Indian tribes;
(G) consistent with subparagraph (D), ensure public
access to Federal land within the Special Management
Area for hunting, fishing, and other recreational
purposes;
(H) not affect the allocation, ownership, interest,
or control, as in existence on the date of enactment of
this Act, of any water, water right, or any other valid
existing right; and
(I) be reviewed not less frequently than annually
by the Secretary to ensure the management plan is
meeting the requirements of this section.
(e) Military Overflights.--Nothing in this section restricts or
precludes--
(1) low-level overflights of military aircraft over the
Special Management Area, including military overflights that
can be seen or heard within the Special Management Area;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the Special Management Area.
SEC. 2903. NATIONAL CONSERVATION AREAS.
(a) Numunaa Nobe National Conservation Area.--
(1) Definitions.--In this subsection:
(A) Conservation area.--The term ``Conservation
Area'' means the Numunaa Nobe National Conservation
Area established by paragraph (2).
(B) Management plan.--The term ``management plan''
means the management plan for the Conservation Area
developed under paragraph (3)(B).
(C) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(2) Establishment.--
(A) In general.--To conserve, protect, and enhance
for the benefit and enjoyment of present and future
generations the cultural, archaeological, natural,
wilderness, scientific, geological, historical,
biological, wildlife, educational, recreational, and
scenic resources of the Conservation Area, subject to
valid existing rights, there is established the Numunaa
Nobe National Conservation Area in the State of Nevada,
to be administered by the Secretary.
(B) Area included.--
(i) In general.--The Conservation Area
shall consist of approximately 160,224 acres of
public land in Churchill County, Nevada, as
generally depicted on the map entitled
``Churchill County Proposed Fallon Range
Training Complex Modernization and Lands Bill''
and dated November 30, 2022.
(ii) Availability of map.--The map
described in clause (i) shall be on file and
available for public inspection in the
appropriate offices of the Bureau of Land
Management.
(3) Management.--
(A) In general.--The Secretary shall administer the
Conservation Area in a manner that conserves, protects,
and enhances the resources of the Conservation Area--
(i) in accordance with--
(I) this subsection;
(II) the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701
et seq.); and
(III) any other applicable law; and
(ii) as a component of the National
Landscape Conservation System.
(B) Management plan.--
(i) In general.--Not later than 2 years
after the date of enactment of this Act, the
Secretary shall develop a management plan for
the Conservation Area.
(ii) Consultation.--In developing the
management plan, the Secretary shall consult
with--
(I) appropriate Federal, State,
Tribal, and local governmental
entities; and
(II) members of the public.
(iii) Requirements.--The management plan
shall--
(I) describe the appropriate uses
of the Conservation Area;
(II) in accordance with paragraph
(5), authorize the use of motor
vehicles in the Conservation Area,
where appropriate, including for the
maintenance of existing roads; and
(III) incorporate any provision of
an applicable land and resource
management plan that the Secretary
considers to be appropriate, to include
the Search and Rescue Training
Cooperative Agreement between the
Bureau of Land Management and the Naval
Strike and Air Warfare Training Center
dated July 6, 1998, and the Carson City
District BLM Administrative Guide to
Military Activities on and Over the
Public Lands dated January 25, 2012.
(4) Uses.--The Secretary shall allow only those uses of the
Conservation Area that the Secretary determines would further
the purposes of the Conservation Area.
(5) Motorized vehicles.--Except as needed for
administrative purposes, planned military activities authorized
by paragraph (3)(B)(iii)(III), or to respond to an emergency,
the use of motorized vehicles in the Conservation Area shall be
permitted only on roads and trails designated for the use of
motorized vehicles by the management plan.
(6) Withdrawal.--
(A) In general.--Subject to valid existing rights,
all public land in the Conservation Area is withdrawn
from--
(i) all forms of entry, appropriation, and
disposal under the public land laws;
(ii) location, entry, and patent under the
mining laws; and
(iii) disposition under all laws relating
to mineral and geothermal leasing or mineral
materials.
(B) Additional land.--If the Secretary acquires
mineral or other interests in a parcel of land within
the Conservation Area after the date of enactment of
this Act, the parcel is withdrawn from operation of the
laws referred to in subparagraph (A) on the date of
acquisition of the parcel.
(7) Hunting, fishing, and trapping.--
(A) In general.--Subject to subparagraph (B),
nothing in this subsection affects the jurisdiction of
the State of Nevada with respect to fish and wildlife,
including hunting, fishing, and trapping in the
Conservation Area.
(B) Limitations.--
(i) Regulations.--The Secretary may
designate by regulation areas in which, and
establish periods during which, no hunting,
fishing, or trapping will be permitted in the
Conservation Area, for reasons of public
safety, administration, or compliance with
applicable laws.
(ii) Consultation required.--Except in an
emergency, the Secretary shall consult with the
appropriate State agency and notify the public
before taking any action under clause (i).
(8) Grazing.--In the case of land included in the
Conservation Area on which the Secretary permitted, as of the
date of enactment of this Act, livestock grazing, the livestock
grazing shall be allowed to continue, subject to applicable
laws (including regulations).
(9) No buffer zones.--
(A) In general.--Nothing in this subsection creates
a protective perimeter or buffer zone around the
Conservation Area.
(B) Activities outside conservation area.--The fact
that an activity or use on land outside the
Conservation Area can be seen or heard within the
Conservation Area shall not preclude the activity or
use outside the boundary of the Conservation Area.
(10) Military overflights.--Nothing in this subsection
restricts or precludes--
(A) low-level overflights of military aircraft over
the Conservation Area, including military overflights
that can be seen or heard within the Conservation Area;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of
special use airspace, or the establishment of military
flight training routes, over the Conservation Area.
(10) Effect on water rights.--Nothing in this subsection
constitutes an express or implied reservation of any water
rights with respect to the Conservation Area.
(b) Pistone-Black Mountain National Conservation Area.--
(1) Definitions.--In this subsection:
(A) Conservation area.--The term ``Conservation
Area'' means the Pistone-Black Mountain National
Conservation Area established by paragraph (2)(A).
(B) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(C) Tribe.--The term ``Tribe'' means the Walker
River Paiute Tribe.
(2) Establishment.--
(A) In general.--To protect, conserve, and enhance
the unique and nationally important historic, cultural,
archaeological, natural, and educational resources of
the Pistone Site on Black Mountain, subject to valid
existing rights, there is established in Mineral
County, Nevada, the Pistone-Black Mountain National
Conservation Area.
(B) Area included.--
(i) In general.--The Conservation Area
shall consist of the approximately 3,415 acres
of public land in Mineral County, Nevada,
administered by the Bureau of Land Management,
as depicted on the map entitled ``Black
Mountain/Pistone Archaeological District'' and
dated May 12, 2020.
(ii) Availability of map.--The map
described in clause (i) shall be on file and
available for public inspection in the
appropriate offices of the Bureau of Land
Management.
(3) Management.--
(A) In general.--The Secretary shall manage the
Conservation Area--
(i) in a manner that conserves, protects,
and enhances the resources and values of the
Conservation Area, including the resources and
values described in paragraph (2)(A);
(ii) in accordance with--
(I) this subsection;
(II) the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701
et seq.); and
(III) any other applicable law; and
(iii) as a component of the National
Landscape Conservation System.
(B) Uses.--The Secretary shall allow only those
uses of the Conservation Area that the Secretary
determines would further the purposes of the
Conservation Area.
(C) Tribal cultural resources.--In administering
the Conservation Area, the Secretary shall provide
for--
(i) access to and use of cultural resources
by the Tribe at the Conservation Area; and
(ii) the protection from disturbance of the
cultural resources and burial sites of the
Tribe located in the Conservation Area.
(D) Cooperative agreements.--The Secretary may, in
a manner consistent with this subsection, enter into
cooperative agreements with the State of Nevada,
affected Indian tribes, and institutions and
organizations to carry out the purposes of this
subsection, subject to the requirement that the Tribe
shall be a party to any cooperative agreement entered
into under this subparagraph.
(4) Management plan.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall
develop a management plan for the Conservation Area.
(B) Consultation.--In developing the management
plan required under subparagraph (A), the Secretary
shall consult with--
(i) appropriate State, Tribal, and local
governmental entities; and
(ii) members of the public.
(C) Requirements.--The management plan developed
under subparagraph (A) shall--
(i) describe the appropriate uses and
management of the Conservation Area;
(ii) incorporate, as appropriate, decisions
contained in any other management or activity
plan for the land in or adjacent to the
Conservation Area;
(iii) take into consideration any
information developed in studies of the land
and resources in or adjacent to the
Conservation Area; and
(iv) provide for a cooperative agreement
with the Tribe to address the historical,
archaeological, and cultural values of the
Conservation Area.
(5) Withdrawal.--
(A) In general.--Subject to valid existing rights,
all public land in the Conservation Area is withdrawn
from--
(i) all forms of entry, appropriation, and
disposal under the public land laws;
(ii) location, entry, and patent under the
mining laws; and
(iii) disposition under all laws relating
to mineral and geothermal leasing or mineral
materials.
(B) Additional land.--If the Secretary acquires
mineral or other interests in a parcel of land within
the Conservation Area after the date of enactment of
this Act, the parcel is withdrawn from operation of the
laws referred to in subparagraph (A) on the date of
acquisition of the parcel.
(6) Hunting, fishing, and trapping.--
(A) In general.--Subject to subparagraph (B),
nothing in this subsection affects the jurisdiction of
the State of Nevada with respect to fish and wildlife,
including hunting, fishing, and trapping in the
Conservation Area.
(B) Limitations.--
(i) Regulations.--The Secretary may
designate by regulation areas in which, and
establish periods during which, no hunting,
fishing, or trapping will be permitted in the
Conservation Area, for reasons of public
safety, administration, or compliance with
applicable laws.
(ii) Consultation required.--Except in an
emergency, the Secretary shall consult with the
appropriate State agency and notify the public
before taking any action under clause (i).
(7) Grazing.--In the case of land included in the
Conservation Area on which the Secretary permitted, as of the
date of enactment of this Act, livestock grazing, the livestock
grazing shall be allowed to continue, subject to applicable
laws (including regulations).
(8) No buffer zones.--
(A) In general.--Nothing in this subsection creates
a protective perimeter or buffer zone around the
Conservation Area.
(B) Activities outside conservation area.--The fact
that an activity or use on land outside the
Conservation Area can be seen or heard within the
Conservation Area shall not preclude the activity or
use outside the boundary of the Conservation Area.
(9) Military overflights.--Nothing in this subsection
restricts or precludes--
(A) low-level overflights of military aircraft over
the Conservation Area, including military overflights
that can be seen or heard within the Conservation Area;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of
special use airspace, or the establishment of military
flight training routes, over the Conservation Area.
(10) Effect on water rights.--Nothing in this subsection
constitutes an express or implied reservation of any water
rights with respect to the Conservation Area.
SEC. 2904. COLLABORATION WITH STATE AND COUNTY.
It is the sense of Congress that the Secretary of the Navy and
Secretary of the Interior should collaborate with the State of Nevada,
Churchill County, Nevada, the city of Fallon, Nevada, and affected
Indian tribes with the goal of preventing catastrophic wildfire and
resource damage in the land withdrawn or owned within the Fallon Range
Training Complex.
SEC. 2905. WILDERNESS AREAS IN CHURCHILL COUNTY, NEVADA.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by subsection (b)(1).
(b) Additions to National Wilderness Preservation System.--
(1) Additions.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following parcels of Federal land in
Churchill County, Nevada, are designated as wilderness and as
components of the National Wilderness Preservation System:
(A) Clan alpine mountains wilderness.--Certain
Federal land managed by the Bureau of Land Management,
comprising approximately 128,362 acres, as generally
depicted on the map entitled ``Churchill County
Proposed Fallon Range Training Complex Modernization
and Lands Bill'' and dated November 30, 2022, which
shall be known as the ``Clan Alpine Mountains
Wilderness''.
(B) Desatoya mountains wilderness.--Certain Federal
land managed by the Bureau of Land Management,
comprising approximately 32,537 acres, as generally
depicted on the map entitled ``Churchill County
Proposed Fallon Range Training Complex Modernization
and Lands Bill'' and dated November 30, 2022, which
shall be known as the ``Desatoya Mountains
Wilderness''.
(C) Cain mountain wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 7,664 acres, as generally depicted on the
map entitled ``Churchill County Proposed Fallon Range
Training Complex Modernization and Lands Bill'' and
dated November 30, 2022, which shall be known as the
``Cain Mountain Wilderness''.
(2) Boundary.--The boundary of any portion of a wilderness
area that is bordered by a road shall be at least 150 feet from
the edge of the road.
(3) Map and legal description.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
prepare a map and legal description of each wilderness
area.
(B) Effect.--Each map and legal description
prepared under subparagraph (A) shall have the same
force and effect as if included in this section, except
that the Secretary may correct clerical and
typographical errors in the map or legal description.
(C) Availability.--Each map and legal description
prepared under subparagraph (A) shall be on file and
available for public inspection in the appropriate
offices of the Bureau of Land Management.
(4) Withdrawal.--Subject to valid existing rights, each
wilderness area is withdrawn from--
(A) all forms of entry, appropriation, and disposal
under the public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) operation of the mineral leasing and geothermal
leasing laws.
(c) Management.--Subject to valid existing rights, each wilderness
area shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date of that
Act shall be considered to be a reference to the date of
enactment of this Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(d) Livestock.--The grazing of livestock in a wilderness area
administered by the Bureau of Land Management, if established as of the
date of enactment of this Act, shall be allowed to continue, subject to
such reasonable regulations, policies, and practices as the Secretary
considers necessary, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(House Report 101-405).
(e) Incorporation of Acquired Land and Interests.--Any land or
interest in land within the boundaries of a wilderness area that is
acquired by the United States after the date of enactment of this Act
shall be added to and administered as part of the wilderness area
within which the acquired land or interest is located.
(f) Water Rights.--
(1) Findings.--Congress finds that--
(A) the wilderness areas--
(i) are located in the semiarid region of
the Great Basin region; and
(ii) include ephemeral and perennial
streams;
(B) the hydrology of the wilderness areas is
predominantly characterized by complex flow patterns
and alluvial fans with impermanent channels;
(C) the subsurface hydrogeology of the region in
which the wilderness areas are located is characterized
by--
(i) groundwater subject to local and
regional flow gradients; and
(ii) unconfined and artesian conditions;
(D) the wilderness areas are generally not suitable
for use or development of new water resource
facilities; and
(E) because of the unique nature and hydrology of
the desert land in the wilderness areas, it is possible
to provide for proper management and protection of the
wilderness areas and other values of land in ways
different from those used in other laws.
(2) Statutory construction.--Nothing in this subsection--
(A) constitutes an express or implied reservation
by the United States of any water or water rights with
respect to the wilderness areas;
(B) affects any water rights in the State of Nevada
(including any water rights held by the United States)
in existence on the date of enactment of this Act;
(C) establishes a precedent with regard to any
future wilderness designations;
(D) affects the interpretation of, or any
designation made under, any other Act; or
(E) limits, alters, modifies, or amends any
interstate compact or equitable apportionment decree
that apportions water among and between the State of
Nevada and other States.
(3) Nevada water law.--The Secretary shall follow the
procedural and substantive requirements of Nevada State law in
order to obtain and hold any water rights not in existence on
the date of enactment of this Act with respect to the
wilderness areas.
(4) New projects.--
(A) Definition of water resource facility.--
(i) In general.--In this paragraph, the
term ``water resource facility'' means
irrigation and pumping facilities, reservoirs,
water conservation works, aqueducts, canals,
ditches, pipelines, wells, hydropower projects,
transmission and other ancillary facilities,
and other water diversion, storage, and
carriage structures.
(ii) Exclusion.--In this paragraph, the
term ``water resource facility'' does not
include wildlife guzzlers.
(B) Restriction on new water resource facilities.--
Except as otherwise provided in this section, on and
after the date of enactment of this Act, neither the
President nor any other officer, employee, or agent of
the United States shall fund, assist, authorize, or
issue a license or permit for the development of any
new water resource facility within a wilderness area.
(g) Wildfire, Insects, and Disease.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may
take such measures in a wilderness area as are necessary for the
control of fire, insects, and diseases (including, as the Secretary
determines to be appropriate, the coordination of the activities with a
State or local agency).
(h) Data Collection.--Subject to such terms and conditions as the
Secretary may prescribe, nothing in this section precludes the
installation and maintenance of hydrologic, meteorological, or
climatological collection devices in a wilderness area, if the
Secretary determines that the devices and access to the devices are
essential to flood warning, flood control, or water reservoir operation
activities.
(i) Military Overflights.--Nothing in this section restricts or
precludes--
(1) low-level overflights of military aircraft over a
wilderness area, including military overflights that can be
seen or heard within a wilderness area;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over a wilderness area.
(j) Wildlife Management.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this chapter
affects or diminishes the jurisdiction of the State of Nevada
with respect to fish and wildlife management, including the
regulation of hunting, fishing, and trapping, in the wilderness
areas.
(2) Management activities.--In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131 et seq.),
the Secretary may conduct any management activities in the
wilderness areas that are necessary to maintain or restore fish
and wildlife populations and the habitats to support the
populations, if the activities are carried out--
(A) consistent with relevant wilderness management
plans; and
(B) in accordance with--
(i) the Wilderness Act (16 U.S.C. 1131 et
seq.); and
(ii) appropriate policies, such as those
set forth in Appendix B of the report of the
Committee on Interior and Insular Affairs of
the House of Representatives accompanying H.R.
2570 of the 101st Congress (House Report 101-
405), including the occasional and temporary
use of motorized vehicles, if the use, as
determined by the Secretary, would promote
healthy, viable, and more naturally distributed
wildlife populations that would enhance
wilderness values with the minimal impact
necessary to reasonably accomplish those tasks.
(3) Existing activities.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in
accordance with appropriate policies such as those set forth in
Appendix B of the Committee on Interior and Insular Affairs of
the House of Representatives accompanying H.R. 2570 of the
101st Congress (House Report 101-405), the State may continue
to use aircraft (including helicopters) to survey, capture,
transplant, monitor, and provide water for wildlife
populations.
(4) Wildlife water development projects.--Subject to
subsection (f), the Secretary shall authorize structures and
facilities, including existing structures and facilities, for
wildlife water development projects, including guzzlers, in the
wilderness areas if--
(A) the structures and facilities would, as
determined by the Secretary, enhance wilderness values
by promoting healthy, viable, and more naturally
distributed wildlife populations; and
(B) the visual impacts of the structures and
facilities on the wilderness areas can reasonably be
minimized.
(5) Hunting, fishing, and trapping.--
(A) In general.--The Secretary may designate areas
in which, and establish periods during which, for
reasons of public safety, administration, or compliance
with applicable laws, no hunting, fishing, or trapping
will be permitted in the wilderness areas.
(B) Consultation.--Except in emergencies, the
Secretary shall consult with the appropriate State
agency and notify the public before taking any action
under subparagraph (A).
(6) Cooperative agreement.--
(A) In general.--The State of Nevada, including a
designee of the State, may conduct wildlife management
activities in the wilderness areas--
(i) in accordance with the terms and
conditions specified in the cooperative
agreement between the Secretary and the State
entitled ``Memorandum of Understanding between
the Bureau of Land Management and the Nevada
Department of Wildlife Supplement No. 9'' and
signed November and December 2003, including
any amendments to the cooperative agreement
agreed to by the Secretary and the State of
Nevada; and
(ii) subject to all applicable laws
(including regulations).
(B) References.--For the purposes of this
subsection, any references to Clark County, Nevada, in
the cooperative agreement described this paragraph
shall be considered to be a reference to Churchill or
Lander County, Nevada, as applicable.
SEC. 2906. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)), the public land in Churchill County, Nevada, that is
administered by the Bureau of Land Management in the following areas
has been adequately studied for wilderness designation:
(1) The Stillwater Range Wilderness Study Area.
(2) The Job Peak Wilderness Study Area.
(3) The Clan Alpine Mountains Wilderness Study Area.
(4) That portion of the Augusta Mountains Wilderness Study
Area located in Churchill County, Nevada.
(5) That portion of the Desatoya Mountains Wilderness Study
Area located in Churchill County, Nevada.
(6) Any portion of any other wilderness study area located
in Churchill County, Nevada, that is not a wilderness area.
(b) Release.--The portions of the public land described in
subsection (a) not designated as wilderness by section 2905(b)--
(1) are no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2) shall be managed in accordance with--
(A) land management plans adopted under section 202
of that Act (43 U.S.C. 1712); and
(B) existing cooperative conservation agreements.
SEC. 2907. LAND CONVEYANCES AND EXCHANGES.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the city of Fallon,
Nevada.
(2) Public purpose.--The term ``public purpose'' includes
any of the following:
(A) The construction and operation of a new fire
station for Churchill County, Nevada.
(B) The operation or expansion of an existing
wastewater treatment facility for Churchill County,
Nevada.
(C) The operation or expansion of existing gravel
pits and rock quarries of Churchill County, Nevada.
(D) The operation or expansion of an existing City
landfill.
(b) Public Purpose Conveyances.--
(1) In general.--Notwithstanding section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712), the
Secretary of the Interior shall convey, subject to valid
existing rights and paragraph (2), for no consideration, all
right, title, and interest of the United States in
approximately 6,892 acres of Federal land to Churchill County,
Nevada, and 212 acres of land to the City identified as
``Public Purpose Conveyances to Churchill County and City of
Fallon'' on the map entitled ``Churchill County Proposed Fallon
Range Training Complex Modernization and Lands Bill'' and dated
November 30, 2022.
(2) Use.--Churchill County, Nevada, and the City shall use
the Federal land conveyed under paragraph (1) for public
purposes and the construction and operation of public
recreational facilities.
(3) Reversionary interest.--If a parcel of Federal land
conveyed to Churchill County, Nevada, under paragraph (1)
ceases to be used for public recreation or other public
purposes consistent with the Act of June 14, 1926 (commonly
known as the ``Recreation and Public Purposes Act''; 43 U.S.C.
869 et seq.), the parcel of Federal land shall, at the
discretion of the Secretary of the Interior, revert to the
United States.
(4) Gravel pit and rock quarry access.--Churchill County,
Nevada, shall provide at no cost to the Department of the
Interior access to and use of any existing gravel pits and rock
quarries conveyed to Churchill County, Nevada, under this
section.
(c) Exchange.--The Secretary of the Interior shall seek to enter
into an agreement for an exchange with Churchill County, Nevada, for
the land identified as ``Churchill County Conveyance to the Department
of Interior'' in exchange for the land administered by the Secretary of
the Interior identified as ``Department of Interior Conveyance to
Churchill County'' on the map entitled ``Churchill County Proposed
Fallon Range Training Complex Modernization and Lands Bill'' and dated
November 30, 2022.
SEC. 2908. CHECKERBOARD RESOLUTION.
(a) In General.--The Secretary of the Interior, in consultation
with Churchill County, Nevada, and landowners in Churchill County,
Nevada, and after providing an opportunity for public comment, shall
seek to consolidate Federal land and non-Federal land ownership in
Churchill County, Nevada.
(b) Land Exchanges.--
(1) Land exchange authority.--To the extent practicable,
the Secretary of the Interior shall offer to exchange land
identified for exchange under paragraph (3) for private land in
Churchill County, Nevada, that is adjacent to Federal land in
Churchill County, Nevada, if the exchange would consolidate
land ownership and facilitate improved land management in
Churchill County, Nevada, as determined by the Secretary of the
Interior.
(2) Applicable law.--Except as otherwise provided in this
section, a land exchange under this section shall be conducted
in accordance with--
(A) section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716); and
(B) any other applicable law.
(3) Identification of federal land for exchange.--The
Secretary of the Interior shall identify appropriate Federal
land in Churchill County, Nevada, to offer for exchange from
Federal land identified as potentially suitable for disposal in
an applicable resource management plan and managed by--
(A) the Commissioner of Reclamation; or
(B) the Director of the Bureau of Land Management.
(c) Equal Value Land Exchanges.--
(1) In general.--Land to be exchanged under this section
shall be of equal value, based on appraisals prepared in
accordance with--
(A) the Uniform Standards for Professional Land
Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(2) Use of mass appraisals.--
(A) In general.--Subject to subparagraph (B), the
Secretary of the Interior may use a mass appraisal to
determine the value of land to be exchanged under this
section, if the Secretary of the Interior determines
that the land to be subject to the mass appraisal is of
similar character and value.
(B) Exclusion.--The Secretary of the Interior shall
exclude from a mass appraisal under subparagraph (A)
any land, the value of which is likely to exceed $250
per acre, as determined by the Secretary of the
Interior.
(C) Availability.--The Secretary of the Interior
shall make the results of a mass appraisal conducted
under subparagraph (A) available to the public.
(d) Funding Eligibility.--Section 4(e)(3)(A) of the Southern Nevada
Public Land Management Act of 1998 (Public Law 105-263; 31 U.S.C. 6901
note) is amended--
(1) in clause (iv) by inserting ``Churchill,'' after
``Lincoln,'';
(2) in clause (x) by striking ``Nevada; and'' and inserting
``Nevada;'';
(3) in clause (xi) by striking ``paragraph (2)(A).'' and
inserting ``paragraph (2)(A); and''; and
(4) by adding at the end the following:
``(xii) reimbursement of costs incurred by
the Secretary in the identification,
implementation, and consolidation of Federal
and non-Federal lands in Churchill County in
accordance with section 2908 of division B of
the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023.''.
Subtitle B--Lander County Economic Development and Conservation
SEC. 2911. DEFINITIONS.
In this subtitle:
(1) County.--The term ``County'' means Lander County,
Nevada.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Nevada.
PART I--LANDER COUNTY PUBLIC PURPOSE LAND CONVEYANCES
SEC. 2921. DEFINITIONS.
In this part:
(1) Map.--The term ``Map'' means the map entitled ``Lander
County Selected Lands'' and dated August 4, 2020.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary, with respect to land under the
jurisdiction of the Secretary; and
(B) the Secretary of Agriculture, acting through
the Chief of the Forest Service, with respect to
National Forest System land.
SEC. 2922. CONVEYANCES TO LANDER COUNTY, NEVADA.
(a) Conveyance for Watershed Protection, Recreation, and Parks.--
Notwithstanding the land use planning requirements of sections 202 and
203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712, 1713), not later than 60 days after the date on which the County
identifies and selects the parcels of Federal land for conveyance to
the County from among the parcels identified on the Map as ``Lander
County Parcels BLM and USFS'' and dated August 4, 2020, the Secretary
concerned shall convey to the County, subject to valid existing rights
and for no consideration, all right, title, and interest of the United
States in and to the identified parcels of Federal land (including
mineral rights) for use by the County for watershed protection,
recreation, and parks.
(b) Conveyance for Airport Facility.--
(1) In general.--Notwithstanding the land use planning
requirements of sections 202 and 203 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712, 1713), the
Secretary concerned shall convey to the County, subject to
valid existing rights, including mineral rights, all right,
title, and interest of the United States in and to the parcels
of Federal land identified on the Map as ``Kingston Airport''
for the purpose of improving the relevant airport facility and
related infrastructure.
(2) Costs.--The only costs for the conveyance to be paid by
the County under paragraph (1) shall be the survey costs
relating to the conveyance.
(c) Survey.--The exact acreage and legal description of any parcel
of Federal land to be conveyed under subsection (a) or (b) shall be
determined by a survey satisfactory to the Secretary concerned and the
County.
(d) Reversionary Interest.--If a parcel of Federal land conveyed to
the County under subsections (a) or (b) ceases to be used for public
recreation or other public purposes consistent with the Act of June 14,
1926 (commonly known as the ``Recreation and Public Purposes Act''; 43
U.S.C. 869 et seq.), the parcel of Federal land shall, at the
discretion of the Secretary of the Interior, revert to the United
States.
(e) Map, Acreage Estimates, and Legal Descriptions.--
(1) Minor errors.--The Secretary concerned and the County
may, by mutual agreement--
(A) make minor boundary adjustments to the parcels
of Federal land to be conveyed under subsection (a) or
(b); and
(B) correct any minor errors in--
(i) the Map; or
(ii) an acreage estimate or legal
description of any parcel of Federal land
conveyed under subsection (a) or (b).
(2) Conflict.--If there is a conflict between the Map, an
acreage estimate, or a legal description of Federal land
conveyed under subsection (a) or (b), the Map shall control
unless the Secretary concerned and the County mutually agree
otherwise.
(3) Availability.--The Secretary shall make the Map
available for public inspection in--
(A) the Office of the Nevada State Director of the
Bureau of Land Management; and
(B) the Bureau of Land Management Battle Mountain
Field Office.
PART II--LANDER COUNTY WILDERNESS AREAS
SEC. 2931. DEFINITIONS.
In this part:
(1) Map.--The term ``Map'' means the map entitled ``Lander
County Wilderness Areas Proposal'' and dated April 19, 2021.
(2) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by section 2932(a).
SEC. 2932. DESIGNATION OF WILDERNESS AREAS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following land in the State of Nevada is designated
as wilderness and as components of the National Wilderness Preservation
System:
(1) Cain mountain wilderness.--Certain Federal land managed
by the Director of the Bureau of Land Management, comprising
approximately 6,386 acres, generally depicted as ``Cain
Mountain Wilderness'' on the Map, which shall be part of the
Cain Mountain Wilderness designated by section 2905(b) of this
title.
(2) Desatoya mountains wilderness.--Certain Federal land
managed by the Director of the Bureau of Land Management,
comprising approximately 7,766 acres, generally depicted as
``Desatoya Mountains Wilderness'' on the Map, which shall be
part of the Desatoya Mountains Wilderness designated by section
2905(b) of this title.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file with, and make
available for inspection in, the appropriate offices of the
Bureau of Land Management, a map and legal description of each
wilderness area.
(2) Effect.--Each map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this chapter, except that the Secretary may correct
clerical and typographical errors in the map or legal
description.
(c) Administration of Wilderness Areas.--The wilderness areas
designated in subsection (a) shall be administered in accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.) and the wilderness
management provisions in section 2905 of this title.
SEC. 2933. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)), the following public land in the County has been adequately
studied for wilderness designation:
(1) The approximately 10,777 acres of the Augusta Mountain
Wilderness Study Area within the County that has not been
designated as wilderness by section 2902(a) of this title.
(2) The approximately 1,088 acres of the Desatoya
Wilderness Study Area within the County that has not been
designated as wilderness by section 2902(a) of this title.
(b) Release.--The public land described in subsection (a)--
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2) shall be managed in accordance with the applicable land
use plans adopted under section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712).
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Requirements for specific request for new or modified
nuclear weapons.
Sec. 3112. Modifications to long-term plan for meeting national
security requirements for unencumbered
uranium.
Sec. 3113. Modification of minor construction threshold for plant
projects.
Sec. 3114. Update to plan for deactivation and decommissioning of
nonoperational defense nuclear facilities.
Sec. 3115. Use of alternative technologies to eliminate proliferation
threats at vulnerable sites.
Sec. 3116. Unavailability for overhead costs of amounts specified for
laboratory-directed research and
development.
Sec. 3117. Workforce enhancement for National Nuclear Security
Administration.
Sec. 3118. Modification of cost baselines for certain projects.
Sec. 3119. Purchase of real property options.
Sec. 3120. Prohibition on availability of funds to reconvert or retire
W76-2 warheads.
Sec. 3121. Acceleration of depleted uranium manufacturing processes.
Sec. 3122. Assistance by the National Nuclear Security Administration
to the Air Force for the development of the
Mark 21A fuse.
Sec. 3123. Determination of standardized indirect cost elements.
Sec. 3124. Certification of completion of milestones with respect to
plutonium pit aging.
Sec. 3125. National Nuclear Security Administration facility advanced
manufacturing development.
Sec. 3126. Authorization of workforce development and training
partnership programs within National
Nuclear Security Administration.
Subtitle C--Reports and Other Matters
Sec. 3131. Modification to certain reporting requirements.
Sec. 3132. Repeal of obsolete provisions of the Atomic Energy Defense
Act and other provisions.
Subtitle A--National Security Programs and Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2023 for
the activities of the National Nuclear Security Administration in
carrying out programs as specified in the funding table in section
4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for the National
Nuclear Security Administration as follows:
Project 23-D-516, Energetic Materials Characterization
Facility, Los Alamos National Laboratory, Los Alamos, New
Mexico, $19,000,000.
Project 23-D-517, Electrical Power Capacity Upgrade, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$24,000,000.
Project 23-D-518, Plutonium Modernization Operations &
Waste Management Office Building, Los Alamos National
Laboratory, Los Alamos, New Mexico, $48,500,000.
Project 23-D-519, Special Materials Facility, Y-12 National
Security Complex, Oak Ridge, Tennessee, $49,500,000.
Project 23-D-533, Component Test Complex Project, Bettis
Atomic Power Laboratory, West Mifflin, Pennsylvania,
$57,420,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2023 for
defense environmental cleanup activities in carrying out programs as
specified in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out, for defense environmental cleanup
activities, the following new plant projects:
Project 23-D-402, Calcine Construction, Idaho National
Laboratory, Idaho Falls, Idaho, $10,000,000.
Project 23-D-403, Hanford 200 West Area Tank Farms Risk
Management Project, Office of River Protection, Richland,
Washington, $4,408,000.
Project 23-D-404, 181D Export Water System Reconfiguration
and Upgrade, Hanford Site, Richland, Washington, $6,770,000.
Project 23-D-405, 181B Export Water System Reconfiguration
and Upgrade, Hanford Site, Richland, Washington, $480,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2023 for other defense activities in carrying
out programs as specified in the funding table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2023 for nuclear energy as specified in the
funding table in section 4701.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. REQUIREMENTS FOR SPECIFIC REQUEST FOR NEW OR MODIFIED
NUCLEAR WEAPONS.
Section 4209 of the Atomic Energy Defense Act (50 U.S.C. 2529) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``beyond phase 1
or phase 6.1 (as the case may be) of the nuclear weapon
acquisition process'' after ``modified nuclear
weapon''; and
(B) in paragraph (2), by striking ``research and
development which could lead to the production'' both
places it appears and inserting ``research and
development for the production'';
(2) by striking subsection (b) and inserting the following
new subsection:
``(b) Budget Request Format.--In a request for funds under
subsection (a), the Secretary shall include a dedicated line item for
each activity described in subsection (a)(2) for a new nuclear weapon
or modified nuclear weapon that is in phase 2 or higher or phase 6.2 or
higher (as the case may be) of the nuclear weapon acquisition
process.''; and
(3) by striking subsection (c) and inserting the following
new subsection:
``(c) Notification and Briefing of Noncovered Activities.--In any
fiscal year after fiscal year 2022, the Secretary of Energy, acting
through the Administrator, in conjunction with the annual submission of
the budget of the President to Congress pursuant to section 1105 of
title 31, United States Code, shall notify the congressional defense
committees of--
``(1) any activities described in subsection (a)(2)
relating to the development of a new nuclear weapon or modified
nuclear weapon that, during the calendar year prior to the
budget submission, were carried out prior to phase 2 or phase
6.2 (as the case may be) of the nuclear weapon acquisition
process; and
``(2) any plans to carry out, prior to phase 2 or phase 6.2
(as the case may be) of the nuclear weapon acquisition process,
activities described in subsection (a)(2) relating to the
development of a new nuclear weapon or modified nuclear weapon
during the fiscal year covered by that budget.''.
SEC. 3112. MODIFICATIONS TO LONG-TERM PLAN FOR MEETING NATIONAL
SECURITY REQUIREMENTS FOR UNENCUMBERED URANIUM.
(a) Timing.--Subsection (a) of section 4221 of the Atomic Energy
Defense Act (50 U.S.C. 2538c) is amended--
(1) by striking ``each even-numbered year through 2026''
and inserting ``each odd-numbered year through 2031''; and
(2) by striking ``2065'' and inserting ``2070''.
(b) Plan Requirements.--Subsection (b) of such section is amended--
(1) in paragraph (3), by inserting ``through 2070'' after
``unencumbered uranium'';
(2) by redesignating paragraphs (4) through (8) as
paragraphs (5) through (9), respectively;
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) An assessment of current and projected unencumbered
uranium production by private industry in the United States
that could support future defense requirements.''; and
(4) by striking paragraphs (8) and (9), as so redesignated,
and inserting the following new paragraphs:
``(8) An assessment of--
``(A) when additional enrichment of uranium will be
required to meet national security requirements; and
``(B) the options the Secretary is considering to
meet such requirements, including an estimated cost and
timeline for each option and a description of any
changes to policy or law that the Secretary determines
would be required for each option.
``(9) An assessment of how options to provide additional
enriched uranium to meet national security requirements could,
as an additional benefit, contribute to the establishment of a
sustained domestic enrichment capacity and allow the commercial
sector of the United States to reduce reliance on importing
uranium from adversary countries.''.
(c) Comptroller General Review.--Such section is further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Comptroller General Briefing.--Not later than 180 days after
the date on which the congressional defense committees receive each
plan under subsection (a), the Comptroller General of the United States
shall provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing that includes an assessment
of the plan.''.
SEC. 3113. MODIFICATION OF MINOR CONSTRUCTION THRESHOLD FOR PLANT
PROJECTS.
(a) Threshold.--Paragraph (2) of section 4701 of the Atomic Energy
Defense Act (50 U.S.C. 2741(2)) is amended to read as follows:
``(2)(A) Except as provided by subparagraphs (B) and (C),
the term `minor construction threshold' means $30,000,000.
``(B) During the period beginning on the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2023 and ending on November 30, 2025, the Administrator
may calculate the amount specified in subparagraph (A) based on
fiscal year 2022 constant dollars if the Administrator--
``(i) submits to the congressional defense
committees a report on the method used by the
Administrator to calculate the adjustment;
``(ii) a period of 30 days elapses following the
date of such submission; and
``(iii) publishes the adjusted amount in the
Federal Register.
``(C) Beginning on December 1, 2025, the term `minor
construction threshold' means--
``(i) $30,000,000; or
``(ii) if the Administrator calculated a different
amount pursuant to subparagraph (B), the last such
calculated amount as published in the Federal Register
under clause (iii) of such subparagraph.''.
(b) Reports.--Section 4703(b) of such Act (50 U.S.C. 2743) is
amended by adding at the end the following: ``The report shall include
with respect to each project the following:''
``(1) The estimated original total project cost and the
estimated original date of completion.
``(2) The percentage of the project that is complete.
``(3) The current estimated total project cost and
estimated date of completion.''.
SEC. 3114. UPDATE TO PLAN FOR DEACTIVATION AND DECOMMISSIONING OF
NONOPERATIONAL DEFENSE NUCLEAR FACILITIES.
Section 4423 of the Atomic Energy Defense Act (50 U.S.C. 2603) is
amended--
(1) in subsection (a), by striking ``during each even-
numbered year beginning in 2016''; and inserting ``every four
years beginning in 2025'';
(2) in subsection (c)--
(A) by striking ``2016'' and inserting ``2025'';
(B) by striking ``2019'' and inserting ``2029'';
and
(C) by striking ``determines--'' and all that
follows and inserting ``determines are nonoperational
as of September 30, 2024.'';
(3) in subsection (d)--
(A) by striking ``Not later than March 31 of each
even-numbered year beginning in 2016'' and inserting
``Not later than March 31, 2025, and every four years
thereafter,'';
(B) by striking ``submitting during 2016'' and
inserting ``submitted during 2025''; and
(C) by striking paragraph (4) and inserting the
following new paragraph:
``(4) a description of the deactivation and decommissioning
actions taken at each nonoperational defense nuclear facility
during the period following the date on which the previous
report required by this section was submitted.''; and
(4) in subsection (e), by striking ``2026'' and inserting
``2033''.
SEC. 3115. USE OF ALTERNATIVE TECHNOLOGIES TO ELIMINATE PROLIFERATION
THREATS AT VULNERABLE SITES.
Section 4306B of the Atomic Energy Defense Act (50 U.S.C. 2569) is
amended--
(1) in subsection (c)(1)(M)(ii), by inserting ``(including
through the use of alternative technologies)'' after
``convert''; and
(2) in subsection (g), by adding at the end the following
new paragraph:
``(7) The term `alternative technologies' means
technologies, such as accelerator-based equipment, that do not
use radiological materials.''.
SEC. 3116. UNAVAILABILITY FOR OVERHEAD COSTS OF AMOUNTS SPECIFIED FOR
LABORATORY-DIRECTED RESEARCH AND DEVELOPMENT.
(a) In General.--Section 4812 of the Atomic Energy Defense Act (50
U.S.C. 2792) is amended by adding at the end the following new
subsection:
``(c) Limitation on Use of Funds for Overhead.--A national security
laboratory may not use funds made available under section 4811(c) to
cover the costs of general and administrative overhead for the
laboratory.''.
(b) Repeal of Pilot Program.--Section 3119 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 50 U.S.C.
2791 note) is repealed.
SEC. 3117. WORKFORCE ENHANCEMENT FOR NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) Elimination of Cap on Full-time Equivalent Employees of the
National Nuclear Security Administration.--Section 3241A of the
National Nuclear Security Administration Act (50 U.S.C. 2441a) is
amended--
(1) by striking subsections (a) and (c);
(2) by redesignating subsections (d), (e), and (f) as
subsections (a), (b), and (c), respectively; and
(3) by redesignating the first subsection (b) as subsection
(d) and moving the subsection so as to appear after subsection
(c), as redesignated by paragraph (2).
(b) Annual Briefing.--Subsection (c) of such section, as so
redesignated, is amended to read as follows:
``(c) Annual Briefing.--In conjunction with the submission of the
budget of the President to Congress pursuant to section 1105 of title
31, United States Code, the Administrator shall provide to the
congressional defense committees a briefing containing the following
information:
``(1) A projection of the expected number of employees of
the Office of the Administrator, as counted under subsection
(d), for the fiscal year covered by the budget and the four
subsequent fiscal years, broken down by the office in which the
employees are projected to be assigned.
``(2) With respect to the most recent fiscal year for which
data is available--
``(A) the number of service support contracts of
the Administration and whether such contracts are
funded using program or program direction funds;
``(B) the number of full-time equivalent contractor
employees working under each contract identified under
subparagraph (A);
``(C) the number of full-time equivalent contractor
employees described in subparagraph (B) that have been
employed under such a contract for a period greater
than two years;
``(D) with respect to each contract identified
under subparagraph (A)--
``(i) identification of each appropriations
account that supports the contract; and
``(ii) the amount obligated under the
contract during the fiscal year, listed by each
such account; and
``(E) with respect to each appropriations account
identified under subparagraph (D)(i), the total amount
obligated for contracts identified under subparagraph
(A).''.
(c) Conforming Amendment.--Subsection (d) of such section, as
redesignated by subsection (a), is amended by striking ``under
subsection (a)'' each place it appears and inserting ``under subsection
(c)''.
SEC. 3118. MODIFICATION OF COST BASELINES FOR CERTAIN PROJECTS.
Section 4713(a) of the Atomic Energy Defense Act (50 U.S.C.
2753(a)) is amended--
(1) in paragraph (2)(D), by striking ``$750,000,000'' and
inserting ``$800,000,000'';
(2) in paragraph (3)(A)(i), by striking ``$50,000,000'' and
inserting ``$65,000,000''; and
(3) in paragraph (4)(A)(i), by striking ``$50,000,000'' and
inserting ``$65,000,000''.
SEC. 3119. PURCHASE OF REAL PROPERTY OPTIONS.
Subtitle E of the National Nuclear Security Administration Act (50
U.S.C. 2461 et seq.) is amended by adding at the end the following new
section (and conforming the table of contents at the beginning of such
Act accordingly):
``SEC. 3265. USE OF FUNDS FOR THE PURCHASE OF OPTIONS TO PURCHASE REAL
PROPERTY.
``(a) Authority.--Subject to the limitation in subsection (b),
funds authorized to be appropriated for the Administration for the
purchase of real property may be expended to purchase options for the
purchase of real property.
``(b) Limitation on Price of Options.--The price of any option
purchased pursuant to subsection (a) may not exceed the minor
construction threshold (as defined in section 4701 of the Atomic Energy
Defense Act (50 U.S.C. 2741)).
``(c) Notice.--Not later than 14 days after the date an option is
purchased pursuant to subsection (a), the Administrator shall submit to
the congressional defense committees--
``(1) a notification of such purchase; and
``(2) a summary of the rationale for such purchase.''.
SEC. 3120. PROHIBITION ON AVAILABILITY OF FUNDS TO RECONVERT OR RETIRE
W76-2 WARHEADS.
(a) Prohibition.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2023 for the National Nuclear Security
Administration may be obligated or expended to reconvert or retire a
W76-2 warhead.
(b) Waiver.--The Administrator for Nuclear Security may waive the
prohibition in subsection (a) if the Administrator, in consultation
with the Secretary of Defense and the Chairman of the Joint Chiefs of
Staff, certifies in writing to the congressional defense committees--
(1) that Russia and China do not possess naval capabilities
similar to the W76-2 warhead in the active stockpiles of the
respective country; and
(2) that the Department of Defense does not have a valid
military requirement for the W76-2 warhead.
SEC. 3121. ACCELERATION OF DEPLETED URANIUM MANUFACTURING PROCESSES.
(a) Acceleration of Manufacturing.--The Administrator for Nuclear
Security shall require the nuclear security enterprise to accelerate
the modernization of manufacturing processes for depleted uranium by
2030 so that the nuclear security enterprise--
(1) demonstrates bulk cold hearth melting of depleted
uranium alloys to augment existing capabilities on an
operational basis for war reserve components;
(2) manufactures, on a repeatable and ongoing basis, war
reserve depleted uranium alloy components using net shape
casting;
(3) demonstrates, if possible, a production facility to
conduct routine operations for manufacturing depleted uranium
alloy components outside of the current perimeter security
fencing of the Y-12 National Security Complex, Oak Ridge,
Tennessee; and
(4) has available high purity depleted uranium for the
production of war reserve components.
(b) Annual Briefing.--Not later than March 31, 2023, and annually
thereafter through 2030, the Administrator shall provide to the
congressional defense committees a briefing on--
(1) progress made in carrying out subsection (a);
(2) the cost of activities conducted under such subsection
during the preceding fiscal year; and
(3) the ability of the nuclear security enterprise to
convert depleted uranium fluoride hexafluoride to depleted
uranium tetrafluoride.
(c) Nuclear Security Enterprise Defined.--In this section, the term
``nuclear security enterprise'' has the meaning given that term in
section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).
SEC. 3122. ASSISTANCE BY THE NATIONAL NUCLEAR SECURITY ADMINISTRATION
TO THE AIR FORCE FOR THE DEVELOPMENT OF THE MARK 21A
FUSE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Administrator for Nuclear Security shall
enter into an agreement with the Secretary of the Air Force under which
the Administrator shall support the Air Force by reviewing and
validating the development and sustainment of a fuse for the Mark 21A
reentry vehicle to support the W87-1 warhead over the projected
lifetime of the warhead, including by--
(1) acting as an external reviewer of the Mark 21A fuse,
including by reviewing--
(A) the design of the fuse;
(B) the quality of manufacturing and parts; and
(C) the life availability of components;
(2) advising and supporting the Air Force on strategies to
mitigate technical and schedule fuse risks; and
(3) otherwise ensuring the expertise of the National
Nuclear Security Administration in fuse and warhead design and
manufacturing is available to support successful development
and sustainment of the fuse over its lifetime.
(b) Budget Request.--The Administrator shall include, in the budget
justification materials submitted to Congress in support of the budget
of the Department of Energy for fiscal year 2024 (as submitted with the
budget of the President under section 1105(a) of title 31, United
States Code), a request for amounts sufficient to ensure that the
assistance provided to the Air Force under the agreement under
subsection (a) does not negatively affect ongoing nuclear modernization
programs of the Administration.
(c) Nuclear Weapons Council Review.--During the life of the
agreement under subsection (a), the Nuclear Weapons Council established
under section 179 of title 10, United States Code, shall review the
agreement as part of the annual review by the Council of the budget of
the National Nuclear Security Administration and ensure that assistance
provided under such agreement aligns with ongoing programs of record
between the Department of Defense and the National Nuclear Security
Administration.
(d) Transmittal of Agreement.--Not later than 120 days after the
date of the enactment of this Act, the Nuclear Weapons Council shall
transmit to the congressional defense committees the agreement under
subsection (a) and any comments that the Council considers appropriate.
SEC. 3123. DETERMINATION OF STANDARDIZED INDIRECT COST ELEMENTS.
(a) In General.--Not later than March 31, 2025, the Deputy Chief
Financial Officer of the Department of Energy shall, in consultation
with the Administrator for Nuclear Security and the Director of the
Office of Science, determine standardized indirect cost elements to be
reported by contractors to the Administrator.
(b) Report.--Not later than 90 days after the date that the
determination required by subsection (a) is made, the Deputy Chief
Financial Officer shall, in coordination with the Administrator and the
Director, submit to the congressional defense committees a report
describing the standardized indirect cost elements determined under
subsection (a) and a plan to require contractors to report, beginning
in fiscal year 2026, such standardized indirect cost elements to the
Administrator.
(c) Standardized Indirect Cost Elements Defined.--In this section,
the term ``standardized indirect cost elements'' means the categories
of indirect costs incurred by management and operating contractors that
receive funds to perform work for the National Nuclear Security
Administration.
SEC. 3124. CERTIFICATION OF COMPLETION OF MILESTONES WITH RESPECT TO
PLUTONIUM PIT AGING.
(a) Requirement.--The Administrator for Nuclear Security shall
complete the milestones on plutonium pit aging identified in the report
entitled ``Research Program Plan for Plutonium and Pit Aging'',
published by the National Nuclear Security Administration in September
2021.
(b) Assessments.--The Administrator shall--
(1) acting through the Defense Programs Advisory Committee,
conduct biennial reviews during the period beginning not later
than one year after the date of the enactment of this Act and
ending December 31, 2030, regarding the progress achieved
toward completing the milestones described in subsection (a);
and
(2) seek to enter into an arrangement with the private
scientific advisory group known as JASON to conduct, not later
than 2030, an assessment of plutonium pit aging.
(c) Briefings.--During the period beginning not later than one year
after the date of the enactment of this Act and ending December 31,
2030, the Administrator shall provide to the congressional defense
committees biennial briefings on--
(1) the progress achieved toward completing the milestones
described in subsection (a); and
(2) the results of the assessments described in subsection
(b).
(d) Certification of Completion of Milestones.--Not later than
October 1, 2031, the Administrator shall--
(1) certify to the congressional defense committees whether
the milestones described in subsection (a) have been achieved;
and
(2) if the milestones have not been achieved, submit to
such committees a report--
(A) describing the reasons such milestones have not
been achieved;
(B) including, if the Administrator determines the
Administration will not be able to meet one of such
milestones, an explanation for that determination; and
(C) specifying new dates for the completion of the
milestones the Administrator anticipates the
Administration will meet.
SEC. 3125. NATIONAL NUCLEAR SECURITY ADMINISTRATION FACILITY ADVANCED
MANUFACTURING DEVELOPMENT.
(a) In General.--Of the funds authorized to be appropriated by this
Act for fiscal year 2023 for the National Nuclear Security
Administration for nuclear weapons production facilities, the
Administrator for Nuclear Security may authorize an amount, not to
exceed 5 percent of such funds, to be used by the director of each such
facility to engage in research, development, and demonstration
activities in order to maintain and enhance the engineering and
manufacturing capabilities at such facility.
(b) Nuclear Weapons Production Facility Defined.--In this section,
the term ``nuclear weapons production facility'' has the meaning given
that term in section 4002 of the Atomic Energy Defense Act (50 U.S.C.
2501).
SEC. 3126. AUTHORIZATION OF WORKFORCE DEVELOPMENT AND TRAINING
PARTNERSHIP PROGRAMS WITHIN NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) Authority.--The Administrator for Nuclear Security may
authorize management and operating contractors at covered facilities to
develop and implement workforce development and training partnership
programs to further the education and training of employees or
prospective employees of such management and operating contractors to
meet the requirements of section 4219 of the Atomic Energy Defense Act
(50 U.S.C. 2538a).
(b) Capacity.--To carry out subsection (a), a management and
operating contractor at a covered facility may provide funding through
grants or other means to cover the costs of the development and
implementation of a workforce development and training partnership
program authorized under such subsection, including costs relating to
curriculum development, hiring of teachers, procurement of equipment
and machinery, use of facilities or other properties, and provision of
scholarships and fellowships.
(c) Definitions.--In this section:
(1) The term ``covered facility'' means--
(A) Los Alamos National Laboratory, Los Alamos, New
Mexico; or
(B) the Savannah River Site, Aiken, South Carolina.
(2) The term ``prospective employee'' means an individual
who has applied (or who, based on their field of study and
experience, is likely to apply) for a position of employment
with a management and operating contractor to support plutonium
pit production at a covered facility.
Subtitle C--Reports and Other Matters
SEC. 3131. MODIFICATION TO CERTAIN REPORTING REQUIREMENTS.
(a) Reports on Nuclear Warhead Acquisition Process.--Section 4223
of the Atomic Energy Defense Act (50 U.S.C. 2538e) is amended--
(1) in subsection (a)(2)(A), by striking ``submit to the
congressional defense committees a plan'' and inserting
``provide to the congressional defense committees a briefing on
a plan''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``certify to the
congressional defense committees that'' and inserting
``provide to the congressional defense committees a
briefing that includes certifications that--''; and
(B) in paragraph (2)--
(i) by inserting ``, or provide to such
committees a briefing on,'' after ``a report
containing''; and
(ii) by inserting ``or briefing, as the
case may be'' after ``date of the report''.
(b) Reports on Transfers of Civil Nuclear Technology.--Section 3136
of the National Defense Authorization Act for Fiscal Year 2016 (42
U.S.C. 2077a) is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection:
``(i) Combination of Reports.--The Secretary of Energy may submit
the annual reports required by subsections (a), (d), and (e) as a
single annual report, including by providing portions of the
information so required as an annex to the single annual report.''.
(c) Conforming Amendment.--Section 161 n. of the Atomic Energy Act
of 1954 (50 U.S.C. 2201(n)) is amended by striking ``section 3136(i) of
the National Defense Authorization Act for Fiscal Year 2016 (42 U.S.C.
2077a(i)))'' and inserting ``section 3136 of the National Defense
Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a))''.
SEC. 3132. REPEAL OF OBSOLETE PROVISIONS OF THE ATOMIC ENERGY DEFENSE
ACT AND OTHER PROVISIONS.
(a) Repeal of Provisions of the Atomic Energy Defense Act.--
(1) In general.--The Atomic Energy Defense Act (50 U.S.C.
2501 et seq.) is amended--
(A) in title XLII--
(i) in subtitle A, by striking section
4215; and
(ii) in subtitle B, by striking section
4235; and
(B) in title XLIV--
(i) in subtitle A, by striking section
4403;
(ii) in subtitle C, by striking sections
4444, 4445, and 4446; and
(iii) in subtitle D, by striking section
4454.
(2) Clerical amendment.--The table of contents for the
Atomic Energy Defense Act is amended by striking the items
relating to sections 4215, 4235, 4403, 4444, 4445, 4446, and
4454.
(b) Repeal of Other Provisions.--
(1) Authority to use international nuclear materials
protection and cooperation program funds outside the former
soviet union.--Section 3124 of the National Defense
Authorization Act for Fiscal Year 2004 (50 U.S.C. 2568) is
repealed.
(2) Silk road initiative; nuclear nonproliferation
fellowships.--Sections 3133 and 3134 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (50
U.S.C. 2570, 2571) are repealed.
(3) Requirement for research and development plan and
report with respect to nuclear forensics capabilities.--Section
3114 of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (50 U.S.C. 2574) is repealed.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Continuation of functions and powers during loss of quorum.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2023,
$41,401,400 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
SECTION 3202. CONTINUATION OF FUNCTIONS AND POWERS DURING LOSS OF
QUORUM.
Section 311(e) of the Atomic Energy Act of 1954 (42 U.S.C. 2286(e))
is amended--
(1) by striking ``Three members'' and inserting ``(1) Three
members''; and
(2) by adding at the end the following new paragraphs:
``(2) In accordance with paragraph (4), during a covered period,
the Chairperson, in consultation with an eligible member, may carry out
the functions and powers of the Board under sections 312 through 316,
notwithstanding that a quorum does not exist.
``(3) Not later than 30 days after a covered period begins, the
Chairperson shall notify the congressional defense committees that a
quorum does not exist.
``(4) The Chairperson may make recommendations to the Secretary of
Energy and initiate investigations into defense nuclear facilities
under section 312 pursuant to paragraph (2) only if--
``(A) a period of 30 days elapses following the date on
which the Chairperson submits the notification required under
paragraph (3);
``(B) not later than 30 days after making any such
recommendation or initiating any such investigation, the
Chairperson notifies the congressional defense committees of
such recommendation or investigation; and
``(C) any eligible member concurs with such recommendation
or investigation.
``(5) In this subsection:
``(A) The term `congressional defense committees' has the
meaning given such term in section 101(a) of title 10, United
States Code.
``(B) The term `covered period' means a period beginning on
the date on which a quorum specified in paragraph (1) does not
exist by reason of either or both a vacancy in the membership
of the Board or the incapacity of a member of the Board and
ending on the earlier of--
``(i) the date that is one year after such
beginning date; or
``(ii) the date on which a quorum exists.
``(C) The term `eligible member' means a member of the
Board, other than the Chairperson, serving during a covered
period and who is not incapacitated.''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $13,004,000 for fiscal year 2023 for the purpose of
carrying out activities under chapter 869 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain
available until expended.
TITLE XXXV--MARITIME ADMINISTRATION
Subtitle A--Maritime Administration
Sec. 3501. Authorization of appropriations for the Maritime
Administration.
Sec. 3502. Secretary of Transportation responsibility with respect to
cargoes procured, furnished, or financed by
other Federal departments and agencies.
Subtitle B--Merchant Marine Academy
Sec. 3511. Exemption of certain students from requirement to obtain
merchant mariner license.
Sec. 3512. Board of Visitors.
Sec. 3513. Protection of cadets from sexual assault onboard vessels.
Sec. 3514. Service academy faculty parity of use of United States
Government works.
Sec. 3515. Reports on matters relating to the United States Merchant
Marine Academy.
Sec. 3516. Study on Capital Improvement Program at the USMMA.
Sec. 3517. Requirements relating to training of Merchant Marine Academy
cadets on certain vessels.
Subtitle C--Maritime Infrastructure
Sec. 3521. United States marine highway program.
Sec. 3522. Port infrastructure development grants.
Sec. 3523. Project selection criteria for port infrastructure
development program.
Sec. 3524. Infrastructure improvements identified in the report on
strategic seaports.
Sec. 3525. GAO review of Government efforts to promote growth and
modernization of United States Merchant
Fleet.
Sec. 3526. GAO review of Federal efforts to enhance port infrastructure
resiliency and disaster preparedness.
Sec. 3527. Study on foreign investment in shipping.
Sec. 3528. Report on alternate marine fuel bunkering facilities at
ports.
Sec. 3529. Study of cybersecurity and national security threats posed
by foreign manufactured cranes at United
States ports.
Subtitle D--Maritime Workforce
Sec. 3531. Improving Protections for Midshipmen.
Sec. 3532. Maritime Technical Advancement Act.
Sec. 3533. Ensuring diverse mariner recruitment.
Sec. 3534. Low emissions vessels training.
Subtitle E--Other Matters
Sec. 3541. Waiver of navigation and vessel inspection laws.
Sec. 3542. National maritime strategy.
Sec. 3543. Maritime Environmental and Technical Assistance Program.
Sec. 3544. Definition of qualified vessel.
Sec. 3545. Establishing a capital construction fund.
Sec. 3546. Recapitalization of National Defense Reserve Fleet.
Sec. 3547. Sense of Congress on Merchant Marine.
Sec. 3548. Analysis of effects of chemicals in stormwater runoff on
Pacific salmon and steelhead.
Sec. 3549. Report on effective vessel quieting measures.
Subtitle A--Maritime Administration
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR THE MARITIME
ADMINISTRATION.
(a) Maritime Administration.--There are authorized to be
appropriated to the Department of Transportation for fiscal year 2023,
for programs associated with maintaining the United States Merchant
Marine, the following amounts:
(1) For expenses necessary to support the United States
Merchant Marine Academy, $112,848,000, of which--
(A) $87,848,000 shall be for Academy operations;
(B) $22,000,000 shall be for facilities maintenance
and repair and equipment; and
(C) $3,000,000 shall be for training, staffing,
retention, recruiting, and contract management for
United States Merchant Marine Academy capital
improvement projects.
(2) For expenses necessary to support the State maritime
academies, $53,780,000, of which--
(A) $2,400,000 shall be for the Student Incentive
Program;
(B) $6,000,000 shall be for direct payments for
State maritime academies;
(C) $6,800,000 shall be for training ship fuel
assistance;
(D) $8,080,000 shall be for offsetting the costs of
training ship sharing; and
(E) $30,500,000 shall be for maintenance and repair
of State maritime academy training vessels.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, including funds for construction
and necessary expenses to construct shoreside infrastructure to
support such vessels, $75,000,000.
(4) For expenses necessary to support Maritime
Administration operations and programs, $131,433,000, of
which--
(A) $15,000,000 shall be for the Maritime
Environmental and Technical Assistance program
authorized under section 50307 of title 46, United
States Code;
(B) $30,000,000 shall be for shall be for the
Maritime Centers of Excellence, including to make
grants authorized under Section 51706 of title 46,
United States Code;
(C) $15,000,000 shall be for the Marine Highways
Program, including to make grants as authorized under
section 55601 of title 46, United States Code;
(D) $67,433,000 shall be for headquarters
operations expenses;
(E) $2,000,000 shall be for expenses necessary to
provide for sealift contested environment evaluation;
(F) $800,000 shall be for expenses necessary to
provide for National Defense Reserve Fleet resiliency;
and
(G) $1,200,000 shall be for expenses necessary to
provide for a comprehensive evaluation to assess the
requirements for the training ship State of Michigan.
(5) For expenses necessary for the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $6,000,000.
(6) For expenses necessary to maintain and preserve a
United States flag merchant marine to serve the national
security needs of the United States under chapter 531 of title
46, United States Code, $318,000,000.
(7) For expenses necessary for the loan guarantee program
authorized under chapter 537 of title 46, United States Code,
$33,000,000, of which--
(A) $30,000,000 may be for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990
(2 U.S.C. 661a(5))) of loan guarantees under the
program; and
(B) $3,000,000 may be used for administrative
expenses relating to loan guarantee commitments under
the program.
(8) For expenses necessary to provide assistance to small
shipyards and for maritime training programs authorized under
section 54101 of title 46, United States Code, $30,000,000.
(9) For expenses necessary to implement the Port
Infrastructure Development Program, as authorized under section
54301 of title 46, United States Code, $750,000,000, to remain
available until expended, except that no such funds authorized
under this title for this program may be used to provide a
grant to purchase fully automated cargo handling equipment that
is remotely operated or remotely monitored with or without the
exercise of human intervention or control, if the Secretary of
Transportation determines such equipment would result in a net
loss of jobs within a port or port terminal. If such a
determination is made, the data and analysis for such
determination shall be reported to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives not later than 3 days after the date of the
determination.
(b) Tanker Security Program.--
(1) Funding.--Section 53411 of title 46, United States
Code, is amended by striking ``through 2035'' and inserting
``and 2023, and $120,000,000 for fiscal years 2024 through
2035''.
(2) Increase in number of vessels.--Section 53403(c) of
title 46, United States Code, is amended--
(A) by striking ``For any fiscal year, the
Secretary'' and inserting ``The Secretary'';
(B) by striking ``more than 10 vessels'' and
inserting ``more than--''; and
(C) by adding at the end the following new
paragraphs:
``(1) for each of fiscal years 2022 and 2023, 10 vessels;
and
``(2) for any subsequent fiscal year, 20 vessels.''.
(c) Report.--Not later than June 30, 2023, the Maritime
Administrator shall prepare and submit to the Committees on Armed
Services of the House of Representatives and of the Senate, to the
Committee on Transportation and Infrastructure of the House of
Representatives, and to the Committee on Commerce, Science, and
Transformation of the Senate a report that includes the following:
(1) An assessment of industry capacity to support an
expansion of the Tanker Security Program pursuant to section
53411 of title 46, United States Code, as amended by subsection
(b)(1), and section 53403(c) of title 46, United States Code,
as amended by subsection (b)(2).
(2) An implementation timeline for entering 10-vessels into
the Tanker Security Program not later than September 30, 2023,
including all vessel conversion requirements, and crew training
requirements.
(3) An implementation timeline for entering 20-vessels into
the Tanker Security Program not later than September 30, 2024,
including all vessel conversion requirements, and crew training
requirements.
(4) An assessment of whether the $6,000,000 per-vessel
stipend meets requirements to attract and sustain the full 20-
vessel requirement for the Tanker Security Program.
(5) An assessment of the need for additional authorities to
offset the costs associated with converting vessels into
CONSOL-capable vessels, and to offset the costs associated with
training the crews to operate such vessels.
(6) Other matters the Administrator deems appropriate.
SEC. 3502. SECRETARY OF TRANSPORTATION RESPONSIBILITY WITH RESPECT TO
CARGOES PROCURED, FURNISHED, OR FINANCED BY OTHER FEDERAL
DEPARTMENTS AND AGENCIES.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Administrator of the Maritime Administration
shall issue a final rule to implement and enforce section 55305(d) of
title 46, United States Code.
(b) Programs of Other Agencies.--Section 55305(d)(2)(A) of title
46, United States Code, is amended by inserting after ``section'' the
following: ``and annually submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on the
administration of such programs''.
Subtitle B--Merchant Marine Academy
SEC. 3511. EXEMPTION OF CERTAIN STUDENTS FROM REQUIREMENT TO OBTAIN
MERCHANT MARINER LICENSE.
Section 51309 of title 46, United States Code, is amended--
(1) in subsection (a)(2)--
(A) by inserting ``able or'' before ``allowed'';
(B) by striking ``only because of physical
disqualification may'' and inserting ``solely due to a
documented medical or psychological condition shall'';
and
(C) in the paragraph heading, by inserting ``or
psychological'' after ``physical''; and
(2) by adding at the end the following new subsection:
``(d) Definition of Documented Medical or Psychological
Condition.--In this section the term `documented medical or
psychological condition' means, with respect to an individual, a
physical disqualification or psychological condition, including a
mental health condition arising from sexual assault or sexual
harassment, for which the individual has been treated or is being
treated by a medical or psychological provider.''.
SEC. 3512. BOARD OF VISITORS.
Section 51312 of title 46, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) by redesignating subparagraph (C) as
subparagraph (D);
(ii) in subparagraph (D), as so
redesignated, by striking ``flag-rank who'' and
inserting ``flag-rank'';
(iii) in subparagraph (B), by striking
``and'' after the semicolon; and
(iv) by inserting after subparagraph (B)
the following:
``(C) at least 1 shall be a representative of a
maritime labor organization; and''; and
(B) in paragraph (3), by adding at the end the
following:
``(C) Replacement.--If a member of the Board is
replaced, not later than 60 days after the date of the
replacement, the Designated Federal Officer selected
under subsection (g)(2) shall notify that member.'';
(2) in subsection (d)--
(A) in paragraph (1), by inserting ``and 2
additional meetings, which may be held in person or
virtually'' after ``Academy''; and
(B) by adding at the end the following:
``(3) Scheduling; notification.--When scheduling a meeting
of the Board, the Designated Federal Officer shall coordinate,
to the greatest extent practicable, with the members of the
Board to determine the date and time of the meeting. Members of
the Board shall be notified of the date of each meeting not
less than 30 days prior to the meeting date.'';
(3) in subsection (e), by adding at the end the following:
``(4) Staff.--One or more staff of each member of the Board
may accompany them on Academy visits.
``(5) Scheduling; notification.--When scheduling a visit to
the Academy, the Designated Federal Officer shall coordinate,
to the greatest extent practicable, with the members of the
Board to determine the date and time of the visit. Members of
the Board shall be notified of the date of each visit not less
than 30 days prior to the visit date.''; and
(4) in subsection (h)--
(A) by inserting ``and ranking member'' after
``chairman'' each place the term appears; and
(B) by adding at the end the following: ``Such
staff may attend meetings and may visit the Academy.''.
SEC. 3513. PROTECTION OF CADETS FROM SEXUAL ASSAULT ONBOARD VESSELS.
(a) In General.--Section 51322 of title 46, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Safety Criteria.--The Maritime Administrator, after
consulting with the Commandant of the Coast Guard, shall establish--
``(1) criteria, to which an owner or operator of a vessel
engaged in commercial service shall adhere prior to carrying a
cadet performing their Sea Year service from the United States
Merchant Marine Academy, that addresses prevention of, and
response to, sexual harassment, dating violence, domestic
violence, sexual assault, and stalking; and
``(2) a process for collecting pertinent information from
such owners or operators and verifying their compliance with
the criteria.
``(b) Minimum Standards.--At a minimum, the criteria established
under subsection (a) shall require the vessel owners or operators to
have policies that address--
``(1) communication between a cadet and an individual
ashore who is trained in responding to incidents of sexual
harassment, dating violence, domestic violence, sexual assault,
and stalking;
``(2) the safety and security of cadet staterooms while a
cadet is onboard the vessel;
``(3) requirements for crew to report complaints or
incidents of sexual assault, sexual harassment, dating
violence, domestic violence, and stalking consistent with the
requirements in section 10104;
``(4) the maintenance of records of reports of sexual
harassment, dating violence, domestic violence, sexual assault,
and stalking onboard a vessel carrying a cadet;
``(5) the maintenance of records of sexual harassment,
dating violence, domestic violence, sexual assault, and
stalking training as required under subsection (f);
``(6) a requirement for the owner or operator provide each
cadet a copy of the policies and procedures related to sexual
harassment, dating violence, domestic violence, sexual assault,
and stalking policies that pertain to the vessel on which they
will be employed; and
``(7) any other issues the Maritime Administrator
determines necessary to ensure the safety of cadets during Sea
Year training.
``(c) Self-certification by Owners or Operators.--The Maritime
Administrator shall require the owner or operator of any commercial
vessel that is carrying a cadet from the United States Merchant Marine
Academy to annually certify that--
``(1) the vessel owner or operator is in compliance with
the criteria established under subsection (a); and
``(2) the vessel is in compliance with the International
Convention of Safety of Life at Sea, 1974 (32 UST 47) and
sections 8106 and 70103(c).
``(d) Information, Training, and Resources.--The Maritime
Administrator shall ensure that a cadet participating in Sea Year--
``(1) receives training specific to vessel safety,
including sexual harassment, dating violence, domestic
violence, sexual assault, and stalking prevention and response
training, prior to the cadet boarding a vessel for Sea Year
training;
``(2) is equipped with an appropriate means of
communication and has been trained on its use;
``(3) has access to a helpline to report incidents of
sexual harassment, dating violence, domestic violence, sexual
assault, or stalking that is monitored by trained personnel;
and
``(4) is informed of the legal requirements for vessel
owners and operators to provide for the security of individuals
onboard, including requirements under section 70103(c) and
chapter 81.'';
(2) by redesignating subsections (b) through (d) as
subsections (e) through (g), respectively;
(3) in subsection (e), as so redesignated, by striking
paragraph (2) and inserting the following new paragraphs:
``(2) Access to information.--The vessel operator shall
make available to staff conducting a vessel check such
information as the Maritime Administrator determines is
necessary to determine whether the vessel is being operated in
compliance with the criteria established under subsection (a).
``(3) Removal of students.--If staff of the Academy or
staff of the Maritime Administration determine that a
commercial vessel is not in compliance with the criteria
established under subsection (a), the staff--
``(A) may remove a cadet of the Academy from the
vessel; and
``(B) shall report such determination of non-
compliance to the owner or operator of the vessel.'';
(4) in subsection (f), as so redesignated, by striking ``or
the seafarer union'' and inserting ``and the seafarer union'';
and
(5) by adding at the end the following:
``(h) Noncommercial Vessels.--
``(1) In general.--A public vessel (as defined in section
2101) shall not be subject to the requirements of this section.
``(2) Requirements for participation.--The Maritime
Administrator may establish criteria and requirements that the
operators of public vessels shall meet to participate in the
Sea Year program of the United States Merchant Marine Academy
that addresses prevention of, and response to, sexual
harassment, dating violence, domestic violence, sexual assault,
and stalking.
``(i) Sharing of Best Practices.--The Maritime Administrator shall
share with State maritime academies best practices for, and lessons
learned with respect to, the prevention of, and response to, sexual
harassment, dating violence, domestic violence, sexual assault, and
stalking.''.
(b) Regulations.--
(1) In general.--The Maritime Administrator may prescribe
rules necessary to carry out the amendments made by this
section.
(2) Interim rules.--The Maritime Administrator may
prescribe interim rules necessary to carry out the amendments
made by this section. For this purpose, the Maritime
Administrator in prescribing rules under paragraph (1) is
excepted from compliance with the notice and comment
requirements of section 553 of title 5, United States Code. All
rules prescribed under the authority of the amendments made by
this section shall remain in effect until superseded by a final
rule.
(c) Conforming Amendments.--
(1) Sea year compliance.--Section 3514 of the National
Defense Authorization Act for Fiscal Year 2017 (46 U.S.C. 51318
note) is repealed.
(2) Access of academy cadets to dod safe or equivalent
helpline.--Section 3515 of the National Defense Authorization
Act for Fiscal Year 2018 (46 U.S.C. 51518 note) is amended by
striking subsection (b) and redesignating subsection (c) as
subsection (b).
SEC. 3514. SERVICE ACADEMY FACULTY PARITY OF USE OF UNITED STATES
GOVERNMENT WORKS.
Section 105 of title 17, United States Code, is amended--
(1) in the heading of subsection (b), by striking ``Certain
of Works '' and inserting ``Certain Works'';
(2) in the first subsection (c) (relating to ``Use by
Federal Government'') by striking ``The Secretary of Defense''
and inserting ``A covered Secretary'';
(3) by redesignating the second subsection (c) (relating to
``Definitions'') as subsection (d); and
(4) in subsection (d), as redesignated by paragraph (3),
(A) in paragraph (2), by adding at the end the
following:
``(M) United States Merchant Marine Academy.'';
(B) by redesignating paragraph (3) as paragraph
(4); and
(C) by inserting after paragraph (2) the following
new paragraph:
``(3) The term `covered Secretary' means--
``(A) the Secretary of Transportation, with respect
to the United States Merchant Marine Academy;
``(B) the Secretary of Homeland Security, with
respect to the United States Coast Guard Academy; or
``(C) the Secretary of Defense, with respect to any
other covered institution under paragraph (2).''.
SEC. 3515. REPORTS ON MATTERS RELATING TO THE UNITED STATES MERCHANT
MARINE ACADEMY.
(a) Report on Implementation of NAPA Recommendations.--
(1) In general.--In accordance with paragraph (3), the
Secretary of Transportation shall submit to the appropriate
congressional committees reports on the status of the
implementation of the recommendations specified in paragraph
(4).
(2) Elements.--Each report under paragraph (1) shall
include the following:
(A) A description of the status of the
implementation of each recommendation specified in
paragraph (4), including whether the Secretary--
(i) concurs with the recommendation;
(ii) partially concurs with the
recommendation;
(iii) does not concur with the
recommendation; or
(iv) determines the recommendation is not
applicable to the Department of Transportation.
(B) An explanation of--
(i) with respect to a recommendation with
which the Secretary concurs, the actions the
Secretary intends to take to implement such
recommendation, including--
(I) any rules, regulations,
policies, or other guidance that have
been issued, revised, changed, or
cancelled as a result of the
implementation of the recommendation;
and
(II) any impediments to the
implementation of the recommendation;
(ii) with respect to a recommendation with
which the Secretary partially concurs, the
actions the Secretary intends to take to
implement the portion of such recommendation
with which the Secretary concurs, including--
(I) intermediate actions, milestone
dates, and the expected completion date
for the implementation of the portion
of the recommendation; and
(II) any rules, regulations,
policies, or other guidance that are
expected to be issued, revised,
changed, or cancelled as a result of
the implementation of the portion of
the recommendation;
(iii) with respect to a recommendation with
which the Secretary does not concur, an
explanation of why the Secretary does not
concur with such recommendation;
(iv) with respect to a recommendation that
the Secretary determines is not applicable to
the Department of Transportation, an
explanation of the reasons for the
determination; and
(v) any statutory changes that may be
necessary--
(I) to fully implement the
recommendations specified in paragraph
(4) with which the Secretary concurs;
or
(II) to partially implement the
recommendations specified in such
paragraph with which the Secretary
partially concurs.
(C) A visual depiction of the status of the
completion of the recommendations specified in
paragraph (4).
(3) Timing of reports.--The Secretary of Transportation
shall submit an initial report under paragraph (1) not later
than 180 days after the date of the enactment of this Act.
Following the submittal of the initial report, the Secretary
shall submit updated versions of the report not less frequently
than once every 180 days until the date on which the Secretary
submits to the appropriate congressional committees a
certification that each recommendation specified in paragraph
(4)--
(A) with which the Secretary concurs--
(i) has been fully implemented; or
(ii) cannot be fully implemented, including
an explanation of why; and
(B) with which the Secretary partially concurs--
(i) has been partially implemented; or
(ii) cannot be partially implemented,
including an explanation of why.
(4) Recommendations specified.--The recommendations
specified in this paragraph are the recommendations set forth
in the report prepared by a panel of the National Academy of
Public Administration pursuant to section 3513 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 133 Stat. 1979) titled ``Organizational Assessment of the
U.S. Merchant Marine Academy: A Path Forward'', dated November
2021.
(b) Report on Implementation of Policy Relating to Sexual
Harassment and Other Matters.--Not later than one year after the date
of the enactment of this Act, the Secretary of Transportation shall
submit to the appropriate congressional committees a report on the
status of the implementation of the policy on sexual harassment, dating
violence, domestic violence, sexual assault, and stalking at the United
States Merchant Marine Academy, as required under section 51318 of
title 46, United States Code.
(c) Inspector General Audit.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Inspector General of the
Department of Transportation shall initiate an audit of the
actions taken by the Maritime Administration to address only
the following recommendations identified by a National Academy
of Public Administration panel in the November 2021 report
titled ``Organizational Assessment of the United States
Merchant Marine Academy: A Path Forward'':
(A) Recommendations 4.1 through 4.3.
(B) Recommendations 4.7 through 4.11.
(C) Recommendations 5.1 through 5.4.
(D) Recommendations 5.6, 5.7, 5.11, 5.14, 5.15,
5.16, 6.6, and 6.7.
(E) Recommendations 6.1 through 6.4.
(2) Report.--After the completion of the audit required
under paragraph (1), the Inspector General shall submit to the
appropriate congressional committees, and make publicly
available, a report containing the results of the audit.
(d) Implementation of Recommendations From the National Academy of
Public Administration.--
(1) Agreement for study by national academy of public
administration.--
(A) In general.--Not later than 30 days after the
date of enactment of this Act, the Secretary of
Transportation shall seek to enter into an agreement
with the National Academy of Public Administration
(referred to in this section as the ``Academy'') under
which the Academy shall provide support for--
(i) prioritizing and addressing the
recommendations referred to subsection (c)(1)
and establishing a process for prioritizing
other recommendations in the future;
(ii) the development of--
(I) long-term processes and a
timeframe for long-term process
improvements; and
(II) corrective actions and best
practice criteria that can be
implemented in the medium- and near-
term;
(iii) the establishment of a clear
assignment of responsibility for the
implementation of each recommendation referred
to in subsection (c)(1), and a strategy for
assigning other recommendations in the future;
and
(iv) a performance measurement system,
including data collection and tracking and
evaluating progress toward goals of the
Merchant Marine Academy.
(B) Report of progress.--Not later than one year
after the date of an agreement entered into pursuant to
subparagraph (A), the Secretary of Transportation, in
consultation with the Administrator of the Merchant
Marine Academy, shall submit to the Maritime
Administrator and the appropriate congressional
committees a report on the progress made in
implementing the recommendations referred to in
subsection (c)(1).
(2) Prioritization and implementation plan.--
(A) In general.--Not later than one year after the
date of enactment of this Act, the Maritime
Administrator shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Armed Services of the House of
Representatives a prioritization and implementation
plan to assess, prioritize, and address the
recommendations identified by the National Academy of
Public Administration panel in the November 2021 report
titled ``Organizational Assessment of the United States
Merchant Marine Academy: A Path Forward'' that
Superintendent of the Merchant Marine Academy
determines are relevant to the Maritime Administration,
including the recommendations referred to in subsection
(c)(1). The prioritization and implementation plan
shall--
(i) be developed using the strategies,
processes, and systems developed pursuant to an
agreement entered into under paragraph (1);
(ii) include estimated timelines and cost
estimates for the implementation of priority
goals;
(iii) include summaries of stakeholder and
interagency engagement used to assess goals and
timelines;
(iv) with respect to any recommendation the
Superintendent determines is not relevant to
the Maritime Administration, include an
explanation for the determination; and
(v) submitted to the Inspector General of
the Department of Transportation and the
appropriate congressional committees and made
publicly available.
(B) Audit and report.--The Inspector General of the
Department of Transportation shall--
(i) not later than 180 days after the date
on which the prioritization and implementation
plan described in subparagraph (A) is made
publicly available, initiate an audit of the
actions taken by the Maritime Administration to
address such plan;
(ii) monitor the actions taken by the
Maritime Administration to implement
recommendations contained in the audit required
under clause (i) and in prior audits of the
Maritime Administration's implementation of
National Academy of Public Administration
recommendations and periodically initiate
subsequent audits of the continued actions
taken by the Maritime Administration to address
the prioritization and implementation plan, as
the Inspector General determines necessary; and
(iii) after the completion of the audit
required under clause (i), submit to the
Administrator of the Maritime Administration
and the appropriate congressional committees,
and make publicly available, a report
containing the results of the audit.
(C) Report of progress.--Not later than 180 days
after the date on which the report required under
clause (ii) is made publicly available, and annually
thereafter, the Administrator of the Maritime
Administration shall submit to the Inspector General of
the Department of Transportation and the appropriate
congressional committees a report that includes a
description of--
(i) the actions planned to be taken by the
Maritime Administration, and estimated
timeframes, to implement any open or unresolved
recommendation--
(I) included in the report of the
Inspector General required under
subsection (B)(iii); or
(II) referred to in subsection
(c)(1); and
(ii) an identification of any
recommendation referred to in clause (i) for
which the Maritime Administration failed to
meet a target action date, or for which the
Maritime Administration requested an extension
of time, and the reasons why such an extension
was necessary.
(3) Agreement for plan on capital improvements.--Not later
than 90 days after the date of the enactment of this Act, the
Maritime Administrator shall seek to enter into an agreement
with a Federal construction agent for the development of a plan
to execute capital improvements at the United States Merchant
Marine Academy.
(e) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Commerce, Science, and Transportation
of the Senate;
(2) the Subcommittee on Transportation, Housing and Urban
Development, and Related Agencies of the Committee on
Appropriations of the Senate;
(3) the Committee on Transportation and Infrastructure of
the House of Representatives;
(4) the Subcommittee on Transportation, Housing and Urban
Development, and Related Agencies of the Committee on
Appropriations of the House of Representatives; and
(5) the Committee on Armed Services of the House of
Representatives.
SEC. 3516. STUDY ON CAPITAL IMPROVEMENT PROGRAM AT THE USMMA.
(a) Study.--The Comptroller General of the United States shall
conduct a study of the United States Merchant Marine Academy Capital
Improvement Program. The study shall include an evaluation of--
(1) the actions the United States Merchant Marine Academy
has taken to bring the buildings, infrastructure, and other
facilities on campus into compliance with applicable building
codes and the further actions required for full compliance;
(2) how the approach that the United States Merchant Marine
Academy uses to manage its capital assets compares with
national leading practices;
(3) how cost estimates prepared for capital asset projects
compares with cost estimating leading practices;
(4) whether the United States Merchant Marine Academy has
adequate staff who are trained to identify needed capital
projects, estimate the cost of those projects, perform building
maintenance, and manage capital improvement projects; and
(5) how the United States Merchant Marine Academy
identifies and prioritizes capital construction needs, and how
the prioritization of such needs relates to the safety,
education, and wellbeing of midshipmen.
(b) Report.--Not later than 18 months after the date of the
enactment of this section, the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure and the Committee on
Armed Services of the House of Representatives a report containing the
findings of the study conducted under subsection (a).
SEC. 3517. REQUIREMENTS RELATING TO TRAINING OF MERCHANT MARINE ACADEMY
CADETS ON CERTAIN VESSELS.
(a) Requirements Relating to Protection of Cadets From Sexual
Assault Onboard Vessels.--
(1) In general.--Subsection (b) of section 51307 of title
46, United States Code, is amended to read as follows:
``(b) Sea Year Cadets on Certain Vessels.--
``(1) Requirements.--The Secretary shall require an
operator of a vessel participating in the Maritime Security
Program under chapter 531 of this title, the Cable Security
Fleet under chapter 532 of this title, or the Tanker Security
Fleet under chapter 534 of this title to--
``(A) carry on each Maritime Security Program
vessel, Cable Security Fleet vessel, or Tanker Security
Fleet vessel 2 United States Merchant Marine Academy
cadets, if available, on each voyage; and
``(B) implement and adhere to policies, programs,
criteria, and requirements established pursuant to
section 51322 of this title.
``(2) Failure to implement or adhere to requirements.--
Failure to implement or adhere to the policies, programs,
criteria, and requirements referred to in paragraph (1) may, as
determined by the Maritime Administrator, constitute a
violation of an operating agreement entered into under chapter
531, 532, or 534 of this title and the Maritime Administrator
may--
``(A) require the operator to take corrective
actions; or
``(B) withhold payment due to the operator until
the violation, as determined by the Maritime
Administrator, has been remedied.
``(3) Withheld payments.--Any payment withheld pursuant to
paragraph (2)(B) may be paid, upon a determination by the
Maritime Administrator that the operator is in compliance with
the policies, programs, criteria, and requirements referred to
in paragraph (1).''.
(2) Applicability.--Paragraph (2) of subsection (b) of
section 51307, as amended by paragraph (1), shall apply with
respect to any failure to implement or adhere to the policies,
programs, criteria, and requirements referred to in paragraph
(1)(B) of such subsection that occurs on or after the date that
is one year after the date of the enactment of this Act.
(b) Conforming Amendments.--Title 46, United States Code, is
further amended--
(1) in section 53106(a)(2), by inserting ``or section
51307(b)'' after ``this section'';
(2) in section 53206(a)(2), by inserting ``or section
51307(b)'' after ``this section''; and
(3) in section 53406(a), by inserting ``or section
51307(b)'' after ``this section''.
Subtitle C--Maritime Infrastructure
SEC. 3521. UNITED STATES MARINE HIGHWAY PROGRAM.
(a) United States Marine Highway Program.--
(1) In general.--Section 55601 of title 46, United States
Code, is amended to read as follows:
``Sec. 55601. United States marine highway program
``(a) Establishment.--
``(1) In general.--There is in the Department of
Transportation a program, to be known as the `United States
marine highway program'.
``(2) Additional program activities.--In carrying out the
program established under this subsection, the Secretary of
Transportation may--
``(A) coordinate with ports, State departments of
transportation, localities, other public agencies, and
appropriate private sector entities on the development
of landside facilities and infrastructure to support
marine highway transportation; and
``(B) develop performance measures for the program.
``(b) Marine Highway Transportation Routes.--
``(1) Designation.--The Secretary may designate a route as
a marine highway transportation route, or modify such a
designation, if--
``(A) such route--
``(i) provides a coordinated and capable
alternative to landside transportation;
``(ii) mitigates or relieves landside
congestion;
``(iii) promotes marine highway
transportation; or
``(iv) uses vessels documented under
chapter 121; and
``(B) such designation or modification is requested
by--
``(i) the government of a State or
territory;
``(ii) a metropolitan planning
organization;
``(iii) a port authority;
``(iv) a non-Federal navigation district;
or
``(v) a Tribal government.
``(2) Determination.--Not later than 180 days after the
date on which the Maritime Administrator receives a request for
the designation or modification of a marine highway route under
paragraph (1), the Maritime Administrator shall make a
determination of whether to make the requested designation or
modification.
``(3) Notification.--Not later than 14 days after the date
on which the Maritime Administrator makes a determination under
paragraph (2), the Maritime Administrator shall notify the
requester of the determination.
``(c) Map of Marine Highway Program Routes.--
``(1) In general.--The Maritime Administrator shall make
publicly available a map showing the location of marine highway
routes, including such routes along the coasts, in the inland
waterways, and at sea and update that map when a marine highway
route is designated or modified pursuant to subsection (b).
``(2) Coordination.--The Maritime Administrator shall
coordinate with the Administrator of the National Oceanic and
Atmospheric Administration to incorporate the map referred to
in paragraph (1) into the Marine Cadastre.
``(d) Assistance.--
``(1) In general.--The Secretary may make grants to, or
enter into contracts or cooperative agreements with, eligible
entities to implement a marine highway transportation project
or a component of such a project if the Secretary determines
that the project or component--
``(A) meets the criteria referred to in subsection
(b)(1)(A); and
``(B) develops, expands, or promotes--
``(i) marine highway transportation; or
``(ii) shipper use of marine highway
transportation.
``(2) Application.--
``(A) In general.--To be eligible to receive a
grant or to enter into a contract or cooperative
agreement under this subsection, an eligible entity
shall submit to the Secretary an application in such
form and manner, and at such time, as the Secretary may
require. Such an application shall include the
following:
``(i) A comprehensive description of--
``(I) the marine highway route to
be served by the marine highway
transportation project;
``(II) the supporters of the marine
highway transportation project, which
may include business affiliations,
private sector stakeholders, State
departments of transportation,
metropolitan planning organizations,
municipalities, or other governmental
entities (including Tribal
governments), as applicable;
``(III) the need for such project;
and
``(IV) the performance measure for
the marine highway transportation
project, such as volumes of cargo or
passengers moved, or contribution to
environmental mitigation, safety,
reduced vehicle miles traveled, or
reduced maintenance and repair costs.
``(ii) A demonstration, to the satisfaction
of the Secretary, that--
``(I) the marine highway
transportation project is financially
viable; and
``(II) the funds or other
assistance provided under this
subsection will be spent or used
efficiently and effectively.
``(iii) Such other information as the
Secretary may require.
``(B) Pre-proposal.--
``(i) In general.--Prior to accepting a
full application under subparagraph (A), the
Secretary may require that an eligible entity
first submit a pre-proposal that contains a
brief description of the item referred to in
clauses (i) through (iii) of such subparagraph.
``(ii) Feedback.--Not later than 30 days
after receiving a pre-proposal under clause (i)
from an eligible entity, the Secretary shall
provide to the eligible entity feedback to
encourage or discourage the eligible entity
from submitting a full application. An eligible
entity may still submit a full application even
if that eligible entity is not encouraged to do
so after submitting a pre-proposal.
``(C) Prohibition.--The Secretary may not require
separate applications for project designation and for
assistance under this section.
``(D) Grant application feedback.--Following the
award of assistance under this subsection for a
particular fiscal year, the Secretary may provide
feedback to an applicant to help such applicant improve
future applications if the feedback is requested by
that applicant.
``(3) Timing.--
``(A) Notice of funding opportunity.--The Secretary
shall post a notice of funding opportunity regarding
grants, contracts, or cooperative agreements under this
subsection not more than 60 days after the date of the
enactment of the appropriations Act for the fiscal year
concerned.
``(B) Awarding of assistance.-- The Secretary shall
award grants, contracts, or cooperative agreements
under this subsection not later than 270 days after the
date of the enactment of the appropriations Act for the
fiscal year concerned.
``(4) Non-federal share.--
``(A) In general.--Except as provided in
subparagraph (B), not more than 80 percent of the
funding for any project for which funding is provided
under this subsection may come from Federal sources.
``(B) Tribal governments and rural areas.--The
Secretary may increase the Federal share of funding for
the project to an amount above 80 percent in the case
of an award of assistance under this subsection--
``(i) to an eligible entity that is a
Tribal government; or
``(ii) for a project located in a rural
area.
``(5) Preference for financially viable projects.-- In
awarding grants or entering into contracts or cooperative
agreements under this subsection, the Secretary shall give a
preference to a project or component of a project that presents
the most financially viable transportation service and require
the lowest percentage of Federal share of the funding.
``(6) Treatment of unexpended funds.--Notwithstanding
paragraph (3)(B), amounts awarded under this subsection that
are not expended by the recipient within five years after
obligation of funds or that are returned shall remain available
to the Secretary to make grants and enter into contracts and
cooperative agreements under this subsection.
``(7) Conditions on provision of assistance.--The Secretary
may not provide assistance to an eligible entity under this
subsection unless the Secretary determines that--
``(A) sufficient funding is available to meet the
non-Federal share requirement under paragraph (4);
``(B) the marine highway project for which such
assistance is provided will be completed without
unreasonable delay; and
``(C) the eligible entity has the authority to
implement the proposed marine highway project.
``(8) Prohibited uses.--Assistance provided under this
subsection may not be used--
``(A) to improve port or land-based infrastructure
outside the United States; or
``(B) unless the Secretary determines that such
activities are necessary to carry out the marine
highway project for which such assistance is provided,
to raise sunken vessels, construct buildings or other
physical facilities, or acquire land.
``(9) Geographic distribution.--In making grants,
contracts, and cooperative agreements under this section the
Secretary shall take such measures so as to ensure an equitable
geographic distribution of funds.
``(10) Eligible entity.--In this subsection, the term
`eligible entity' means--
``(A) a State, a political subdivision of a State,
or a local government;
``(B) a United States metropolitan planning
organization;
``(C) a United States port authority;
``(D) a Tribal government; or
``(E) a United States private sector operator of
marine highway projects or private sector owners of
facilities, including an Alaska Native Corporation,
with an endorsement letter from the requester of a
marine highway route designation or modification
referred to in subsection (b)(1)(B).''.
(2) Clerical amendment.--The analysis for chapter 556 of
title 46, United States Code, is amended by striking the item
relating to section 55601 and inserting the following:
``55601. United States marine highway program.''.
(b) Multistate, State, Tribal, and Regional Transportation
Planning.--
(1) In general.--Chapter 556 of title 46, United States
Code, is amended by inserting after section 55602 the
following:
``Sec. 55603. Multistate, State, Tribal, and regional transportation
planning
``(a) In General.--The Secretary, in consultation with Federal
entities, State and local governments, Tribal governments, and
appropriate private sector entities, may develop strategies to
encourage the use of marine highway transportation for transportation
of passengers and cargo.
``(b) Strategies.--If the Secretary develops strategies under
subsection (a), the Secretary may--
``(1) assess the extent to which States, local governments,
and Tribal governments include marine highway transportation
and other marine transportation solutions in transportation
planning;
``(2) encourage State and Tribal departments of
transportation to develop strategies, where appropriate, to
incorporate marine highway transportation, ferries, and other
marine transportation solutions for regional and interstate
transport of freight and passengers in transportation planning;
and
``(3) encourage groups of States, Tribal governments, and
multistate transportation entities to determine how marine
highways can address congestion, bottlenecks, and other
interstate transportation challenges.''.
(2) Clerical amendment.--The analysis for chapter 556 of
title 46, United States Code, is amended by striking the item
relating to section 55603 and inserting the following:
``55603. Multistate, State, Tribal, and regional transportation
planning.''.
(c) Research on Marine Highway Transportation.--Section 55604 of
title 46, United States Code, is amended--
(1) by redesignating paragraphs (1) through (3) as
paragraphs (3) through (5), respectively; and
(2) by inserting before paragraph (3), as redesignated by
paragraph (1), the following new paragraphs:
``(1) the economic effects of marine highway transportation
on the United States economy;
``(2) the effects of marine highway transportation,
including with respect to the provision of additional
transportation options, on rural areas;''.
(d) Definitions.--
(1) In general.--Section 55605 of title 46, United States
Code, is amended to read as follows: ``
``Sec. 55605. Definitions
``In this chapter:
``(1) The term `marine highway transportation' means the
carriage by a documented vessel of cargo (including such
carriage of cargo and passengers), if such cargo--
``(A) is--
``(i) contained in intermodal cargo
containers and loaded by crane on the vessel;
``(ii) loaded on the vessel by means of
wheeled technology, including roll-on roll-off
cargo;
``(iii) shipped in discrete units or
packages that are handled individually,
palletized, or unitized for purposes of
transportation;
``(iv) bulk, liquid, or loose cargo loaded
in tanks, holds, hoppers, or on deck; or
``(v) freight vehicles carried aboard
commuter ferry boats; and
``(B) is--
``(i) loaded at a port in the United States
and unloaded either at another port in the
United States or at a port in Canada or Mexico;
or
``(ii) loaded at a port in Canada or Mexico
and unloaded at a port in the United States.
``(2) The term ``Tribal government'' means the recognized
governing body of any Indian or Alaska Native Tribe, band,
nation, pueblo, village, community, component band, or
component reservation, individually identified (including
parenthetically) in the list published most recently, as of the
date of enactment of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023, pursuant to section 104
of the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5131).
``(3) The term `Alaska Native Corporation' has the meaning
given the term `Native Corporation' under section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602).''.
(2) Clerical amendment.--The analysis for chapter 556 of
title 46, United States Code, is amended by striking the item
relating to section 55605 and inserting the following:
``55605. Definitions.''.
(e) Report on Maritime Highway Transportation in Gulf of Mexico and
Puget Sound.--Not later than one year after the date of the enactment
of this Act, the Maritime Administrator shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science and Transportation of the Senate
a report on opportunities for maritime highway transportation, as that
term is defined section 55605(1) of title 46, United States Code, as
amended by this section, in the Gulf of Mexico, Puget Sound, and Salish
Sea System by vessels documented under chapter 121 of title 46, united
States Code.
(f) Deadline for Public Availability of Map.--Not later than 120
days after the date of the enactment of this Act, the Maritime
Administration shall make publicly available the map of marine highway
program routes required to be made publicly available under subsection
(c) of section 55601 of title 46, United States Code, as amended by
this section.
SEC. 3522. PORT INFRASTRUCTURE DEVELOPMENT GRANTS.
(a) In General.--In making port infrastructure development grants
under section 54301 of title 46, United States Code, for fiscal year
2023, the Secretary of Transportation shall treat a project described
in subsection (b) as an eligible project under section 54301(a)(3) of
such title for purposes of making grants under section 54301(a) of such
title.
(b) Project Described.--A project described in this subsection is a
project to provide shore power at a port that services--
(1) passenger vessels described in section 3507(k) of title
46, United States Code; and
(2) vessels that move goods or freight.
SEC. 3523. PROJECT SELECTION CRITERIA FOR PORT INFRASTRUCTURE
DEVELOPMENT PROGRAM.
In making port infrastructure development grants under section
54301 of title 46, United States Code, for fiscal year 2023, in
considering the criteria under subparagraphs (A)(ii) and (B)(ii) of
paragraph (6) of subsection (a) with respect to a project described in
paragraph (3) of such subsection that is located in a noncontiguous
State or territory, the Secretary may take into account--
(1) the geographic isolation of the State or territory; and
(2) the economic dependence of the State or territory on
the proposed project.
SEC. 3524. INFRASTRUCTURE IMPROVEMENTS IDENTIFIED IN THE REPORT ON
STRATEGIC SEAPORTS.
In making port infrastructure development grants under section
54301 of title 46, United States Code, for fiscal year 2023, the
Secretary may consider infrastructure improvements identified in the
report on strategic seaports required by section 3515 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1985) that would improve the commercial operations of those
seaports.
SEC. 3525. GAO REVIEW OF GOVERNMENT EFFORTS TO PROMOTE GROWTH AND
MODERNIZATION OF UNITED STATES MERCHANT FLEET.
(a) Review.--The Comptroller General of the United States shall
conduct a review of the efforts of the United States Government to
promote the growth and modernization of the United States maritime
industry and the vessels of the United States, as defined in section
116 of title 46, United States Code, including the overall efficacy of
United States Government financial support and policies, including the
Capital Construction Fund, Construction Reserve Fund, and other
relevant loan, grant, or other programs.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report that includes the results of a
review required under subsection (a).
SEC. 3526. GAO REVIEW OF FEDERAL EFFORTS TO ENHANCE PORT INFRASTRUCTURE
RESILIENCY AND DISASTER PREPAREDNESS.
(a) Review.--The Comptroller General of the United States shall
conduct a review of Federal efforts to assist ports in enhancing the
resiliency of key intermodal connectors to weather-related disasters.
The review shall include an analysis of the following:
(1) Actions being undertaken at various ports to better
identify critical land-side connectors that may be vulnerable
to disruption in the event of a natural disaster, including how
to communicate such information during a disaster when
communications systems may be compromised, and the level of
Federal involvement in such actions.
(2) The extent to which the Department of Transportation
and other Federal agencies are working in line with recent
recommendations from key resiliency reports, including the
National Academies of Science study on strengthening supply
chain resilience, to establish a framework for ports to follow
to increase resiliency to major weather-related disruptions
before such disruptions happen.
(3) The extent to which the Department of Transportation or
other Federal agencies have provided funds to ports for
resiliency-related projects.
(4) The extent to which Federal agencies have a coordinated
approach to helping ports and the multiple State, local,
Tribal, and private stakeholders involved, to improve
resiliency prior to weather-related disasters.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report containing the results of the review required
under subsection (a).
SEC. 3527. STUDY ON FOREIGN INVESTMENT IN SHIPPING.
(a) Assessment.--Subject to the availability of appropriations, the
Under Secretary of Commerce for International Trade (referred to in
this section as the ``Under Secretary''), in coordination with the
Maritime Administrator, the Commissioner of the Federal Maritime
Commission, and the heads of other relevant agencies, shall conduct an
assessment of subsidies, indirect state support, and other financial
infrastructure or benefits provided by foreign states that control more
than one percent of the world merchant fleet to entities or individuals
building, owning, chartering, operating, or financing vessels not
documented under the laws of the United States that are engaged in
foreign commerce.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Under Secretary shall submit to the
appropriate committees of Congress, as defined in section 3515(e), a
report on the assessment conducted under subsection (a). Such report
shall include--
(1) the amount, in United States dollars, of subsidies,
indirect state support, and other financial infrastructure or
benefits provided by a foreign state described in subsection
(a) to--
(A) the shipping industry of each country as a
whole;
(B) the shipping industry as a percent of gross
domestic product of each country; and
(C) each ship on average, by ship type for cargo,
tanker, and bulk;
(2) the amount, in United States dollars, of subsidies,
indirect state support, and other financial infrastructure or
benefits provided by a foreign state described in subsection
(a) to the shipping industry of another foreign state,
including favorable financial arrangements for ship
construction;
(3) a description of the shipping industry activities of
state-owned enterprises of a foreign state described in
subsection (a);
(4) a description of the type of support provided by a
foreign state described in subsection (a), including tax
relief, direct payment, indirect support of state-controlled
financial entities, or other such support, as determined by the
Under Secretary; and
(5) a description of how the subsidies provided by a
foreign state described in subsection (a) may be disadvantaging
the competitiveness of vessels documented under the laws of the
United States that are engaged in foreign commerce and the
national security of the United States.
(c) Definitions.--In this section:
(1) The term ``foreign commerce'' means--
(A) commerce or trade between the United States,
its territories or possessions, or the District of
Columbia, and a foreign country;
(B) commerce or trade between foreign countries; or
(C) commerce or trade within a foreign country.
(2) The term ``foreign state'' has the meaning given the
term in section 1603(a) of title 28, United States Code.
(3) The term ``shipping industry'' means the construction,
ownership, chartering, operation, or financing of vessels
engaged in foreign commerce.
SEC. 3528. REPORT ON ALTERNATE MARINE FUEL BUNKERING FACILITIES AT
PORTS.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Maritime Administrator shall make publicly
available on an appropriate website a report on the necessary port-
related infrastructure needed to support bunkering facilities for
liquefied natural gas, hydrogen, ammonia, or other new marine fuels
under development.
(b) Contents.--The report required under subsection (a) shall
include--
(1) information about the existing United States
infrastructure, in particular the storage facilities, bunkering
vessels, and transfer systems to support bunkering facilities
for liquefied natural gas, hydrogen, ammonia, or other new
marine fuels under development;
(2) a review of the needed upgrades to United States
infrastructure, including storage facilities, bunkering
vessels, and transfer systems, to support bunkering facilities
for liquefied natural gas, hydrogen, ammonia, or other new
marine fuels under development;
(3) an assessment of the estimated Government investment in
this infrastructure and the duration of that investment; and
(4) in consultation with the heads of other relevant
Federal agencies, information on the relevant Federal agencies
that would oversee the permitting and construction of bunkering
facilities for liquefied natural gas, hydrogen, ammonia, or
other new marine fuels, as well as the Federal funding grants
or formula programs that could be used for such marine fuels.
SEC. 3529. STUDY OF CYBERSECURITY AND NATIONAL SECURITY THREATS POSED
BY FOREIGN MANUFACTURED CRANES AT UNITED STATES PORTS.
(a) Study.--The Maritime Administrator, in consultation with the
Secretary of Homeland Security, the Secretary of Defense, and the
Director of the Cybersecurity and Infrastructure Security Agency, shall
conduct a study to assess whether there are cybersecurity or national
security threats posed by foreign manufactured cranes at United States
ports.
(b) Report.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Maritime Administrator shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate, the Committee on Armed Services of the Senate, the
Committee on Homeland Security and Governmental Affairs of the
Senate, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Committee on Armed
Services of the House of Representatives a report containing
the results of the study required under subsection (a).
(2) Form of report.--The report required under paragraph
(1) shall be submitted in unclassified form, but may include a
classified annex.
Subtitle D--Maritime Workforce
SEC. 3531. IMPROVING PROTECTIONS FOR MIDSHIPMEN.
(a) Supporting the United States Merchant Marine Academy.--Chapter
513 of title 46, United States Code, is amended by adding at the end
the following:
``Sec. 51325. Sexual assault and sexual harassment prevention
information management system
``(a) Information Management System.--
``(1) In general.--Not later than January 1, 2023, the
Maritime Administrator shall establish within the United States
Merchant Marine Academy Sexual Assault prevention and Response
Program, an information management system to track and
maintain, in such a manner that patterns can be reasonably
identified, information regarding claims and incidents
involving cadets that are reportable pursuant to subsection (d)
of section 51318 of this chapter.
``(2) Information maintained in the system.--Information
maintained in the system established under paragraph (1) shall
include the following information, to the extent that
information is available:
``(A) The overall number of sexual assault or
sexual harassment incidents per fiscal year.
``(B) The location of each such incident, including
vessel name and the name of the company operating the
vessel, if applicable.
``(C) The standardized job title or position of the
individuals involved in each such incident.
``(D) The general nature of each such incident, to
include copies of any associated reports completed on
the incidents.
``(E) The type of inquiry made into each such
incident.
``(F) A record of whether each such incident was
substantiated by the relevant investigative process.
``(3) Past information included.--The information
management system under this section shall include the relevant
data listed in this subsection related to sexual assault and
sexual harassment that the Maritime Administrator possesses,
and shall not be limited to data collected after January 1,
2023.
``(4) Privacy protections.--The Maritime Administrator and
the Chief Information Officer of the Department of
Transportation shall coordinate to ensure that the information
management system under this section shall--
``(A) be established and maintained in a secure
fashion to ensure the protection of the privacy of any
individuals whose information is entered in such
system; and
``(B) be free of personally identifiable
information and maintain only the data required to
satisfy the statistical purpose of such system.
``(5) Cybersecurity audit.--Ninety days after the
implementation of the information management system, the Office
of Inspector General of the Department of Transportation shall
commence an audit of the cybersecurity of the system and shall
submit a report containing the results of that audit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives.
``(6) Correcting records.--In establishing the information
management system, the Maritime Administrator shall create a
process to ensure that if any incident report results in a
final agency action or final judgement that acquits an
individual of wrongdoing, all personally identifiable
information about the acquitted individual is removed from that
incident report in the system.
``(b) Sea Year Program.--The Maritime Administrator shall provide
for the establishment of in-person and virtual confidential exit
interviews, to be conducted by personnel who are not involved in the
assignment of the midshipmen to a Sea Year vessel, for midshipmen from
the Academy upon completion of Sea Year and following completion by the
midshipmen of the survey under section 51322(d).
``(c) Data-informed Decisionmaking.--The data maintained in the
data management system under subsection (a) and through the exit
interviews under subsection (b) shall be affirmatively referenced and
used to inform the creation of new policy or regulation, or changes to
any existing policy or regulation, in the areas of sexual harassment,
dating violence, domestic violence, sexual assault, and stalking.
``Sec. 51326. Student advisory board at the United States Merchant
Marine Academy
``(a) In General.--The Maritime Administrator shall establish at
the United States Merchant Marine Academy an advisory board to be known
as the Advisory Board to the Secretary of Transportation (referred to
in this section as the `Advisory Board').
``(b) Membership.--The Advisory Board shall be composed of not
fewer than 12 midshipmen of the Merchant Marine Academy who are
enrolled at the Merchant Marine Academy at the time of the appointment,
including not fewer than 3 cadets from each class.
``(c) Appointment; Term.--Midshipmen shall serve on the Advisory
Board pursuant to appointment by the Maritime Administrator.
Appointments shall be made not later than 60 days after the date of the
swearing in of a new class of midshipmen at the Academy. The term of
membership of a midshipmen on the Advisory Board shall be 1 academic
year.
``(d) Reappointment.--The Maritime Administrator may reappoint not
more than 6 cadets from the previous term to serve on the Advisory
Board for an additional academic year if the Maritime Administrator
determines such reappointment to be in the best interests of the
Merchant Marine Academy.
``(e) Meetings.--The Advisory Board shall meet with the Secretary
of Transportation not less than once each academic year to discuss the
activities of the Advisory Board. The Advisory Board shall meet in
person with the Maritime Administrator not less than 2 times each
academic year to discuss the activities of the Advisory Board.
``(f) Duties.--The Advisory Board shall--
``(1) identify health and wellbeing, diversity, and sexual
assault and harassment challenges and other topics considered
important by the Advisory Board facing midshipmen at the
Merchant Marine Academy, off campus, and while aboard ships
during Sea Year or other training opportunities;
``(2) discuss and propose possible solutions, including
improvements to culture and leadership development at the
Merchant Marine Academy; and
``(3) periodically review the efficacy of the program in
section 51325(b), as appropriate, and provide recommendations
to the Maritime Administrator for improvement.
``(g) Working Groups.--The Advisory Board may establish one or more
working groups to assist the Advisory Board in carrying out its duties,
including working groups composed in part of midshipmen at the Merchant
Marine Academy who are not current members of the Advisory Board.
``(h) Reports and Briefings.--The Advisory Board shall regularly
provide the Secretary of Transportation and the Maritime Administrator
reports and briefings on the results of its duties, including
recommendations for actions to be taken in light of such results. Such
reports and briefings may be provided in writing, in person, or both.
``Sec. 51327. Sexual Assault Advisory Council
``(a) Establishment.--The Secretary of Transportation shall
establish a Sexual Assault Advisory Council (in this section referred
to as the `Council').
``(b) Membership.--
``(1) In general.--The Council shall be composed of not
fewer than 8 and not more than 14 individuals selected by the
Secretary of Transportation who are alumni that have graduated
within the last 4 years or current midshipmen of the United
States Merchant Marine Academy (including midshipmen or alumni
who were victims of sexual assault, to the maximum extent
practicable, and midshipmen or alumni who were not victims of
sexual assault) and governmental and nongovernmental experts
and professionals in the sexual assault field.
``(2) Experts included.--The Council shall include--
``(A) not less than 1 member who is licensed in the
field of mental health and has prior experience working
as a counselor or therapist providing mental health
care to survivors of sexual assault in a victim
services agency or organization; and
``(B) not less than 1 member who has prior
experience developing or implementing sexual assault or
sexual harassment prevention and response policies in
an academic setting.
``(3) Rules regarding membership.--No employee of the
Department of Transportation shall be a member of the Council.
The number of governmental experts appointed to the Council
shall not exceed the number of nongovernmental experts.
``(c) Duties; Authorized Activities.--
``(1) In general.--The Council shall meet not less often
than semiannually to--
``(A) review--
``(i) the policies on sexual harassment,
dating violence, domestic violence, sexual
assault, and stalking under section 51318 of
this title;
``(ii) the trends and patterns of data
contained in the system described under section
51325 of this title; and
``(iii) related matters the Council views
as appropriate; and
``(B) develop recommendations designed to ensure
that such policies and such matters conform, to the
extent practicable, to best practices in the field of
sexual assault and sexual harassment response and
prevention.
``(2) Authorized activities.--To carry out this subsection,
the Council may--
``(A) interview current and former midshipmen of
the United States Merchant Marine Academy (to the
extent that such midshipmen provide the Department of
Transportation express consent to be interviewed by the
Council); and
``(B) review surveys under section 51322(d).
``(3) Personally identifiable information.--In carrying out
this subsection, the Council shall comply with the obligations
of the Department of Transportation to protect personally
identifiable information.
``(d) Reports.--On an annual basis for each of the 5 years after
the date of enactment of this section, and at the discretion of the
Council thereafter, the Council shall submit, to the President and the
Committee on Commerce, Science, and Transportation and the Committee on
Appropriations of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Appropriations of the House of
Representatives, a report on the Council's findings based on the
reviews conducted pursuant to subsection (c) and related
recommendations.
``(e) Employee Status.--Members of the Council shall not be
considered employees of the United States Government for any purpose
and shall not receive compensation other than reimbursement of travel
expenses and per diem allowance in accordance with section 5703 of
title 5.
``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Council.
``Sec. 51328. Student support
``The Maritime Administrator shall--
``(1) require a biannual survey of midshipmen, faculty, and
staff of the Academy assessing the environment of the Academy;
and
``(2) require an annual survey of faculty and staff of the
Academy assessing the Sea Year program.''.
(b) Report to Congress.--Not later than 30 days after the date of
enactment of this section, the Maritime Administrator shall provide
Congress with a briefing on the resources necessary to properly
implement section 51328 of title 46, United States Code, as added by
this section.
(c) Conforming Amendments.--The chapter analysis for chapter 513 of
title 46, United States Code, is amended by adding at the end the
following:
``51325. Sexual assault and sexual harassment prevention information
management system.
``51326. Student advisory board at the United States Merchant Marine
Academy.
``51327. Sexual Assault Advisory Council.
``51328. Student support.''.
(d) United States Merchant Marine Academy Student Support Plan.--
(1) Student support plan.--Not later than January 1, 2023,
the Maritime Administrator shall issue a Student Support Plan
for the United States Merchant Marine Academy, in consultation
with relevant mental health professionals in the Federal
Government or experienced with the maritime industry or related
industries. Such plan shall--
(A) address the mental health resources available
to midshipmen, both on-campus and during Sea Year;
(B) establish a tracking system for suicidal
ideations and suicide attempts of midshipmen, which
excludes personally identifiable information;
(C) create an option for midshipmen to obtain
assistance from a professional care provider virtually;
and
(D) require an annual survey of faculty and staff
assessing the adequacy of mental health resources for
midshipmen of the Academy, both on campus and during
Sea Year.
(2) Report to congress.--Not later than 30 days after the
date of enactment of this section, the Maritime Administrator
shall provide Congress with a report on the resources necessary
to properly implement this subsection.
(e) Special Victims Advisor.--Section 51319 of title 46, United
States Code, is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
``(c) Special Victims Advisor.--
``(1) In general.--The Secretary shall designate an
attorney (to be known as the `Special Victims Advisor') for the
purpose of providing legal assistance to any cadet of the
Academy who is the victim of an alleged sex-related offense
regarding administrative and criminal proceedings related to
such offense, regardless of whether the report of that offense
is restricted or unrestricted.
``(2) Special victims advisory.--The Secretary shall ensure
that the attorney designated as the Special Victims Advisor has
knowledge of the Uniform Code of Military Justice, as well as
criminal and civil law.
``(3) Privileged communications.--Any communications
between a victim of an alleged sex-related offense and the
Special Victim Advisor, when acting in their capacity as such,
shall have the same protection that applicable law provides for
confidential attorney-client communications.''; and
(3) by adding at the end the following:
``(e) Unfilled Vacancies.--The Administrator of the Maritime
Administration may appoint qualified candidates to positions under
subsections (a) and (d) of this section without regard to sections 3309
through 3319 of title 5.''.
(f) Catch a Serial Offender Assessment.--
(1) Assessment.--Not later than one year after the date of
enactment of this section, the Commandant of the Coast Guard,
in coordination with the Maritime Administrator, shall conduct
an assessment of the feasibility and process necessary, and
appropriate responsible entities to establish a program for the
United States Merchant Marine Academy and United States
Merchant Marine modeled on the Catch a Serial Offender program
of the Department of Defense using the information management
system required under subsection (a) of section 51325 of title
46, United States Code, and the exit interviews under
subsection (b) of such section.
(2) Legislative change proposals.--If, as a result of the
assessment required by paragraph (1), the Commandant or the
Administrator determines that additional authority is necessary
to implement the program described in paragraph (1), the
Commandant or the Administrator, as applicable, shall provide
appropriate legislative change proposals to Congress.
(g) Shipboard Training.--Section 51322(a) of title 46, United
States Code, is amended by adding at the end the following:
``(3) Training.--
``(A) In general.--As part of training that shall
be provided not less than semiannually to all
midshipmen of the Academy, pursuant to section 51318,
the Maritime Administrator shall develop and implement
comprehensive in-person sexual assault risk-reduction
and response training that, to the extent practicable,
conforms to best practices in the sexual assault
prevention and response field and includes appropriate
scenario-based training.
``(B) Development and consultation with experts.--
In developing the sexual assault risk-reduction and
response training under subparagraph (A), the Maritime
Administrator shall consult with and incorporate, as
appropriate, the recommendations and views of experts
in the sexual assault field.''.
SEC. 3532. MARITIME TECHNICAL ADVANCEMENT ACT.
(a) In General.--Section 51706 of title 46, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Designation.--The Secretary of Transportation may designate
as a center of excellence for domestic maritime workforce training and
education an entity which is a covered training entity.'';
(2) by striking subsection (b) and inserting the following:
``(b) Grant Program.--
``(1) In general.--The Secretary may award a maritime
career training grant to a center of excellence designated
under subsection (a) for the purpose of developing, offering,
or improving career and technical education or training
programs related to the United States maritime industry for
United States workers.
``(2) Grant proposal.--To be eligible to receive a grant
under this subsection, a center of excellence designated under
subsection (a) shall submit to the Secretary a grant proposal
that includes a detailed description of--
``(A) the specific project proposed to be funded by
the grant, including a description of the manner in
which the grant will be used to develop, offer, or
improve a career and technical education or training
program that is suited to United States maritime
industry workers;
``(B) the extent to which the project for which the
grant proposal is submitted will meet the educational
or career training needs of United States maritime
industry workers;
``(C) any previous experience of the center of
excellence in providing United States maritime industry
career and technical education or training programs;
``(D) how the project proposed to be funded by the
grant would address shortcomings in existing
educational or career training opportunities available
to United States maritime industry workers; and
``(E) the extent to which employers, including
small and medium-sized firms, have demonstrated a
commitment to employing United States maritime industry
workers who would benefit from the project for which
the grant proposal is submitted.
``(3) Criteria for award of grants.--Subject to the
appropriation of funds to carry out this section, the Secretary
shall award grants under this subsection to centers of
excellence based on--
``(A) an determination of the merits of a grant
proposal submitted under paragraph (2) to develop,
offer, or improve career and technical education or
training programs to be made available to United States
maritime industry workers;
``(B) an evaluation of the likely employment
opportunities available to United States maritime
industry workers who complete a maritime career and
technical education or training program that a center
proposes to develop, offer, or improve; and
``(C) an evaluation of prior demand for training
programs by workers served by centers of excellence
designated under subsection (a), as well as the
availability and capacity of existing maritime training
programs to meet future demand for training programs.
``(4) Competitive awards.--
``(A) In general.--The Secretary shall award grants
under this subsection to centers of excellence
designated under subsection (a) on a competitive basis.
``(B) Timing of grant notice.--The Secretary shall
post a Notice of Funding Opportunity regarding grants
awarded under this subsection not more than 90 days
after the date of the enactment of the appropriations
Act for the fiscal year concerned.
``(C) Timing of grants.--The Secretary shall award
grants under this subsection not later than 270 days
after the date of the enactment of the appropriations
Act for the fiscal year concerned.
``(D) Reuse of unexpended grant funds.--
Notwithstanding subparagraph (C), amounts awarded as a
grant under this subsection that are not expended by
the grantee shall remain available to the Secretary for
use for grants under this subsection.
``(E) Administrative costs.--Not more than 3
percent of amounts made available to carry out this
subsection may be used for the necessary costs of grant
administration.
``(F) Prohibited use.--A center of excellence
designated under subsection (a) that has received funds
awarded under section 54101(a)(2) for training purposes
for a fiscal year shall not be eligible for grants
under this subsection during the same fiscal year.'';
and
(3) in subsection (c)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Covered training entity.--The term `covered training
entity' means an entity that--
``(A) is located in a State that borders on the--
``(i) Gulf of Mexico;
``(ii) Atlantic Ocean;
``(iii) Long Island Sound;
``(iv) Pacific Ocean;
``(v) Great Lakes; or
``(vi) Mississippi River System;
``(B) is--
``(i) a postsecondary educational
institution (as such term is defined in section
3(39) of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C.
2302));
``(ii) a postsecondary vocational
institution (as such term is defined in section
102(c) of the Higher Education Act of 1965 (20
U.S.C. 1002(c));
``(iii) a public or private nonprofit
entity that offers one or more other structured
experiential learning training programs for
United States workers in the United States
maritime industry, including a program that is
offered by a labor organization or conducted in
partnership with a nonprofit organization or
one or more employers in the United States
maritime industry;
``(iv) an entity sponsoring an
apprenticeship program registered with the
Office of Apprenticeship of the Employment and
Training Administration of the Department of
Labor or a State apprenticeship agency
recognized by the Office of Apprenticeship
pursuant to the Act of August 16, 1937
(commonly known as the `National Apprenticeship
Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50
et seq.); or
``(v) a maritime training center designated
prior to the date of enactment of the National
Defense Authorization Act for Fiscal Year 2023;
and
``(C) has a demonstrated record of success in
maritime workforce training and education.''; and
(B) by adding at the end the following:
``(3) Career and technical education.--The term `career and
technical education' has the meaning given such term in section
3(5) of the Carl D. Perkins Career and Technical Education Act
(20 U.S.C. 2302).
``(4) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(5) Training program.--The term `training program' means
a program that provides training services, as described in
section 134(c)(3)(D) of the Workforce Innovation and
Opportunity Act (Public Law 113-128; 29 U.S.C. 3174).
``(6) United states maritime industry.--The term `United
States maritime industry' means the design, construction,
repair, operation, manning, and supply of vessels in all
segments of the maritime transportation system of the United
States, including--
``(A) the domestic and foreign trade;
``(B) the coastal, offshore, and inland trade;
``(C) non-commercial maritime activities,
including--
``(i) recreational boating; and
``(ii) oceanographic and limnological
research as described in section 2101(24).''.
(b) Publicly Available Report.--Not later than December 15 in each
of calendar years 2022 through 2024, the Secretary of Transportation
shall make publicly available on an appropriate website a report, and
provide to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a briefing, on the implementation of the
amendments under this section. Such report and briefing shall include--
(1) a description of each grant awarded under subsection
(b) of section 51706 of title 46, United States Code, as
amended by subsection (a), during the fiscal year preceding the
fiscal year during which the report is submitted; and
(2) an assessment of the effects of each such grant under
this subsection on workers who received training provided
pursuant to the grant during the fiscal year preceding the
fiscal year during which the report was submitted.
(c) Guidelines.--Not later than one year after the date of
enactment of this Act, the Secretary of Transportation shall--
(1) prescribe guidelines for the submission of grant
proposals under section 51706(b) of title 46, United States
Code, as amended by subsection (a); and
(2) publish and maintain such guidelines on the website of
the Department of Transportation.
(d) Assistance for Small Shipyards.--Section 54101(e) of title 46,
United States Code, is amended by striking paragraph (2) and inserting
the following:
``(2) Allocation of funds.--
``(A) In general.--The Administrator may not award
more than 25 percent of the funds made available to
carry out this section for any fiscal year to any small
shipyard in one geographic location that has more than
600 employees.
``(B) Ineligibility.--A maritime training center
that has received funds awarded under section 51706 of
title 46, United States Code, shall not be eligible for
grants under this subsection for training purposes in
the same fiscal year.''.
SEC. 3533. ENSURING DIVERSE MARINER RECRUITMENT.
Not later than six months after the date of the enactment of this
Act, the Secretary of Transportation shall develop and deliver to
Congress a strategy to assist State maritime academies and the United
States Merchant Marine Academy in improving the representation in the
next generation of the mariner workforce of women and underrepresented
communities, including each of the following:
(1) Black and African American.
(2) Hispanic and Latino.
(3) Asian.
(4) American Indian, Alaska Native, and Native Hawaiian.
(5) Pacific Islander.
SEC. 3534. LOW EMISSIONS VESSELS TRAINING.
(a) Development of Strategy.--The Secretary of Transportation, in
consultation with the United States Merchant Marine Academy, State
maritime academies, civilian nautical schools, and the Secretary of the
department in which Coast Guard is operating, shall develop a strategy
to ensure there is an adequate supply of trained United States citizen
mariners sufficient to meet the operational requirements of low and
zero emission vessels. Implementation of the strategy shall aim to
increase the supply of trained United States citizen mariners
sufficient to meet the needs of the maritime industry and ensure
continued investment in training for mariners serving on conventional
fuel vessels.
(b) Report.--Not later than six months after the date the Secretary
of Transportation determines that there is commercially viable
technology for low and zero emission vessels, the Secretary of
Transportation shall--
(1) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the strategy developed under
subsection (a) and plans for its implementation; and
(2) make such report publicly available.
Subtitle E--Other Matters
SEC. 3541. WAIVER OF NAVIGATION AND VESSEL INSPECTION LAWS.
Section 501 of title 46, United States Code, is amended--
(1) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--Upon a determination by the President
that a waiver of the navigation or vessel-inspection laws is
necessary in the interest of national defense, the head of an
agency responsible for the administration of such laws, may
waive compliance with such laws--
``(A) following a determination in accordance with
the requirements of paragraph (3) by the Maritime
Administrator, acting in the Administrator's capacity
as Director, National Shipping Authority, of the non-
availability of qualified United States flag capacity
to meet national defense requirements;
``(B) not earlier than 48 hours after a waiver
request is published under paragraph (6)(A); and
``(C) on a vessel specific basis to the extent, in
the manner, and on the terms the head of such agency,
in consultation with the Administrator, acting in such
capacity, prescribes.'';
(B) in paragraph (2)(B) by striking
``determinations referred to in paragraph (1)'' and
inserting ``determination referred to in paragraph
(1)(A)'';
(C) in paragraph (3) by striking subparagraph (A)
and inserting the following:
``(A) for each determination referred to in
paragraph (1)(A)--
``(i) identify any actions that could be
taken to enable qualified United States flag
capacity to meet national defense requirements
prior to the issuance of a waiver; and
``(ii) not assess the non-availability of
qualified United States flag capacity to meet
national defense requirements retrospectively
after the date on which a waiver is
requested;''; and
(D) by adding at the end the following:
``(5) Prospective application.--No waiver shall be issued
for a vessel if, at the time of the waiver request under this
section, such vessel is laden with merchandise that, pursuant
to the requested waiver, could be unladen at points or places
to which the coastwise laws apply.
``(6) Publication requirements.--
``(A) Publication of waiver requests.--Upon
receiving a request for a waiver under this subsection,
the head of an agency referred to in paragraph (1)
shall publish such request on the website of such
agency.
``(B) Publication of waiver denial.--Not later than
48 hours after denying a waiver requested under this
subsection, the head of an agency referred to in
paragraph (1) shall publish on the website of such
agency an explanation for denying such waiver,
including applicable findings to support the denial.'';
and
(2) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A) by
inserting ``and the individual requesting such waiver
(if not the owner or operator of the vessel)'' before
``shall submit'';
(B) in subparagraph (C) by striking ``and'' at the
end;
(C) by redesignating subparagraphs (B), (C), and
(D) as subparagraphs (C), (D), and (G), respectively;
(D) by inserting after subparagraph (A) the
following:
``(B) the name of the owner and operator of the
vessel;''; and
(E) by inserting after subparagraph (D), as so
redesignated, the following:
``(E) a description of the cargo carried;
``(F) an explanation as to why the waiver was in
the interest of national defense; and''.
SEC. 3542. NATIONAL MARITIME STRATEGY.
(a) Study to Inform a National Maritime Strategy.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Transportation and
the Secretary of the department in which the Coast Guard is
operating shall seek to enter into an agreement with a studies
and analysis federally funded research and development center
under which such center shall conduct a study to identify the
key elements needed for a national maritime strategy that is
designed to--
(A) achieve the objectives described in section
50101 of title 46, United States Code; and
(B) ensure--
(i) a capable, commercially viable,
militarily useful fleet of a sufficient number
of merchant vessels documented under chapter
121 of title 46, United States Code;
(ii) a robust United States mariner
workforce, as described in section 50101 of
title 46, United States Code;
(iii) strong United States domestic
shipbuilding infrastructure, and related
shipbuilding trades amongst skilled workers in
the United States; and
(iv) that the Navy Fleet Auxiliary Force,
the National Defense Reserve Fleet, the
Military Sealift Command, the Maritime Security
Program under chapter 531 of title 46, United
States Code, the Cable Security Program under
chapter 532 of title 46, United States Code,
and the Tanker Security Program under chapter
534 of title 46, United States Code currently
meet the economic and national security needs
of the United States and would reliably
continue to meet those needs under future
economic or national security emergencies.
(2) Deadline for completion.--An agreement entered into
pursuant to paragraph (1) shall specify that the federally
funded research and development center shall complete the study
by not later than one year after the date of the enactment of
this Act.
(3) Input.--An agreement entered into pursuant to paragraph
(1) shall specify that, in carrying out the study, the
federally funded research and development center shall solicit
input from--
(A) relevant Federal departments and agencies;
(B) nongovernmental organizations;
(C) United States companies;
(D) maritime labor organizations;
(E) commercial industries that depend on United
States mariners;
(F) domestic shipyards regarding shipbuilding and
repair capacity, and the associated skilled workforce,
such as the workforce required for transportation,
offshore wind, fishing, and aquaculture;
(G) providers of maritime workforce training; and
(H) any other relevant organizations.
(4) Requirements of agreement.--An agreement entered into
pursuant to paragraph (1) shall specify that, in carrying out
the study, the federally funded research and development center
shall consult with the Secretary of Transportation, the
Secretary of Defense, the Secretary of the Department in which
the Coast Guard is operating, the Adminstrator of the National
Oceanic and Atmospheric Administration, and the heads of other
relevant Federal agencies, in the identification and evaluation
of--
(A) incentives, including regulatory changes,
needed to continue to meet the shipbuilding and ship
maintenance needs of the United States for commercial
and national security purposes, including through a
review of--
(i) the loans and guarantees program
carried out under chapter 537 of title 46,
United States Code, and how the development of
new offshore commercial industries, such as
wind energy, could be supported through
modification of such program or other Federal
programs, and thus also support the United
States sealift in the future;
(ii) the barriers to participation in the
loans and guarantees program carried out under
chapter 537 of title 46, United States Code,
and how the program may be improved to
facilitate additional shipbuilding activities
in the United States;
(iii) the needed resources, human and
financial, for such incentives; and
(iv) the current and anticipated number of
shipbuilding and ship maintenance contracts at
United States shipyards through 2032, to the
extent practicable;
(B) incentives, including regulatory changes,
needed to maintain a commercially viable United States-
documented fleet, including--
(i) an examination of how the preferences
under section 2631 of title 10, United States
Code, and chapters 531, 532, 534, and 553 of
title 46, United States Code, should be used to
further maintain and grow a United States-
documented fleet;
(ii) an identification of other incentives
that could be used that may not be authorized
at the time of the study;
(iii) an estimate of the number and type of
commercial ships needed over the next 30 years;
and
(iv) estimates of the needed human and
financial resources for such incentives;
(C) the availability of United States mariners, and
future needs, including--
(i) the number of mariners needed for the
United States commercial and national security
needs over the next 30 years;
(ii) the policies and programs (at the time
of the study) to recruit, train, and retain
United States mariners to support the United
States maritime workforce needs during peace
time and at war;
(iii) how those programs could be improved
to grow the number of maritime workers trained
each year, including how potential
collaboration between the uniformed services,
the United States Merchant Marine Academy,
State maritime academies, maritime labor
training centers, and the Centers of Excellence
for Domestic Maritime Workforce Training under
section 51706 of title 46, United States Code,
could be used most effectively; and
(iv) estimates of the necessary resources,
human and financial, to implement such programs
in each relevant Federal agency over the next
30 years; and
(D) the interaction among the elements described
under subparagraphs (A) through (C).
(5) Public availability.--The Secretary of Transportation
shall make publicly available on a website of the Department of
Transportation a study completed pursuant to paragraph (1).
(b) National Maritime Strategy.--
(1) In general.--Chapter 501 of title 46, United States
Code, is amended by inserting after section 50113 the following
new section:
``Sec. 50114. National maritime strategy
``(a) In General.--The Secretary of Transportation, in consultation
with the Secretary of the department in which the Coast Guard is
operating and the Commander of United States Transportation Command,
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate--
``(1) a national maritime strategy; and
``(2) not less often than once every five years after the
submission of such strategy, an update to the strategy.
``(b) Contents.--The strategy required under subsection (a) shall
include each of the following:
``(1) An identification of--
``(A) international policies and Federal
regulations and policies that reduce the
competitiveness of United States-documented vessels
with foreign vessels in domestic and international
transportation markets; and
``(B) the impact of reduced cargo flow due to
reductions in the number of members of the United
States Armed Forces stationed or deployed outside of
the United States.
``(2) Recommendations to--
``(A) make United States-documented vessels more
competitive in shipping routes between United States
and foreign ports;
``(B) increase the use of United States-documented
vessels to carry cargo imported to and exported from
the United States;
``(C) ensure compliance by Federal agencies with
chapter 553;
``(D) increase the use of short sea transportation
routes, including routes designated under section
55601(b), to enhance intermodal freight movements;
``(E) enhance United States shipbuilding
capability;
``(F) invest in, and identify gaps in,
infrastructure needed to facilitate the movement of
goods at ports and throughout the transportation
system, including innovative physical and information
technologies;
``(G) enhance workforce training and recruitment
for the maritime workforce, including training on
innovative physical and information technologies;
``(H) increase the resilience of ports and the
marine transportation system;
``(I) increase the carriage of government-impelled
cargo on United States-documented vessels pursuant to
chapter 553 of title 46, section 2631 of title 10, or
otherwise; and
``(J) maximize the cost effectiveness of Federal
funding for carriage of non-defense government impelled
cargo for the purposes of maintaining a United States
flag fleet for national and economic security.
``(c) Update.--Upon the release of a strategy or update under
subsection (a), the Secretary of Transportation shall make such
strategy or update publicly available on the website of the Department
of Transportation.
``(d) Implementation Plan.--Not later than six months after the
submission of a strategy or update under subsection (a), the Secretary
of Transportation, in consultation with the Secretary of the department
in which the Coast Guard is operating and the Secretary of Defense,
shall make publicly available on an appropriate website an
implementation plan for such strategy or update.''.
(2) Conforming repeals; deadline.--
(A) Rescission of superceded strategy.--Effective
on the date on which the Secretary of Transportation
submits the national maritime strategy under section
50114(a)(1) of title 46, United States Code, as added
by paragraph (1)--
(i) the national maritime strategy prepared
pursuant to section 603 of the Howard Coble
Coast Guard and Maritime Transportation Act of
2014 (Public Law 113-281) is rescinded; and
(ii) section 603 of the Howard Coble Coast
Guard and Maritime Transportation Act of 2014
(Public Law 113-281) is repealed.
(B) Deadline for submission of strategy.--The
Secretary shall submit the national maritime strategy
required under section 50114(a)(1) of title 46, United
States Code, as added by paragraph (1), not later than
six months after the date on which the Secretary
receives the study under subsection (a).
(3) Clerical amendment.--The analysis for chapter 501 of
title 46, United States Code, is amended by inserting after the
item relating to section 50113 the following new item:
``50114. National maritime strategy.''.
SEC. 3543. MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE PROGRAM.
(a) In General.--Section 50307 of title 46, United States Code, is
amended--
(1) by striking the subsection (a) enumerator and all that
follows through ``Transportation'' and inserting the following:
``(a) Emerging Marine Technologies and Practices.--
``(1) In general.--The Secretary of Transportation'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (A)
through (D) as clauses (i) through (iv),
respectively and adjusting the margins
accordingly; and
(ii) in clause (iv), as redesignated by
clause (i), by striking ``propeller
cavitation'' and inserting ``incidental vessel-
generated underwater noise, such as noise from
propeller cavitation or hydrodynamic flow'';
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively and adjusting
the margins accordingly;
(3) in subsection (c), by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively and adjusting
the margins accordingly;
(4) by redesignating subsections (b) through (d) as
paragraphs (2) through (4), respectively and adjusting the
margins accordingly;
(5) by redesignating subsection (e) as subsection (b);
(6) by striking subsection (f);
(7) in subsection (a)--
(A) in paragraph (1), as designated under paragraph
(1) of this section--
(i) by inserting ``or support'' after
``engage in'';
(ii) by striking ``the use of public'' and
all that follows through the end of the
sentence and inserting ``eligible entities.'';
(B) in paragraph (2), as redesignated under
paragraph (4) of this section--
(i) by striking ``this section'' and
inserting ``this subsection'';
(ii) by striking ``or improve'' and
inserting ``improve, or support efforts related
to,'';
(C) in paragraph (3), as redesignated by paragraph
(4) of this section, by striking ``under subsection
(b)(2) may include'' and inserting ``with other Federal
agencies or with State, local, or Tribal governments,
as appropriate, under paragraph (2)(B) may include'';
(D) in paragraph (4), as redesignated by paragraph
(4) of this section--
(i) by striking ``academic, public,
private, and nongovernmental entities and
facilities'' and inserting ``eligible
entities''; and
(ii) by striking ``subsection (a)'' and
inserting ``this subsection''; and
(E) by adding at the end the following:
``(5) Grants.--Subject to the availability of
appropriations, the Maritime Administrator, may establish and
carry out a competitive grant program to award grants to
eligible entities for projects in the United States consistent
with the goals of this subsection to study, evaluate, test,
demonstrate, or apply technologies and practices to improve
environmental performance.'';
(8) in subsection (b), as redesignated by paragraph (5) of
this section, by striking ``subsection (b)(1)'' and inserting
``this section''; and
(9) by adding at the end the following:
``(c) Vessels.--Activities carried out under a grant or cooperative
agreement made under this section may be conducted on public vessels
under the control of the Maritime Administration, upon approval of the
Maritime Administrator.
``(d) Eligible Entity Defined.--In this section, the term `eligible
entity' means--
``(1) a private entity, including a nonprofit organization;
``(2) a State, regional, or local government or entity,
including special districts;
``(3) an Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)) or a consortium of Indian Tribes;
``(4) an institution of higher education as defined under
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002); or
``(5) a partnership or collaboration of entities described
in paragraphs (1) through (4).
``(e) Center for Maritime Innovation.--
``(1) In general.--The Secretary of Transportation shall,
through a cooperative agreement, establish a United States
Center for Maritime Innovation (referred to in this subsection
as the `Center') to support the study, research, development,
assessment, and deployment of emerging marine technologies and
practices related to the maritime transportation system.
``(2) Selection.--The Center shall be--
``(A) selected through a competitive process of
eligible entities, and if a private entity, a domestic
entity;
``(B) based in the United States with technical
expertise in emerging marine technologies and practices
related to the maritime transportation system; and
``(C) located in close proximity to eligible
entities with expertise in United States emerging
marine technologies and practices, including the use of
alternative fuels and the development of both vessel
and shoreside infrastructure.
``(3) Coordination.--The Secretary of Transportation shall
coordinate with other agencies critical for science, research,
and regulation of emerging marine technologies for the maritime
sector, including the Department of Energy, the Environmental
Protection Agency, the National Science Foundation, and the
Coast Guard, when establishing the Center.
``(4) Functions.--The Center shall--
``(A) support eligible entities regarding the
development and use of clean energy and necessary
infrastructure to support the deployment of clean
energy on vessels of the United States;
``(B) monitor and assess, on an ongoing basis, the
current state of knowledge regarding emerging marine
technologies in the United States;
``(C) identify any significant gaps in emerging
marine technologies research specific to the United
States maritime industry, and seek to fill those gaps;
``(D) conduct research, development, testing, and
evaluation for equipment, technologies, and techniques
to address the components under subsection (a)(2);
``(E) provide--
``(i) guidance on best available
technologies;
``(ii) technical analysis;
``(iii) assistance with understanding
complex regulatory requirements; and
``(iv) documentation of best practices in
the maritime industry, including training and
informational webinars on solutions for the
maritime industry; and
``(F) work with academic and private sector
response training centers and Domestic Maritime
Workforce Training and Education Centers of Excellence
to develop maritime strategies applicable to various
segments of the United States maritime industry,
including the inland, deep water, and coastal
fleets.''.
(b) Deadline for Implementation.--The Secretary of Transportation
shall establish the United States Center for Maritime Innovation under
subsection (e) of section 50307 of title 46, United States Code, as
added by subsection (a), by not later than one year after the date of
the enactment of this Act.
SEC. 3544. DEFINITION OF QUALIFIED VESSEL.
Section 53501(5)(A)(iii) of title 46, United States Code, is
amended by striking ``United States foreign, Great Lakes, noncontiguous
domestic, or short sea transportation trade'' and inserting ``foreign
or domestic trade of the United States''.
SEC. 3545. ESTABLISHING A CAPITAL CONSTRUCTION FUND.
Section 53503(b) of title 46, United States Code, is amended by
striking ``United States foreign, Great Lakes, noncontiguous domestic,
or short sea transportation trade'' and inserting ``foreign or domestic
trade of the United States''.
SEC. 3546. RECAPITALIZATION OF NATIONAL DEFENSE RESERVE FLEET.
(a) In General.--Subject to the availability of appropriations, the
Secretary of Transportation, in consultation with the Chief of Naval
Operations and the Commandant of the Coast Guard, shall--
(1) complete the design of a roll-on, roll-off cargo vessel
for the National Defense Reserve Fleet to allow for the
construction of such vessel to begin in fiscal year 2024; and
(2) seek to enter into an agreement with an appropriate
vessel construction manager under which the vessel construction
manager shall enter into a contract for the construction of not
more than ten such vessels in accordance with this section.
(b) Construction and Documentation Requirements.--A vessel
constructed pursuant to this section shall meet the requirements for,
and be issued a certificate of, documentation and a coastwise
endorsement under chapter 121 of title 46, United States Code.
(c) Design Standards and Construction Practices.--Subject to
subsection (b), a vessel constructed pursuant to this section shall be
constructed using commercial design standards and commercial
construction practices that are consistent with the best interests of
the Federal Government.
(d) Consultation With Other Federal Entities.--The Secretary of
Transportation shall consult and coordinate with the Secretary of the
Navy and may consult with the heads of other appropriate Federal
agencies regarding the vessel described in subsection (a) and
activities associated with such vessel.
(e) Limitation on Use of Funds for Used Vessels.--None of the funds
authorized to be appropriated by this Act or otherwise made available
to carry out this section may be used for the procurement of any used
vessel.
SEC. 3547. SENSE OF CONGRESS ON MERCHANT MARINE.
It is the sense of Congress that the United States Merchant Marine
is a critical part of the national infrastructure of the United States,
and the men and women of the United States Merchant Marine are
essential workers.
SEC. 3548. ANALYSIS OF EFFECTS OF CHEMICALS IN STORMWATER RUNOFF ON
PACIFIC SALMON AND STEELHEAD.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Under Secretary of Commerce for Oceans and Atmosphere,
in coordination with the Secretary of Transportation and the
Administrator of the Environmental Protection Agency, and in
consultation with the Director of the United States Fish and Wildlife
Service, shall commence an analysis of--
(1) the science relating to tire-related chemicals in
stormwater runoff at ports and the effects of such chemicals on
Pacific salmon and steelhead; and
(2) the challenges of studying tire-related chemicals in
stormwater runoff at ports and the effects of such chemicals on
Pacific salmon and steelhead.
(b) Report.--Not later than 18 months after commencing the analysis
required under subsection (a), the Under Secretary of Commerce for
Oceans and Atmosphere, in coordination with the Secretary of
Transportation and the Administrator of the Environmental Protection
Agency, shall submit to the appropriate congressional committees, and
make publicly available, a report that includes--
(1) the findings of the analysis; and
(2) recommendations--
(A) to improve the monitoring of stormwater and
research related to run-off for tire-related chemicals
and the effects of such chemicals on Pacific salmon and
steelhead at ports; and
(B) based on the best available science on relevant
management approaches at ports under their respective
jurisdictions.
(c) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Commerce, Science, and Transportation
and the Committee on Environment and Public Works of the
Senate; and
(2) the Committee on Transportation and Infrastructure and
the Committee on Natural Resources of the House of
Representatives.
SEC. 3549. REPORT ON EFFECTIVE VESSEL QUIETING MEASURES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Administrator of the Maritime
Administration, in consultation with the Under Secretary of Commerce
for Oceans and Atmosphere and the Secretary of the Department in which
the Coast Guard is operating, shall submit to the appropriate
congressional committees, and make publicly available on an appropriate
website of the Department of Transportation, a report that includes
each of the following:
(1) An identification of technology-based controls and best
management practices for reducing vessel-generated underwater
noise.
(2) For each technology-based control or best management
practice identified under paragraph (1), an evaluation of--
(A) the applicability of each control and practice
to various vessel types;
(B) the technical feasibility and economic
achievability of each control or practice; and
(C) the co-benefits and trade-offs of each control
or practice.
(3) Such other matters as the Administrator determines
appropriate.
(b) Committees.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Commerce, Science, and Transportation
of the Senate; and
(2) the Committee on Natural Resources and the Committee on
Transportation and Infrastructure of the House of
Representatives.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program, or
activity, the obligation and expenditure of the specified dollar amount
for the project, program, or activity is hereby authorized, subject to
the availability of appropriations.
(b) Merit-based Decisions.--
(1) In general.--A decision to commit, obligate, or expend
funds with or to a specific entity on the basis of a dollar
amount authorized pursuant to subsection (a) shall--
(A) except as provided in paragraph (2), be based
on merit-based selection procedures in accordance with
the requirements of sections 2304(k) and 2374 of title
10, United States Code, or on competitive procedures;
and
(B) comply with other applicable provisions of law.
(2) Exception.--Paragraph (1)(A) does not apply to a
decision to commit, obligate, or expend funds on the basis of a
dollar amount authorized pursuant to subsection (a) if the
project, program, or activity involved--
(A) is listed in section 4201; and
(B) is identified as Community Project Funding
through the inclusion of the abbreviation ``CPF''
immediately before the name of the project, program, or
activity.
(c) Relationship to Transfer and Programming Authority.--An amount
specified in the funding tables in this division may be transferred or
reprogrammed under a transfer or reprogramming authority provided by
another provision of this Act or by other law. The transfer or
reprogramming of an amount specified in such funding tables shall not
count against a ceiling on such transfers or reprogrammings under
section 1001 of this Act or any other provision of law, unless such
transfer or reprogramming would move funds between appropriation
accounts.
(d) Applicability to Classified Annex.--This section applies to any
classified annex that accompanies this Act.
(e) Oral and Written Communications.--No oral or written
communication concerning any amount specified in the funding tables in
this division shall supersede the requirements of this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2023 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
002 MQ-1 UAV............. 350,000
Program increase--MQ- [350,000]
1 for Army National
Guard.
005 SMALL UNMANNED 10,598 20,598
AIRCRAFT SYSTEMS.
Short Range [10,000]
Reconnaissance
acceleration.
ROTARY
007 AH-64 APACHE BLOCK 524,661 524,661
IIIA REMAN.
008 AH-64 APACHE BLOCK 169,218 169,218
IIIA REMAN.
010 UH-60 BLACKHAWK M 650,406 707,806
MODEL (MYP).
Add 2 aircraft-- [57,400]
combat loss
replacement.
011 UH-60 BLACKHAWK M 68,147 68,147
MODEL (MYP).
012 UH-60 BLACK HAWK L 178,658 178,658
AND V MODELS.
013 CH-47 HELICOPTER..... 169,149 366,849
Three additional [197,700]
aircraft.
014 CH-47 HELICOPTER..... 18,749 18,749
MODIFICATION OF
AIRCRAFT
016 MQ-1 PAYLOAD......... 57,700 57,700
018 GRAY EAGLE MODS2..... 13,038 133,038
Program increase--MQ- [120,000]
1C Gray Eagle
extended range multi-
domain operations.
019 MULTI SENSOR ABN 21,380 21,380
RECON.
020 AH-64 MODS........... 85,840 85,840
021 CH-47 CARGO 11,215 36,215
HELICOPTER MODS
(MYP).
Degraded visual [25,000]
environment system.
024 EMARSS SEMA MODS..... 1,591 1,591
026 UTILITY HELICOPTER 21,346 29,346
MODS.
Load stabilization [8,000]
systems.
027 NETWORK AND MISSION 44,526 44,526
PLAN.
028 COMMS, NAV 72,387 72,387
SURVEILLANCE.
030 AVIATION ASSURED PNT. 71,130 69,320
PM costs excess...... [-1,810]
031 GATM ROLLUP.......... 14,683 14,683
GROUND SUPPORT
AVIONICS
034 AIRCRAFT 167,927 167,927
SURVIVABILITY
EQUIPMENT.
035 SURVIVABILITY CM..... 6,622 6,622
036 CMWS................. 107,112 107,112
037 COMMON INFRARED 288,209 288,209
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
039 COMMON GROUND 20,823 20,823
EQUIPMENT.
040 AIRCREW INTEGRATED 25,773 25,773
SYSTEMS.
041 AIR TRAFFIC CONTROL.. 27,492 27,492
042 LAUNCHER, 2.75 ROCKET 1,275 1,275
043 UNDISTRIBUTED........ 90,141
Inflation effects.... [90,141]
TOTAL AIRCRAFT 2,849,655 3,706,086
PROCUREMENT, ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
001 LOWER TIER AIR AND 4,260 4,260
MISSILE DEFENSE
(AMD) SEN.
002 LOWER TIER AIR AND 9,200 9,200
MISSILE DEFENSE
(AMD) SEN.
003 M-SHORAD--PROCUREMENT 135,747 410,809
Additional units-- [111,100]
Army UPL.
Hellfire pod [55,740]
replacement--Army
UPL.
Production line--Army [108,222]
UPL.
004 MSE MISSILE.......... 1,037,093 1,037,093
005 PRECISION STRIKE 213,172 213,172
MISSILE (PRSM).
006 INDIRECT FIRE 18,924 18,924
PROTECTION
CAPABILITY INC 2-I.
AIR-TO-SURFACE
MISSILE SYSTEM
007 HELLFIRE SYS SUMMARY. 111,294 111,294
008 JOINT AIR-TO-GROUND 216,030 252,030
MSLS (JAGM).
Defense Industrial [36,000]
Base (DIB) Expansion
for AGM-179 Joint
Air-to-Ground
Missiles (JAGM).
010 LONG-RANGE HYPERSONIC 249,285 249,285
WEAPON.
ANTI-TANK/ASSAULT
MISSILE SYS
011 JAVELIN (AAWS-M) 162,968 162,968
SYSTEM SUMMARY.
012 TOW 2 SYSTEM SUMMARY. 105,423 105,423
013 GUIDED MLRS ROCKET 785,028 785,028
(GMLRS).
014 MLRS REDUCED RANGE 4,354 4,354
PRACTICE ROCKETS
(RRPR).
015 HIGH MOBILITY 155,705 155,705
ARTILLERY ROCKET
SYSTEM (HIMARS.
016 LETHAL MINIATURE 37,937 112,937
AERIAL MISSILE
SYSTEM (LMAMS.
Procurement of [75,000]
Switchblade 600
variant.
MODIFICATIONS
017 PATRIOT MODS......... 253,689 1,193,689
2 Additional Fire [700,000]
Units and a
Dismounted Patriot
Information and
Coordination Central
(D-PICC).
Defense Industrial [240,000]
Base (DIB) Expansion
for PATRIOT Advanced
Capability - 3 (PAC-
3) Missile Segment.
020 ITAS/TOW MODS........ 5,154 5,154
021 MLRS MODS............ 218,359 218,359
022 HIMARS MODIFICATIONS. 20,468 20,468
SPARES AND REPAIR
PARTS
023 SPARES AND REPAIR 6,508 6,508
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
024 AIR DEFENSE TARGETS.. 11,317 11,317
025 INDUSTRIAL 150,000
PREPAREDNESS.
Blk 1 refurb missiles [150,000]
026 UNDISTRIBUTED........ 117,940
Inflation effects.... [117,940]
TOTAL MISSILE 3,761,915 5,355,917
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
001 ARMORED MULTI PURPOSE 380,677 780,677
VEHICLE (AMPV).
Program increase..... [400,000]
002 ASSAULT BREACHER 3,852 3,852
VEHICLE (ABV).
003 MOBILE PROTECTED 356,708 356,708
FIREPOWER.
MODIFICATION OF
TRACKED COMBAT
VEHICLES
004 STRYKER UPGRADE...... 671,271 891,171
Program increase [219,900]
modifications--Army
UPL.
005 BRADLEY PROGRAM (MOD) 279,531 279,531
006 M109 FOV 3,028 3,028
MODIFICATIONS.
007 PALADIN INTEGRATED 493,003 688,003
MANAGEMENT (PIM).
Program increase..... [195,000]
008 IMPROVED RECOVERY 138,759 138,759
VEHICLE (M88A2
HERCULES).
012 JOINT ASSAULT BRIDGE. 36,990 36,990
014 ABRAMS UPGRADE 656,340 1,278,140
PROGRAM.
Program increase [97,200]
modifications--Army
UPL.
Program increase [524,600]
upgrades--Army UPL.
WEAPONS & OTHER
COMBAT VEHICLES
017 MULTI-ROLE ANTI-ARMOR 26,627 26,627
ANTI-PERSONNEL
WEAPON S.
018 MORTAR SYSTEMS....... 8,516 8,516
019 LOCATION & AZIMUTH 48,301 48,301
DETERMINATION SYSTEM
(LADS.
020 XM320 GRENADE 11,703 11,703
LAUNCHER MODULE
(GLM).
021 PRECISION SNIPER 6,436 6,436
RIFLE.
024 NEXT GENERATION SQUAD 221,293 202,881
WEAPON.
Automatic rifle [-3,387]
contract delays.
Rifle contract delays [-15,025]
MOD OF WEAPONS AND
OTHER COMBAT VEH
028 M777 MODS............ 3,374 3,374
033 M119 MODIFICATIONS... 2,263 2,263
SUPPORT EQUIPMENT &
FACILITIES
036 ITEMS LESS THAN $5.0M 2,138 2,138
(WOCV-WTCV).
037 PRODUCTION BASE 225,220 225,220
SUPPORT (WOCV-WTCV).
038 UNDISTRIBUTED........ 100,659
Inflation effects.... [100,659]
TOTAL PROCUREMENT OF 3,576,030 5,094,977
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 59,447 64,724
TYPES.
Ahead of need........ [-4,723]
Program increase..... [10,000]
002 CTG, 7.62MM, ALL 90,019 96,364
TYPES.
Carryover............ [-3,655]
Program increase..... [10,000]
003 NEXT GENERATION SQUAD 128,662 96,496
WEAPON AMMUNITION.
Schedule delays...... [-32,166]
004 CTG, HANDGUN, ALL 317 317
TYPES.
005 CTG, .50 CAL, ALL 35,849 45,849
TYPES.
Program increase..... [10,000]
006 CTG, 20MM, ALL TYPES. 11,761 21,761
CRAM program increase [10,000]
007 CTG, 25MM, ALL TYPES. 10,270 10,270
008 CTG, 30MM, ALL TYPES. 143,045 143,045
009 CTG, 40MM, ALL TYPES. 85,213 85,213
MORTAR AMMUNITION
010 60MM MORTAR, ALL 33,338 33,338
TYPES.
011 81MM MORTAR, ALL 56,577 56,577
TYPES.
012 120MM MORTAR, ALL 127,168 127,168
TYPES.
TANK AMMUNITION
013 CARTRIDGES, TANK, 296,943 293,443
105MM AND 120MM, ALL
TYPES.
120mm MPT--Unit cost [-3,500]
growth.
ARTILLERY AMMUNITION
014 ARTILLERY CARTRIDGES, 7,647 7,647
75MM & 105MM, ALL
TYPES.
015 ARTILLERY PROJECTILE, 182,455 212,455
155MM, ALL TYPES.
Defense Industrial [40,000]
Base (DIB) Expansion
for XM1128 and XM113
(IB only)--155mm
rounds.
Proj Arty 155mm HE [-10,000]
RAP M1210--Early to
need.
017 PRECISION ARTILLERY 166,334 166,334
MUNITIONS.
018 ARTILLERY 143,763 143,763
PROPELLANTS, FUZES
AND PRIMERS, ALL.
MINES
019 MINES & CLEARING 80,920 80,920
CHARGES, ALL TYPES.
020 CLOSE TERRAIN SHAPING 53,579 53,579
OBSTACLE.
ROCKETS
021 SHOULDER LAUNCHED 18,159 18,159
MUNITIONS, ALL TYPES.
022 ROCKET, HYDRA 70, ALL 171,697 171,697
TYPES.
OTHER AMMUNITION
023 CAD/PAD, ALL TYPES... 7,643 7,643
024 DEMOLITION MUNITIONS, 29,796 29,796
ALL TYPES.
025 GRENADES, ALL TYPES.. 36,251 36,251
026 SIGNALS, ALL TYPES... 13,852 13,852
027 SIMULATORS, ALL TYPES 9,350 9,350
MISCELLANEOUS
029 AMMO COMPONENTS, ALL 3,823 3,823
TYPES.
030 ITEMS LESS THAN $5 19,921 19,921
MILLION (AMMO).
031 AMMUNITION PECULIAR 13,001 13,001
EQUIPMENT.
032 FIRST DESTINATION 17,528 17,528
TRANSPORTATION
(AMMO).
033 CLOSEOUT LIABILITIES. 101 101
PRODUCTION BASE
SUPPORT
034 INDUSTRIAL FACILITIES 499,613 678,063
Construction of [10,000]
Automated
Contaminated Waste
Plant, Lake City AAP.
Construction of [3,000]
Electrical System
Upgrade Phase I,
Scranton AAP.
Construction of Erie [700]
1--Unload
Manipulator,
Scranton AAP.
Construction of Forge [500]
Shop--Process Smog
Removal System,
Scranton AAP.
Construction of Forge [1,250]
Shop--Replace Pipes
(Subway Area),
Scranton AAP.
Construction of [1,600]
Industrial Sewer
Modernization, Iowa
AAP.
Construction of [4,300]
Infrastructure
Repairs Phase I,
Scranton AAP.
Construction of [3,030]
Infrastructure
Repairs Phase II,
Scranton AAP.
Construction of [2,400]
Medium Cal X-Ray
Equipment &
Infrastructure, Iowa
AAP.
Construction of [8,530]
Replace Internal
Water/Condensate
Lines, Bldgs 1, 2, &
3, Lake City AAP.
Construction of Small [8,000]
Caliber Automated
Primer Design, Lake
City AAP.
Construction of [3,300]
Storage Yard K Mod &
Automation, Iowa AAP.
Construction of Ultra [3,740]
Violet Fire
Detection System,
Iowa AAP.
Construction of [5,600]
Upgrade Laundry
Facility, Holston
AAP.
Construction of Water [25,000]
Distribution System,
Radford AAP.
Construction of Water [2,500]
In-take Pumps (B.
407), Radford AAP.
Urgent Safety [95,000]
Upgrades to LCAAP.
035 CONVENTIONAL 80,970 80,970
MUNITIONS
DEMILITARIZATION.
036 ARMS INITIATIVE...... 4,039 4,039
037 UNDISTRIBUTED........ 78,556
Inflation effects.... [78,556]
TOTAL PROCUREMENT OF 2,639,051 2,922,013
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
002 SEMITRAILERS, 23,021 23,021
FLATBED:.
003 SEMITRAILERS, TANKERS 21,869 19,369
Carryover............ [-2,500]
004 HI MOB MULTI-PURP 6,121 6,121
WHLD VEH (HMMWV).
005 GROUND MOBILITY 34,316 47,116
VEHICLES (GMV).
Program increase-- [12,800]
Infantry Squad
Vehicle.
007 JOINT LIGHT TACTICAL 703,110 686,396
VEHICLE FAMILY OF
VEHICL.
Unit cost increases.. [-16,714]
008 TRUCK, DUMP, 20T 30,000
(CCE).
Program increase..... [30,000]
009 FAMILY OF MEDIUM 74,086 157,746
TACTICAL VEH (FMTV).
Program increase..... [83,660]
010 FAMILY OF COLD 23,772 23,772
WEATHER ALL-TERRAIN
VEHICLE (C.
011 FIRETRUCKS & 39,950 39,950
ASSOCIATED
FIREFIGHTING EQUIP.
012 FAMILY OF HEAVY 96,112 206,112
TACTICAL VEHICLES
(FHTV).
Program increase..... [110,000]
013 PLS ESP.............. 54,674 54,674
016 MODIFICATION OF IN 31,819 214,819
SVC EQUIP.
HMMWV safety upgrades [183,000]
NON-TACTICAL VEHICLES
017 PASSENGER CARRYING 1,286 1,286
VEHICLES.
018 NONTACTICAL VEHICLES, 15,059 15,059
OTHER.
COMM--JOINT
COMMUNICATIONS
019 SIGNAL MODERNIZATION 179,853 169,853
PROGRAM.
Equipment Cost Growth [-5,000]
Software Cost Growth. [-5,000]
020 TACTICAL NETWORK 382,007 417,007
TECHNOLOGY MOD IN
SVC.
Program acceleration [35,000]
(mobile networking
for three maneuver
battalions).
022 DISASTER INCIDENT 4,066 4,066
RESPONSE COMMS
TERMINAL (DI.
023 JCSE EQUIPMENT 5,505 5,505
(USRDECOM).
COMM--SATELLITE
COMMUNICATIONS
026 DEFENSE ENTERPRISE 107,228 107,228
WIDEBAND SATCOM
SYSTEMS.
027 TRANSPORTABLE 119,259 114,250
TACTICAL COMMAND
COMMUNICATIONS.
Carryover............ [-5,009]
028 SHF TERM............. 23,173 23,173
029 ASSURED POSITIONING, 184,911 184,911
NAVIGATION AND
TIMING.
030 EHF SATELLITE 5,853 5,853
COMMUNICATION.
031 SMART-T (SPACE)...... 4,916 4,916
032 GLOBAL BRDCST SVC-- 3,179 3,179
GBS.
COMM--C3 SYSTEM
034 COE TACTICAL SERVER 94,287 90,387
INFRASTRUCTURE (TSI).
Unjustified cost [-3,900]
growth.
COMM--COMBAT
COMMUNICATIONS
035 HANDHELD MANPACK 728,366 720,592
SMALL FORM FIT (HMS).
Early to need--single- [-5,774]
channel data radio.
Excess to need-- [-2,000]
handheld radio
systems engineering.
037 ARMY LINK 16 SYSTEMS. 47,581 47,581
039 UNIFIED COMMAND SUITE 20,178 20,178
040 COTS COMMUNICATIONS 320,595 313,654
EQUIPMENT.
LCTRR costs [-6,941]
previously funded.
041 FAMILY OF MED COMM 7,621 7,621
FOR COMBAT CASUALTY
CARE.
042 ARMY COMMUNICATIONS & 59,705 59,705
ELECTRONICS.
COMM--INTELLIGENCE
COMM
043 CI AUTOMATION 13,891 13,891
ARCHITECTURE-INTEL.
045 MULTI-DOMAIN 20,637 20,637
INTELLIGENCE.
INFORMATION SECURITY
046 INFORMATION SYSTEM 1,019 1,019
SECURITY PROGRAM-
ISSP.
047 COMMUNICATIONS 125,692 125,692
SECURITY (COMSEC).
049 INSIDER THREAT 1,796 1,796
PROGRAM--UNIT
ACTIVITY MONITO.
051 BIOMETRIC ENABLING 816 816
CAPABILITY (BEC).
052 ARCYBER DEFENSIVE 18,239 18,239
CYBER OPERATIONS.
COMM--LONG HAUL
COMMUNICATIONS
054 BASE SUPPORT 10,262 25,262
COMMUNICATIONS.
CONUS land mobile [15,000]
radio.
COMM--BASE
COMMUNICATIONS
055 INFORMATION SYSTEMS.. 116,522 93,999
Ahead of need........ [-22,523]
056 EMERGENCY MANAGEMENT 5,036 5,036
MODERNIZATION
PROGRAM.
059 INSTALLATION INFO 214,806 214,806
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
062 TITAN................ 84,821 0
Army requested [-19,680]
realignment to OPA
line 66.
Army Requested [-50,900]
Realignment to RDTE.
Funding ahead of need [-14,241]
063 JTT/CIBS-M........... 2,352 2,352
064 TERRESTRIAL LAYER 88,915 8,373
SYSTEMS (TLS).
Production contract [-42,542]
ahead of need.
Realignment of funds. [-38,000]
066 DCGS-A-INTEL......... 76,771 96,451
Army requested [19,680]
realignment from OPA
line 62.
067 JOINT TACTICAL GROUND 349 349
STATION (JTAGS)-
INTEL.
068 TROJAN............... 20,562 20,562
069 MOD OF IN-SVC EQUIP 30,424 49,724
(INTEL SPT).
INDOPACOM UFR--SIGINT [9,300]
upgrades.
Prophet Enhanced ESP [10,000]
Kits.
070 BIOMETRIC TACTICAL 2,269 2,269
COLLECTION DEVICES.
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
073 AIR VIGILANCE (AV)... 5,688 5,688
074 MULTI-FUNCTION 3,060 3,060
ELECTRONIC WARFARE
(MFEW) SYST.
076 COUNTERINTELLIGENCE/ 19,519 15,019
SECURITY
COUNTERMEASURES.
Carryover............ [-4,500]
077 CI MODERNIZATION..... 437 437
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
078 SENTINEL MODS........ 166,736 166,736
079 NIGHT VISION DEVICES. 424,253 425,253
ENVGB program [100,000]
extension.
IVAS--Army requested [-99,000]
realignment to RDTE.
080 SMALL TACTICAL 11,357 11,357
OPTICAL RIFLE
MOUNTED MLRF.
082 FAMILY OF WEAPON 202,258 195,818
SIGHTS (FWS).
Program decrease..... [-6,440]
083 ENHANCED PORTABLE 5,116 5,116
INDUCTIVE ARTILLERY
FUZE SE.
084 FORWARD LOOKING 37,914 37,914
INFRARED (IFLIR).
085 COUNTER SMALL 326,364 326,364
UNMANNED AERIAL
SYSTEM (C-SUAS).
086 JOINT BATTLE COMMAND-- 186,515 186,515
PLATFORM (JBC-P).
087 JOINT EFFECTS 10,304 5,152
TARGETING SYSTEM
(JETS).
Program reduction.... [-5,152]
088 COMPUTER BALLISTICS: 3,038 3,038
LHMBC XM32.
089 MORTAR FIRE CONTROL 4,879 4,879
SYSTEM.
090 MORTAR FIRE CONTROL 4,370 4,370
SYSTEMS
MODIFICATIONS.
091 COUNTERFIRE RADARS... 162,208 162,208
ELECT EQUIP--TACTICAL
C2 SYSTEMS
092 ARMY COMMAND POST 60,455 60,455
INTEGRATED
INFRASTRUCTURE (.
093 FIRE SUPPORT C2 9,676 9,676
FAMILY.
094 AIR & MSL DEFENSE 72,619 72,619
PLANNING & CONTROL
SYS.
095 IAMD BATTLE COMMAND 438,967 438,967
SYSTEM.
096 LIFE CYCLE SOFTWARE 4,586 4,586
SUPPORT (LCSS).
097 NETWORK MANAGEMENT 37,199 37,199
INITIALIZATION AND
SERVICE.
098 GLOBAL COMBAT SUPPORT 4,102 4,102
SYSTEM-ARMY (GCSS-A).
099 INTEGRATED PERSONNEL 6,926 6,926
AND PAY SYSTEM-ARMY
(IPP.
101 MOD OF IN-SVC 4,076 15,076
EQUIPMENT (ENFIRE).
GPS laser leveling [11,000]
system.
ELECT EQUIP--
AUTOMATION
102 ARMY TRAINING 8,033 8,033
MODERNIZATION.
103 AUTOMATED DATA 96,554 96,554
PROCESSING EQUIP.
104 ACCESSIONS 43,767 19,500
INFORMATION
ENVIRONMENT (AIE).
Insufficient [-24,267]
justification.
105 GENERAL FUND 97 97
ENTERPRISE BUSINESS
SYSTEMS FAM.
106 HIGH PERF COMPUTING 73,655 73,655
MOD PGM (HPCMP).
107 CONTRACT WRITING 17,701 4,075
SYSTEM.
Licenses ahead of [-13,626]
need.
108 CSS COMMUNICATIONS... 88,141 88,141
ELECT EQUIP--SUPPORT
111 BCT EMERGING 12,853 12,853
TECHNOLOGIES.
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 1,596 1,596
CHEMICAL DEFENSIVE
EQUIPMENT
113 BASE DEFENSE SYSTEMS 47,960 47,960
(BDS).
114 CBRN DEFENSE......... 56,129 56,129
BRIDGING EQUIPMENT
116 TACTICAL BRIDGING.... 13,785 13,785
118 BRIDGE SUPPLEMENTAL 6,774 1,045
SET.
Carryover............ [-5,729]
119 COMMON BRIDGE 10,379 10,379
TRANSPORTER (CBT)
RECAP.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
124 ROBOTICS AND APPLIQUE 52,340 52,340
SYSTEMS.
COMBAT SERVICE
SUPPORT EQUIPMENT
127 HEATERS AND ECU'S.... 7,672 7,672
129 PERSONNEL RECOVERY 4,691 4,691
SUPPORT SYSTEM
(PRSS).
130 GROUND SOLDIER SYSTEM 124,953 124,953
131 MOBILE SOLDIER POWER. 15,933 15,933
132 FORCE PROVIDER....... 12,000
Program increase..... [12,000]
134 CARGO AERIAL DEL & 42,444 42,444
PERSONNEL PARACHUTE
SYSTEM.
136 ITEMS LESS THAN $5M 4,155 4,155
(ENG SPT).
PETROLEUM EQUIPMENT
137 QUALITY SURVEILLANCE 2,845 2,845
EQUIPMENT.
138 DISTRIBUTION SYSTEMS, 26,433 26,433
PETROLEUM & WATER.
MEDICAL EQUIPMENT
139 COMBAT SUPPORT 75,606 75,606
MEDICAL.
MAINTENANCE EQUIPMENT
140 MOBILE MAINTENANCE 3,936 3,936
EQUIPMENT SYSTEMS.
CONSTRUCTION
EQUIPMENT
147 ALL TERRAIN CRANES... 31,341 31,341
148 HIGH MOBILITY 10,000
ENGINEER EXCAVATOR
(HMEE).
Program increase..... [10,000]
149 FAMILY OF DIVER 3,256 3,256
SUPPORT EQUIPMENT.
150 CONST EQUIP ESP...... 9,104 9,104
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
151 ARMY WATERCRAFT ESP.. 47,889 47,889
152 MANEUVER SUPPORT 104,676 104,676
VESSEL (MSV).
153 ITEMS LESS THAN $5.0M 10,131 10,131
(FLOAT/RAIL).
GENERATORS
154 GENERATORS AND 54,400 54,400
ASSOCIATED EQUIP.
155 TACTICAL ELECTRIC 8,293 8,293
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
156 FAMILY OF FORKLIFTS.. 8,819 8,819
TRAINING EQUIPMENT
157 COMBAT TRAINING 48,046 48,046
CENTERS SUPPORT.
158 TRAINING DEVICES, 201,966 199,669
NONSYSTEM.
Program decrease..... [-2,297]
159 SYNTHETIC TRAINING 255,670 219,670
ENVIRONMENT (STE).
SiVT--Army requested [-36,000]
realignment to RDTE.
160 GAMING TECHNOLOGY IN 9,546 9,546
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
162 INTEGRATED FAMILY OF 36,514 36,514
TEST EQUIPMENT
(IFTE).
164 TEST EQUIPMENT 32,734 32,734
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
166 PHYSICAL SECURITY 102,556 116,706
SYSTEMS (OPA3).
AFRICOM UFR--force [14,150]
protection.
167 BASE LEVEL COMMON 31,417 31,417
EQUIPMENT.
168 MODIFICATION OF IN- 24,047 24,047
SVC EQUIPMENT (OPA-
3).
169 BUILDING, PRE-FAB, 32,151 32,151
RELOCATABLE.
170 SPECIAL EQUIPMENT FOR 84,779 84,779
TEST AND EVALUATION.
OPA2
172 INITIAL SPARES--C&E.. 10,463 10,463
173 UNDISTRIBUTED........ 291,568
Inflation effects.... [291,568]
TOTAL OTHER 8,457,509 8,966,932
PROCUREMENT, ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 F/A-18E/F (FIGHTER) 90,865 756,865
HORNET.
8 aircraft--USNR..... [666,000]
002 JOINT STRIKE FIGHTER 1,663,515 2,017,715
CV.
Three additional [313,600]
Joint Strike Fighter
aircraft.
TR-3 Organic Depot [40,600]
Standup.
003 JOINT STRIKE FIGHTER 387,596 224,496
CV.
Economic order [-163,100]
quantity unjustified
request.
004 JSF STOVL............ 1,909,635 1,950,235
TR-3 Organic Depot [40,600]
Standup.
005 JSF STOVL............ 200,118 200,118
006 CH-53K (HEAVY LIFT).. 1,669,986 1,898,196
Engineering change [-15,790]
orders excess growth.
Unjustified cost [-2,000]
growth--Other ILS.
Unjustified cost [-4,000]
growth--Pubs/ Tech
data.
USMC UFR--additional [250,000]
aircraft.
007 CH-53K (HEAVY LIFT).. 357,824 357,824
008 V-22 (MEDIUM LIFT)... 31,795 243,795
Unit quantity [212,000]
increase--2 aircraft.
011 P-8A POSEIDON........ 41,521 41,521
012 E-2D ADV HAWKEYE..... 842,401 1,235,762
2 additional E-2D [399,900]
aircraft--Navy UPL.
Non-recurring excess [-6,539]
growth.
TRAINER AIRCRAFT
014 MULTI-ENGINE TRAINING 123,217 107,801
SYSTEM (METS).
Support cost excess [-15,416]
growth.
015 ADVANCED HELICOPTER 119,816 119,816
TRAINING SYSTEM.
OTHER AIRCRAFT
016 KC-130J.............. 439,501 439,501
017 KC-130J.............. 29,122 29,122
019 MQ-4 TRITON.......... 587,820 584,192
Program decrease..... [-3,628]
020 MQ-4 TRITON.......... 75,235 75,235
021 MQ-8 UAV............. 21,000
Costs associated with [21,000]
restoring 5 LCS.
022 STUASL0 UAV.......... 2,703 2,703
023 MQ-25................ 696,713 696,713
024 MQ-25................ 51,463 51,463
025 MARINE GROUP 5 UAS... 103,882 98,132
Program decrease..... [-5,750]
MODIFICATION OF
AIRCRAFT
027 F-18 A-D UNIQUE...... 141,514 141,514
028 F-18E/F AND EA-18G 572,681 572,681
MODERNIZATION AND
SUSTAINM.
029 MARINE GROUP 5 UAS 86,116 86,116
SERIES.
030 AEA SYSTEMS.......... 25,058 25,058
031 AV-8 SERIES.......... 26,657 26,657
032 INFRARED SEARCH AND 144,699 134,329
TRACK (IRST).
Reduction in units... [-10,370]
033 ADVERSARY............ 105,188 105,188
034 F-18 SERIES.......... 480,663 480,663
035 H-53 SERIES.......... 40,151 40,151
036 MH-60 SERIES......... 126,238 126,238
037 H-1 SERIES........... 122,498 122,498
038 EP-3 SERIES.......... 8,492 8,492
039 E-2 SERIES........... 188,897 188,897
040 TRAINER A/C SERIES... 9,568 9,568
042 C-130 SERIES......... 132,170 132,170
043 FEWSG................ 695 695
044 CARGO/TRANSPORT A/C 10,902 10,902
SERIES.
045 E-6 SERIES........... 129,049 129,049
046 EXECUTIVE HELICOPTERS 55,265 55,265
SERIES.
047 T-45 SERIES.......... 201,670 201,670
048 POWER PLANT CHANGES.. 24,685 24,685
049 JPATS SERIES......... 19,780 19,780
050 AVIATION LIFE SUPPORT 1,143 1,143
MODS.
051 COMMON ECM EQUIPMENT. 129,722 129,722
052 COMMON AVIONICS 136,883 131,883
CHANGES.
Installation [-5,000]
equipment NRE
previously funded.
053 COMMON DEFENSIVE 6,373 6,373
WEAPON SYSTEM.
054 ID SYSTEMS........... 3,828 3,828
055 P-8 SERIES........... 249,342 249,342
056 MAGTF EW FOR AVIATION 24,684 24,684
057 MQ-8 SERIES.......... 9,846 17,146
Costs associated with [7,300]
restoring 5 LCS.
058 V-22 (TILT/ROTOR 207,621 290,121
ACFT) OSPREY.
V-22 Nacelle [82,500]
Improvement.
059 NEXT GENERATION 401,563 468,563
JAMMER (NGJ).
Program increase--2 [67,000]
shipsets - Navy UPL.
060 F-35 STOVL SERIES.... 216,356 199,294
Prior year under [-17,062]
execution.
061 F-35 CV SERIES....... 208,336 204,110
Prior year under [-4,226]
execution.
062 QRC.................. 47,864 47,864
063 MQ-4 SERIES.......... 94,738 91,977
Prior year under [-2,761]
execution.
064 RQ-21 SERIES......... 6,576 6,576
AIRCRAFT SPARES AND
REPAIR PARTS
068 SPARES AND REPAIR 1,872,417 2,166,317
PARTS.
Costs associated with [1,200]
restoring 5 LCS.
Navy UFR--aviation [292,700]
outfitting spares in
support of carrier
airwings.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
069 COMMON GROUND 542,214 542,214
EQUIPMENT.
070 AIRCRAFT INDUSTRIAL 101,559 101,559
FACILITIES.
071 WAR CONSUMABLES...... 40,316 40,316
072 OTHER PRODUCTION 46,403 46,403
CHARGES.
073 SPECIAL SUPPORT 423,280 423,280
EQUIPMENT.
074 UNDISTRIBUTED........ 491,186
Inflation effects.... [491,186]
TOTAL AIRCRAFT 16,848,428 19,478,372
PROCUREMENT, NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,125,164 1,176,164
Defense Industrial [51,000]
Base (DIB) Expansion
for Trident II Mods.
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 7,767 7,767
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 160,190 160,190
TACTICAL MISSILES
004 AMRAAM............... 335,900 335,900
005 SIDEWINDER........... 63,288 89,188
Navy UFR--additional [25,900]
AIM-9X.
006 STANDARD MISSILE..... 489,123 739,123
Capacity expansion-- [50,000]
dual-source
energetics.
Capacity expansion-- [200,000]
test/tooling
equipment.
008 JASSM................ 58,481 0
Navy requested [-12,000]
transfer to line 16.
Navy requested [-46,481]
transfer to RDTE
line 93.
009 SMALL DIAMETER BOMB 108,317 104,421
II.
Unit cost growth--AUR [-3,896]
010 RAM.................. 92,131 92,131
011 JOINT AIR GROUND 78,395 78,395
MISSILE (JAGM).
012 HELLFIRE............. 6,603 6,603
013 AERIAL TARGETS....... 183,222 183,222
014 DRONES AND DECOYS.... 62,930 50,430
Stabilize production [-12,500]
ramp.
015 OTHER MISSILE SUPPORT 3,524 3,524
016 LRASM................ 226,022 291,022
Defense Industrial [53,000]
Base (DIB) Expansion
for LRASM.
Navy requested [12,000]
transfer from line 8.
017 NAVAL STRIKE MISSILE 59,034 259,034
(NSM).
Naval Strike [200,000]
Missiles--Advanced
Procurement.
MODIFICATION OF
MISSILES
018 TOMAHAWK MODS........ 435,308 435,308
019 ESSM................. 282,035 282,035
020 AARGM................ 131,275 171,275
Production increase.. [40,000]
021 STANDARD MISSILES 71,198 71,198
MODS.
023 INDUSTRIAL 20,000
PREPAREDNESS.
Defense Industrial [20,000]
Base (DIB) Expansion
for Harpoon Missiles.
SUPPORT EQUIPMENT &
FACILITIES
022 WEAPONS INDUSTRIAL 1,976 6,976
FACILITIES.
Hypersonic test [5,000]
facility.
ORDNANCE SUPPORT
EQUIPMENT
025 ORDNANCE SUPPORT 40,793 40,793
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
026 SSTD................. 3,789 3,789
027 MK-48 TORPEDO........ 151,128 200,128
Navy UFR--additional [49,000]
MK 48 procurement.
028 ASW TARGETS.......... 14,403 14,403
MOD OF TORPEDOES AND
RELATED EQUIP
029 MK-54 TORPEDO MODS... 106,772 232,172
Mk54 LWT program [125,400]
increase.
030 MK-48 TORPEDO ADCAP 18,502 18,502
MODS.
031 MARITIME MINES....... 9,282 245,332
Hammerhead........... [225,000]
Mk68................. [11,050]
SUPPORT EQUIPMENT
032 TORPEDO SUPPORT 87,044 87,044
EQUIPMENT.
033 ASW RANGE SUPPORT.... 3,965 3,965
DESTINATION
TRANSPORTATION
034 FIRST DESTINATION 5,315 5,315
TRANSPORTATION.
GUNS AND GUN MOUNTS
035 SMALL ARMS AND 13,859 13,859
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
036 CIWS MODS............ 2,655 2,655
037 COAST GUARD WEAPONS.. 34,259 34,259
038 GUN MOUNT MODS....... 81,725 81,725
039 LCS MODULE WEAPONS... 4,580 4,580
040 AIRBORNE MINE 8,710 8,710
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
042 SPARES AND REPAIR 170,041 170,041
PARTS.
043 UNDISTRIBUTED........ 129,375
Inflation effects.... [129,375]
TOTAL WEAPONS 4,738,705 5,860,553
PROCUREMENT, NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 47,198 47,198
002 JDAM................. 76,688 76,688
003 AIRBORNE ROCKETS, ALL 70,005 70,005
TYPES.
004 MACHINE GUN 20,586 20,586
AMMUNITION.
005 PRACTICE BOMBS....... 51,109 48,843
Prior year under [-2,266]
execution.
006 CARTRIDGES & CART 72,534 72,534
ACTUATED DEVICES.
007 AIR EXPENDABLE 114,475 108,859
COUNTERMEASURES.
Program rephasing--IR [-5,616]
decoys.
008 JATOS................ 7,096 7,096
009 5 INCH/54 GUN 30,018 30,018
AMMUNITION.
010 INTERMEDIATE CALIBER 40,089 40,089
GUN AMMUNITION.
011 OTHER SHIP GUN 42,707 189,707
AMMUNITION.
Goalkeeper long lead [147,000]
procurement.
012 SMALL ARMS & LANDING 49,023 45,971
PARTY AMMO.
Excess to need--50 [-3,052]
CAL LKD and tracer.
013 PYROTECHNIC AND 9,480 9,480
DEMOLITION.
014 AMMUNITION LESS THAN 1,622 1,622
$5 MILLION.
MARINE CORPS
AMMUNITION
015 MORTARS.............. 71,214 71,214
016 DIRECT SUPPORT 65,169 62,627
MUNITIONS.
Various munitions [-2,542]
unit cost growth.
017 INFANTRY WEAPONS 225,271 225,271
AMMUNITION.
018 COMBAT SUPPORT 19,691 19,691
MUNITIONS.
019 AMMO MODERNIZATION... 17,327 17,327
020 ARTILLERY MUNITIONS.. 15,514 15,514
021 ITEMS LESS THAN $5 5,476 5,476
MILLION.
022 UNDISTRIBUTED........ 33,521
Inflation effects.... [33,521]
TOTAL PROCUREMENT OF 1,052,292 1,219,337
AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
001 OHIO REPLACEMENT 3,079,223 3,079,223
SUBMARINE.
002 OHIO REPLACEMENT 2,778,553 2,778,553
SUBMARINE.
OTHER WARSHIPS
003 CARRIER REPLACEMENT 1,481,530 1,466,530
PROGRAM.
Program decrease..... [-15,000]
004 CVN-81............... 1,052,024 1,052,024
005 VIRGINIA CLASS 4,534,184 4,534,184
SUBMARINE.
006 VIRGINIA CLASS 2,025,651 2,025,651
SUBMARINE.
008 CVN REFUELING 618,295 612,081
OVERHAULS.
Unjustified [-6,214]
electronics cost
growth.
009 DDG 1000............. 72,976 72,976
010 DDG-51............... 4,376,537 6,816,537
Large Surface [250,000]
Combatant Shipyard
Infrastructure.
One additional ship.. [2,190,000]
011 DDG-51............... 618,352 695,652
Third DDG in FY 2024. [77,300]
013 FFG-FRIGATE.......... 1,085,224 1,085,224
014 FFG-FRIGATE.......... 74,949 0
Advance procurement [-74,949]
unjustified request.
AMPHIBIOUS SHIPS
015 LPD FLIGHT II........ 1,673,000 1,673,000
016 LPD FLIGHT II........ 250,000
USMC UFR--Advance [250,000]
procurement for LPD-
33.
020 LHA REPLACEMENT...... 1,085,470 1,374,470
LHA 10 advance [289,000]
procurement.
021 EXPEDITIONARY FAST 645,000
TRANSPORT (EPF).
EMS.................. [645,000]
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
022 TAO FLEET OILER...... 794,719 794,719
024 TOWING, SALVAGE, AND 95,915 95,915
RESCUE SHIP (ATS).
027 OUTFITTING........... 707,412 707,412
028 SHIP TO SHORE 190,433 391,838
CONNECTOR.
Unit quantity [201,405]
increase.
029 SERVICE CRAFT........ 68,274 91,274
Auxiliary personnel [23,000]
lighters barracks
craft.
030 LCAC SLEP............ 36,301 36,301
031 AUXILIARY VESSELS 140,686 140,686
(USED SEALIFT).
032 COMPLETION OF PY 1,328,146 1,328,146
SHIPBUILDING
PROGRAMS.
033 UNDISTRIBUTED........ 839,239
Inflation effects.... [839,239]
TOTAL SHIPBUILDING 27,917,854 32,586,635
AND CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 SURFACE POWER 46,478 46,478
EQUIPMENT.
GENERATORS
002 SURFACE COMBATANT 84,615 84,615
HM&E.
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 98,079 87,800
EQUIPMENT.
Program decrease..... [-10,279]
OTHER SHIPBOARD
EQUIPMENT
004 SUB PERISCOPE, 266,300 261,011
IMAGING AND SUPT
EQUIP PROG.
Unjustified growth... [-5,289]
005 DDG MOD.............. 770,341 770,341
006 FIREFIGHTING 19,687 19,687
EQUIPMENT.
007 COMMAND AND CONTROL 2,406 2,406
SWITCHBOARD.
008 LHA/LHD MIDLIFE...... 38,200 38,200
009 LCC 19/20 EXTENDED 20,028 20,028
SERVICE LIFE PROGRAM.
010 POLLUTION CONTROL 17,682 17,682
EQUIPMENT.
011 SUBMARINE SUPPORT 117,799 117,799
EQUIPMENT.
012 VIRGINIA CLASS 32,300 32,300
SUPPORT EQUIPMENT.
013 LCS CLASS SUPPORT 15,238 15,238
EQUIPMENT.
014 SUBMARINE BATTERIES.. 24,137 24,137
015 LPD CLASS SUPPORT 54,496 54,496
EQUIPMENT.
016 DDG 1000 CLASS 314,333 284,333
SUPPORT EQUIPMENT.
Program decrease..... [-30,000]
017 STRATEGIC PLATFORM 13,504 13,504
SUPPORT EQUIP.
018 DSSP EQUIPMENT....... 3,660 3,660
019 CG MODERNIZATION..... 59,054 59,054
020 LCAC................. 17,452 17,452
021 UNDERWATER EOD 35,417 35,417
EQUIPMENT.
022 ITEMS LESS THAN $5 60,812 60,812
MILLION.
023 CHEMICAL WARFARE 3,202 3,202
DETECTORS.
REACTOR PLANT
EQUIPMENT
025 SHIP MAINTENANCE, 1,242,532 1,242,532
REPAIR AND
MODERNIZATION.
026 REACTOR POWER UNITS.. 4,690 4,690
027 REACTOR COMPONENTS... 408,989 408,989
OCEAN ENGINEERING
028 DIVING AND SALVAGE 11,773 11,773
EQUIPMENT.
SMALL BOATS
029 STANDARD BOATS....... 57,262 77,262
Six additional 40- [20,000]
foot Patrol Boats.
PRODUCTION FACILITIES
EQUIPMENT
030 OPERATING FORCES IPE. 174,743 174,743
OTHER SHIP SUPPORT
031 LCS COMMON MISSION 57,313 57,313
MODULES EQUIPMENT.
032 LCS MCM MISSION 94,987 97,187
MODULES.
Mine Countermeasures [2,200]
Mission Package
Capacity and
Wholeness--Navy UPL.
033 LCS ASW MISSION 3,594 3,594
MODULES.
034 LCS SUW MISSION 5,100 5,100
MODULES.
035 LCS IN-SERVICE 76,526 76,526
MODERNIZATION.
036 SMALL & MEDIUM UUV... 49,763 49,763
SHIP SONARS
037 SPQ-9B RADAR......... 12,063 12,063
038 AN/SQQ-89 SURF ASW 141,591 141,591
COMBAT SYSTEM.
039 SSN ACOUSTIC 446,653 446,653
EQUIPMENT.
040 UNDERSEA WARFARE 17,424 17,424
SUPPORT EQUIPMENT.
ASW ELECTRONIC
EQUIPMENT
041 SUBMARINE ACOUSTIC 31,708 31,708
WARFARE SYSTEM.
042 SSTD................. 14,325 14,325
043 FIXED SURVEILLANCE 266,228 266,228
SYSTEM.
044 SURTASS.............. 25,030 25,030
ELECTRONIC WARFARE
EQUIPMENT
045 AN/SLQ-32............ 292,417 292,417
RECONNAISSANCE
EQUIPMENT
046 SHIPBOARD IW EXPLOIT. 311,210 311,210
047 AUTOMATED 2,487 2,487
IDENTIFICATION
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
048 COOPERATIVE 34,500 34,500
ENGAGEMENT
CAPABILITY.
049 NAVAL TACTICAL 19,038 19,038
COMMAND SUPPORT
SYSTEM (NTCSS).
050 ATDLS................ 73,675 73,675
051 NAVY COMMAND AND 3,435 3,435
CONTROL SYSTEM
(NCCS).
052 MINESWEEPING SYSTEM 16,336 16,336
REPLACEMENT.
054 NAVSTAR GPS RECEIVERS 30,439 30,439
(SPACE).
055 AMERICAN FORCES RADIO 2,724 2,724
AND TV SERVICE.
056 STRATEGIC PLATFORM 6,266 6,266
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
057 ASHORE ATC EQUIPMENT. 89,396 89,396
058 AFLOAT ATC EQUIPMENT. 86,732 86,732
059 ID SYSTEMS........... 59,226 59,226
060 JOINT PRECISION 8,186 8,186
APPROACH AND LANDING
SYSTEM (.
061 NAVAL MISSION 26,778 26,778
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
062 MARITIME INTEGRATED 3,520 3,520
BROADCAST SYSTEM.
063 TACTICAL/MOBILE C4I 31,840 31,840
SYSTEMS.
064 DCGS-N............... 15,606 15,606
065 CANES................ 402,550 402,550
066 RADIAC............... 9,062 9,062
067 CANES-INTELL......... 48,665 48,665
068 GPETE................ 23,479 23,479
069 MASF................. 11,792 11,792
070 INTEG COMBAT SYSTEM 6,053 6,053
TEST FACILITY.
071 EMI CONTROL 4,219 4,219
INSTRUMENTATION.
072 ITEMS LESS THAN $5 102,846 102,846
MILLION.
SHIPBOARD
COMMUNICATIONS
073 SHIPBOARD TACTICAL 36,941 36,941
COMMUNICATIONS.
074 SHIP COMMUNICATIONS 101,691 101,691
AUTOMATION.
075 COMMUNICATIONS ITEMS 55,290 55,290
UNDER $5M.
SUBMARINE
COMMUNICATIONS
076 SUBMARINE BROADCAST 91,150 91,150
SUPPORT.
077 SUBMARINE 74,569 74,569
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
078 SATELLITE 39,827 39,827
COMMUNICATIONS
SYSTEMS.
079 NAVY MULTIBAND 24,586 24,586
TERMINAL (NMT).
SHORE COMMUNICATIONS
080 JOINT COMMUNICATIONS 4,699 4,699
SUPPORT ELEMENT
(JCSE).
CRYPTOGRAPHIC
EQUIPMENT
081 INFO SYSTEMS SECURITY 156,034 156,034
PROGRAM (ISSP).
082 MIO INTEL 1,055 1,055
EXPLOITATION TEAM.
CRYPTOLOGIC EQUIPMENT
083 CRYPTOLOGIC 18,832 20,332
COMMUNICATIONS EQUIP.
INDOPACOM UFR--SIGINT [1,500]
upgrades.
OTHER ELECTRONIC
SUPPORT
092 COAST GUARD EQUIPMENT 68,556 68,556
SONOBUOYS
094 SONOBUOYS--ALL TYPES. 291,670 303,520
Program increase..... [11,850]
AIRCRAFT SUPPORT
EQUIPMENT
095 MINOTAUR............. 5,247 5,247
096 WEAPONS RANGE SUPPORT 106,209 106,209
EQUIPMENT.
097 AIRCRAFT SUPPORT 275,461 275,461
EQUIPMENT.
098 ADVANCED ARRESTING 22,717 22,717
GEAR (AAG).
099 ELECTROMAGNETIC 18,594 18,594
AIRCRAFT LAUNCH
SYSTEM (EMALS.
100 METEOROLOGICAL 15,175 15,175
EQUIPMENT.
101 LEGACY AIRBORNE MCM.. 4,689 4,689
102 LAMPS EQUIPMENT...... 1,610 1,610
103 AVIATION SUPPORT 86,409 86,409
EQUIPMENT.
104 UMCS-UNMAN CARRIER 136,647 136,647
AVIATION(UCA)MISSION
CNTRL.
SHIP GUN SYSTEM
EQUIPMENT
105 SHIP GUN SYSTEMS 5,902 5,902
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
106 HARPOON SUPPORT 217 217
EQUIPMENT.
107 SHIP MISSILE SUPPORT 286,788 292,188
EQUIPMENT.
SPY-1 Low Noise [5,400]
Amplyfier.
108 TOMAHAWK SUPPORT 95,856 95,856
EQUIPMENT.
FBM SUPPORT EQUIPMENT
109 STRATEGIC MISSILE 279,430 279,430
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
110 SSN COMBAT CONTROL 128,874 128,874
SYSTEMS.
111 ASW SUPPORT EQUIPMENT 26,920 26,920
OTHER ORDNANCE
SUPPORT EQUIPMENT
112 EXPLOSIVE ORDNANCE 17,048 17,048
DISPOSAL EQUIP.
113 ITEMS LESS THAN $5 5,938 5,938
MILLION.
OTHER EXPENDABLE
ORDNANCE
114 ANTI-SHIP MISSILE 86,264 86,264
DECOY SYSTEM.
115 SUBMARINE TRAINING 80,591 80,591
DEVICE MODS.
116 SURFACE TRAINING 198,695 198,695
EQUIPMENT.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
117 PASSENGER CARRYING 4,799 4,799
VEHICLES.
118 GENERAL PURPOSE 2,542 2,542
TRUCKS.
119 CONSTRUCTION & 50,619 55,219
MAINTENANCE EQUIP.
GPS laser leveling [4,600]
system.
120 FIRE FIGHTING 16,305 16,305
EQUIPMENT.
121 TACTICAL VEHICLES.... 28,586 28,586
122 POLLUTION CONTROL 2,840 2,840
EQUIPMENT.
123 ITEMS LESS THAN $5 64,311 64,311
MILLION.
124 PHYSICAL SECURITY 1,263 1,263
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
125 SUPPLY EQUIPMENT..... 32,338 32,338
126 FIRST DESTINATION 6,255 6,255
TRANSPORTATION.
127 SPECIAL PURPOSE 613,039 613,039
SUPPLY SYSTEMS.
TRAINING DEVICES
128 TRAINING SUPPORT 1,285 1,285
EQUIPMENT.
129 TRAINING AND 44,618 44,618
EDUCATION EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
130 COMMAND SUPPORT 55,728 55,728
EQUIPMENT.
131 MEDICAL SUPPORT 5,325 5,325
EQUIPMENT.
133 NAVAL MIP SUPPORT 6,077 6,077
EQUIPMENT.
134 OPERATING FORCES 16,252 16,252
SUPPORT EQUIPMENT.
135 C4ISR EQUIPMENT...... 6,497 6,497
136 ENVIRONMENTAL SUPPORT 36,592 36,592
EQUIPMENT.
137 PHYSICAL SECURITY 118,598 114,598
EQUIPMENT.
Program decrease..... [-4,000]
138 ENTERPRISE 29,407 29,407
INFORMATION
TECHNOLOGY.
OTHER
142 NEXT GENERATION 201,314 201,314
ENTERPRISE SERVICE.
143 CYBERSPACE ACTIVITIES 5,018 5,018
144 CYBER MISSION FORCES. 17,115 17,115
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 17,295 17,295
SPARES AND REPAIR
PARTS
145 SPARES AND REPAIR 532,313 682,313
PARTS.
Navy UFR--Maritime [150,000]
spares outfitting.
146 UNDISTRIBUTED........ 369,826
Inflation effects.... [369,826]
TOTAL OTHER 11,746,503 12,262,311
PROCUREMENT, NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 5,653 5,653
002 AMPHIBIOUS COMBAT 536,678 527,079
VEHICLE FAMILY OF
VEHICLES.
Excess growth-- [-9,599]
integrated logistics
support.
003 LAV PIP.............. 57,099 55,739
M&S tactical [-1,360]
communication
modernization kits
previously funded.
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT 1,782 1,782
TOWED HOWITZER.
005 ARTILLERY WEAPONS 143,808 143,808
SYSTEM.
006 WEAPONS AND COMBAT 11,118 11,118
VEHICLES UNDER $5
MILLION.
GUIDED MISSILES
007 TOMAHAWK............. 42,958 42,958
008 NAVAL STRIKE MISSILE 174,369 174,369
(NSM).
009 GROUND BASED AIR 173,801 173,801
DEFENSE.
010 ANTI-ARMOR MISSILE- 18,495 17,205
JAVELIN.
Guided missile unit [-1,290]
cost growth.
011 FAMILY ANTI-ARMOR 21,419 21,419
WEAPON SYSTEMS
(FOAAWS).
012 ANTI-ARMOR MISSILE- 663 663
TOW.
013 GUIDED MLRS ROCKET 7,605 7,605
(GMLRS).
COMMAND AND CONTROL
SYSTEMS
014 COMMON AVIATION 30,292 30,292
COMMAND AND CONTROL
SYSTEM (C.
REPAIR AND TEST
EQUIPMENT
015 REPAIR AND TEST 58,024 54,684
EQUIPMENT.
Unjustified growth-- [-3,340]
CBM+ test systems.
OTHER SUPPORT (TEL)
016 MODIFICATION KITS.... 293 293
COMMAND AND CONTROL
SYSTEM (NON-TEL)
017 ITEMS UNDER $5 83,345 83,345
MILLION (COMM &
ELEC).
018 AIR OPERATIONS C2 11,048 11,048
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
019 GROUND/AIR TASK 61,943 411,943
ORIENTED RADAR (G/
ATOR).
USMC UFR--AN/TPS-80 G/ [350,000]
ATOR radar.
INTELL/COMM EQUIPMENT
(NON-TEL)
020 GCSS-MC.............. 1,663 1,663
021 FIRE SUPPORT SYSTEM.. 48,322 48,322
022 INTELLIGENCE SUPPORT 182,894 167,894
EQUIPMENT.
Program decrease..... [-15,000]
024 UNMANNED AIR SYSTEMS 47,595 43,358
(INTEL).
Short range/ short [-4,237]
endurance unit cost
growth.
025 DCGS-MC.............. 47,998 47,998
026 UAS PAYLOADS......... 8,619 8,619
OTHER SUPPORT (NON-
TEL)
029 MARINE CORPS 276,763 258,020
ENTERPRISE NETWORK
(MCEN).
Excess growth--end [-18,743]
user devices.
030 COMMON COMPUTER 40,096 40,096
RESOURCES.
031 COMMAND POST SYSTEMS. 58,314 58,314
032 RADIO SYSTEMS........ 612,450 599,593
Program decrease..... [-12,857]
033 COMM SWITCHING & 51,976 51,976
CONTROL SYSTEMS.
034 COMM & ELEC 26,029 26,029
INFRASTRUCTURE
SUPPORT.
035 CYBERSPACE ACTIVITIES 17,759 17,759
036 CYBER MISSION FORCES. 4,036 4,036
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 3,884 3,884
ADMINISTRATIVE
VEHICLES
039 COMMERCIAL CARGO 35,179 33,161
VEHICLES.
Unjustified request-- [-2,018]
garrison
transportation and
management.
TACTICAL VEHICLES
040 MOTOR TRANSPORT 17,807 17,807
MODIFICATIONS.
041 JOINT LIGHT TACTICAL 222,257 222,257
VEHICLE.
043 TRAILERS............. 2,721 2,721
ENGINEER AND OTHER
EQUIPMENT
045 TACTICAL FUEL SYSTEMS 7,854 7,854
046 POWER EQUIPMENT 5,841 5,841
ASSORTED.
047 AMPHIBIOUS SUPPORT 38,120 38,120
EQUIPMENT.
048 EOD SYSTEMS.......... 201,047 191,047
Unjustified growth-- [-10,000]
MEGFoS.
MATERIALS HANDLING
EQUIPMENT
049 PHYSICAL SECURITY 69,967 65,967
EQUIPMENT.
Prior year under [-4,000]
execution.
GENERAL PROPERTY
050 FIELD MEDICAL 21,780 21,780
EQUIPMENT.
051 TRAINING DEVICES..... 86,272 74,774
Unjustified growth... [-11,498]
052 FAMILY OF 27,605 27,605
CONSTRUCTION
EQUIPMENT.
053 ULTRA-LIGHT TACTICAL 15,033 15,033
VEHICLE (ULTV).
OTHER SUPPORT
054 ITEMS LESS THAN $5 26,433 26,433
MILLION.
SPARES AND REPAIR
PARTS
055 SPARES AND REPAIR 34,799 34,799
PARTS.
056 UNDISTRIBUTED........ 123,755
Inflation effects.... [123,755]
TOTAL PROCUREMENT, 3,681,506 4,061,319
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
STRATEGIC OFFENSIVE
001 B-21 RAIDER.......... 1,498,431 1,498,431
002 B-21 RAIDER.......... 288,165 288,165
TACTICAL FORCES
003 F-35................. 3,320,757 4,093,757
Air Force UFR-- [658,000]
additional F-35A
aircraft.
Technical realignment [115,000]
004 F-35................. 594,886 180,658
EOQ unjustified [-243,184]
request.
Long-lead excess to [-56,044]
need due to
decreased out-year
quantities.
Realignment of funds [-115,000]
to line 3.
005 F-15EX............... 2,422,348 2,422,348
006 F-15EX............... 264,000 264,000
TACTICAL AIRLIFT
007 KC-46A MDAP.......... 2,684,503 2,684,503
OTHER AIRLIFT
008 C-130J............... 75,293 75,293
009 MC-130J.............. 40,351 40,351
UPT TRAINERS
011 ADVANCED TRAINER 10,507 10,507
REPLACEMENT T-X.
HELICOPTERS
012 MH-139A.............. 156,192 156,192
013 COMBAT RESCUE 707,018 1,048,118
HELICOPTER.
Additional aircraft.. [350,000]
Unit cost excess to [-8,900]
need.
MISSION SUPPORT
AIRCRAFT
015 CIVIL AIR PATROL A/C. 2,952 11,600
Program increase..... [8,648]
OTHER AIRCRAFT
016 TARGET DRONES........ 128,906 128,906
017 COMPASS CALL......... 553,700
Air Force UFR--EC-37B [553,700]
aircraft.
018 E-11 BACN/HAG........ 67,260 66,847
Realignment of funds. [-413]
019 MQ-9................. 17,039 16,039
Early to need-- [-1,000]
production shutdown.
021 AGILITY PRIME 3,612 3,612
PROCUREMENT.
STRATEGIC AIRCRAFT
022 B-2A................. 106,752 91,771
ACS kits ahead of [-14,981]
need.
023 B-1B................. 36,313 33,813
Program decrease..... [-2,500]
024 B-52................. 127,854 120,909
Realignment of funds [-4,293]
for B-52 Crypto Mod
upgrade spares.
Realignment of funds [-2,652]
for B-52 VLF/LF
spares.
025 LARGE AIRCRAFT 25,286 25,286
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
026 A-10................. 83,972 83,972
027 E-11 BACN/HAG........ 10,309 10,309
028 F-15................. 194,379 194,379
029 F-16................. 700,455 685,955
Overestimation of [-14,500]
SLEP induction rate.
030 F-22A................ 764,222 764,222
031 F-35 MODIFICATIONS... 414,382 414,382
032 F-15 EPAW............ 259,837 259,837
034 KC-46A MDAP.......... 467 467
AIRLIFT AIRCRAFT
035 C-5.................. 46,027 15,673
Realignment of funds. [-18,000]
Realignment of funds [-12,354]
to line 64.
036 C-17A................ 152,009 157,509
Air Force realignment [5,500]
of funds.
037 C-32A................ 4,068 4,068
038 C-37A................ 6,062 6,062
TRAINER AIRCRAFT
039 GLIDER MODS.......... 149 149
040 T-6.................. 6,215 6,215
041 T-1.................. 6,262 6,262
042 T-38................. 111,668 161,168
Ejection Seat Upgrade [49,500]
OTHER AIRCRAFT
044 U-2 MODS............. 81,650 81,650
045 KC-10A (ATCA)........ 3,443 2,043
Unjustified growth... [-1,400]
046 C-21................. 2,024 2,024
047 VC-25A MOD........... 2,146 2,146
048 C-40................. 2,197 2,197
049 C-130................ 114,268 148,748
Air Force realignment [17,500]
of funds.
Modular airborne [20,000]
firefighting system.
Overestimation of AMP [-3,020]
inc 2 install cost.
050 C-130J MODS.......... 112,299 112,299
051 C-135................ 149,023 163,523
Air Force realignment [19,500]
of funds.
Program decrease..... [-5,000]
052 COMPASS CALL......... 16,630 337,230
Air Force UFR--EC-37B [320,600]
group A & B kits and
spare components.
053 RC-135............... 212,828 252,828
INDOPACOM UFR--SIGINT [600]
upgrades.
RC-135 navigation [39,400]
upgrades.
054 E-3.................. 54,247 54,247
055 E-4.................. 5,973 5,973
056 E-8.................. 16,610 0
Program decrease..... [-16,610]
059 H-1.................. 1,757 1,757
060 H-60................. 10,820 10,820
061 COMBAT RESCUE 3,083 3,083
HELICOPTER
MODIFICATION.
062 RQ-4 MODS............ 1,286 1,286
063 HC/MC-130 138,956 109,785
MODIFICATIONS.
MC/AC MUOS [-9,171]
installations ahead
of need.
Realignment of funds. [-20,000]
064 OTHER AIRCRAFT....... 29,029 41,796
Realignment of funds. [12,767]
065 MQ-9 MODS............ 64,370 211,507
Multi-Domain [150,700]
Operations
modernization.
Unjustified cost--MQ- [-3,563]
9 Upgrade.
067 SENIOR LEADER C3, 24,784 24,784
SYSTEM--AIRCRAFT.
068 CV-22 MODS........... 153,026 153,026
AIRCRAFT SPARES AND
REPAIR PARTS
069 INITIAL SPARES/REPAIR 623,661 734,767
PARTS.
Air Force UFR--EC-37B [9,361]
spare components.
Air Force UFR--EC-37B [94,800]
spare engines.
Realignment of funds [4,293]
for B-52 Crypto Mod
upgrade spares.
Realignment of funds [2,652]
for B-52 VLF/LF
spares.
COMMON SUPPORT
EQUIPMENT
070 AIRCRAFT REPLACEMENT 138,935 138,935
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
071 B-2A................. 1,802 1,802
072 B-2B................. 36,325 36,325
073 B-52................. 5,883 5,883
074 F-15................. 2,764 2,764
075 F-16................. 5,102 5,102
077 MQ9 POST PROD........ 7,069 7,069
078 RQ-4 POST PRODUCTION 40,845 40,845
CHARGES.
082 C-5 POST PRODUCTION 18,000
SUPPORT.
Realignment of funds. [18,000]
083 HC/MC-130J POST 20,000
PRODUCTION SUPPORT.
Realignment of funds. [20,000]
INDUSTRIAL
PREPAREDNESS
079 INDUSTRIAL 19,128 19,128
RESPONSIVENESS.
WAR CONSUMABLES
080 WAR CONSUMABLES...... 31,165 31,165
OTHER PRODUCTION
CHARGES
081 OTHER PRODUCTION 1,047,300 1,047,300
CHARGES.
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 18,092 63,092
Air Force UFR--F-35A [45,000]
classified item.
999 UNDISTRIBUTED........ 633,490
Inflation effects.... [633,490]
TOTAL AIRCRAFT 18,517,428 21,113,854
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 57,476 57,476
EQ-BALLISTIC.
STRATEGIC
004 LONG RANGE STAND-OFF 31,454 31,454
WEAPON.
TACTICAL
005 REPLAC EQUIP & WAR 30,510 30,510
CONSUMABLES.
006 AGM-183A AIR-LAUNCHED 46,566 0
RAPID RESPONSE
WEAPON.
Realignment of funds. [-46,566]
007 JOINT AIR-SURFACE 784,971 861,971
STANDOFF MISSILE.
Defense Industrial [77,000]
Base (DIB) Expansion
for JASSM.
008 LRASM0............... 114,025 114,025
009 SIDEWINDER (AIM-9X).. 111,855 111,855
010 AMRAAM............... 320,056 340,056
AIM-120 Advanced [20,000]
Medium-Range Air-to-
Air Missile
(AMRAAM)--Advanced
Procurement.
011 PREDATOR HELLFIRE 1,040 1,040
MISSILE.
012 SMALL DIAMETER BOMB.. 46,475 46,475
013 SMALL DIAMETER BOMB 279,006 429,006
II.
Air Force UFR-- [150,000]
additional small
diameter bomb II.
014 STAND-IN ATTACK 77,975 77,975
WEAPON (SIAW).
INDUSTRIAL FACILITIES
015 INDUSTR'L PREPAREDNS/ 868 150,868
POL PREVENTION.
Defense Industrial [150,000]
Base (DIB) Expansion
for Industrial
Preparedness.
CLASS IV
018 ICBM FUZE MOD........ 99,691 99,691
019 ICBM FUZE MOD........ 37,673 37,673
020 MM III MODIFICATIONS. 68,193 68,193
022 AIR LAUNCH CRUISE 33,778 108,778
MISSILE (ALCM).
Defense Industrial [75,000]
Base (DIB) Expansion
for Gas Turbine
Engines, Control
Actuation Systems,
and Antennas.
MISSILE SPARES AND
REPAIR PARTS
023 MSL SPRS/REPAIR PARTS 15,354 15,354
(INITIAL).
024 MSL SPRS/REPAIR PARTS 62,978 62,978
(REPLEN).
SPECIAL PROGRAMS
028 SPECIAL UPDATE 36,933 36,933
PROGRAMS.
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 705,540 705,540
999 UNDISTRIBUTED........ 61,064
Inflation effects.... [61,064]
TOTAL MISSILE 2,962,417 3,448,915
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 22,190 22,190
CARTRIDGES
002 CARTRIDGES........... 124,164 124,164
BOMBS
004 GENERAL PURPOSE BOMBS 162,800 162,800
005 MASSIVE ORDNANCE 19,743 19,743
PENETRATOR (MOP).
006 JOINT DIRECT ATTACK 251,956 251,956
MUNITION.
OTHER ITEMS
008 CAD/PAD.............. 50,473 50,473
009 EXPLOSIVE ORDNANCE 6,343 6,343
DISPOSAL (EOD).
010 SPARES AND REPAIR 573 573
PARTS.
012 FIRST DESTINATION 1,903 1,903
TRANSPORTATION.
013 ITEMS LESS THAN 5,014 5,014
$5,000,000.
FLARES
014 EXPENDABLE 120,548 120,548
COUNTERMEASURES.
FUZES
015 FUZES................ 121,528 121,528
SMALL ARMS
016 SMALL ARMS........... 16,395 16,395
017 UNDISTRIBUTED........ 23,395
Inflation effects.... [23,395]
TOTAL PROCUREMENT OF 903,630 927,025
AMMUNITION, AIR
FORCE.
PROCUREMENT, SPACE
FORCE
SPACE PROCUREMENT, SF
002 AF SATELLITE COMM 51,414 51,414
SYSTEM.
003 COUNTERSPACE SYSTEMS. 62,691 62,691
004 FAMILY OF BEYOND LINE- 26,394 26,394
OF-SIGHT TERMINALS.
005 WIDEBAND GAPFILLER 21,982 21,982
SATELLITES (SPACE).
006 GENERAL INFORMATION 5,424 5,424
TECH--SPACE.
007 GPSIII FOLLOW ON..... 657,562 646,962
Excess to need....... [-10,600]
008 GPS III SPACE SEGMENT 103,340 103,340
009 GLOBAL POSTIONING 950 950
(SPACE).
010 HERITAGE TRANSITION.. 21,896 21,896
011 SPACEBORNE EQUIP 29,587 24,083
(COMSEC).
Cost growth.......... [-5,504]
012 MILSATCOM............ 29,333 29,333
013 SBIR HIGH (SPACE).... 148,666 148,666
014 SPECIAL SPACE 817,484 805,484
ACTIVITIES.
Underexecution....... [-12,000]
015 MOBILE USER OBJECTIVE 46,833 46,833
SYSTEM.
016 NATIONAL SECURITY 1,056,133 1,025,533
SPACE LAUNCH.
Excess to need....... [-30,600]
017 NUDET DETECTION 7,062 7,062
SYSTEM.
018 PTES HUB............. 42,464 42,464
019 ROCKET SYSTEMS LAUNCH 39,145 39,145
PROGRAM.
020 SPACE DEVELOPMENT 314,288 714,288
AGENCY LAUNCH.
Realignment of funds. [200,000]
Space Force UFR-- [200,000]
accelerate resilient
missile warning/
missile tracking.
022 SPACE MODS........... 73,957 73,957
023 SPACELIFT RANGE 71,712 71,712
SYSTEM SPACE.
SPARES
024 SPARES AND REPAIR 1,352 1,352
PARTS.
025 UNDISTRIBUTED........ 106,161
Inflation effects.... [106,161]
TOTAL PROCUREMENT, 3,629,669 4,077,126
SPACE FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 2,446 2,446
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 1,125 1,125
VEHICLE.
003 CAP VEHICLES......... 999 1,900
Program increase..... [901]
004 CARGO AND UTILITY 35,220 35,220
VEHICLES.
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 60,461 60,461
VEHICLE.
006 SECURITY AND TACTICAL 382 382
VEHICLES.
007 SPECIAL PURPOSE 49,623 49,623
VEHICLES.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 11,231 11,231
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 12,559 12,559
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 6,409 6,409
CLEANING EQU.
011 BASE MAINTENANCE 72,012 72,012
SUPPORT VEHICLES.
COMM SECURITY
EQUIPMENT(COMSEC)
013 COMSEC EQUIPMENT..... 96,851 96,851
014 STRATEGIC 467,901 467,901
MICROELECTRONIC
SUPPLY SYSTEM.
INTELLIGENCE PROGRAMS
015 INTERNATIONAL INTEL 7,043 7,043
TECH & ARCHITECTURES.
016 INTELLIGENCE TRAINING 2,424 2,424
EQUIPMENT.
017 INTELLIGENCE COMM 25,308 25,308
EQUIPMENT.
ELECTRONICS PROGRAMS
018 AIR TRAFFIC CONTROL & 65,531 65,531
LANDING SYS.
019 BATTLE CONTROL 1,597 1,597
SYSTEM--FIXED.
020 THEATER AIR CONTROL 9,611 9,611
SYS IMPROVEMEN.
021 3D EXPEDITIONARY LONG- 174,640 167,140
RANGE RADAR.
Program decrease..... [-7,500]
022 WEATHER OBSERVATION 20,658 20,658
FORECAST.
023 STRATEGIC COMMAND AND 93,351 86,220
CONTROL.
Worldwide Joint [-7,131]
Strategic
Communications
realignment of funds.
024 CHEYENNE MOUNTAIN 6,118 6,118
COMPLEX.
025 MISSION PLANNING 13,947 13,947
SYSTEMS.
SPCL COMM-ELECTRONICS
PROJECTS
028 GENERAL INFORMATION 101,517 101,517
TECHNOLOGY.
029 AF GLOBAL COMMAND & 2,487 2,487
CONTROL SYS.
030 BATTLEFIELD AIRBORNE 32,807 32,807
CONTROL NODE (BACN).
031 MOBILITY COMMAND AND 10,210 10,210
CONTROL.
035 COMBAT TRAINING 134,213 134,213
RANGES.
036 MINIMUM ESSENTIAL 66,294 66,294
EMERGENCY COMM N.
037 WIDE AREA 29,518 29,518
SURVEILLANCE (WAS).
038 C3 COUNTERMEASURES... 55,324 55,324
040 GCSS-AF FOS.......... 786 786
042 MAINTENANCE REPAIR & 248 248
OVERHAUL INITIATIVE.
043 THEATER BATTLE MGT C2 275 275
SYSTEM.
044 AIR & SPACE 2,611 2,611
OPERATIONS CENTER
(AOC).
AIR FORCE
COMMUNICATIONS
046 BASE INFORMATION 29,791 29,791
TRANSPT INFRAST
(BITI) WIRED.
047 AFNET................ 83,320 83,320
048 JOINT COMMUNICATIONS 5,199 5,199
SUPPORT ELEMENT
(JCSE).
049 USCENTCOM............ 11,896 11,896
050 USSTRATCOM........... 4,619 4,619
ORGANIZATION AND BASE
051 TACTICAL C-E 120,050 120,050
EQUIPMENT.
052 RADIO EQUIPMENT...... 14,053 14,053
054 BASE COMM 91,313 96,363
INFRASTRUCTURE.
NORTHCOM UFR--Long [5,050]
range radar sites
digitilization
upgrades.
MODIFICATIONS
055 COMM ELECT MODS...... 167,419 167,419
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 89,484 89,484
PERSONAL SAFETY &
RESCUE EQUIP
056 PERSONAL SAFETY AND 92,995 92,995
RESCUE EQUIPMENT.
DEPOT PLANT+MTRLS
HANDLING EQ
057 POWER CONDITIONING 12,199 12,199
EQUIPMENT.
058 MECHANIZED MATERIAL 9,326 9,326
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
059 BASE PROCURED 52,890 52,890
EQUIPMENT.
060 ENGINEERING AND EOD 231,552 231,552
EQUIPMENT.
061 MOBILITY EQUIPMENT... 28,758 28,758
062 FUELS SUPPORT 21,740 21,740
EQUIPMENT (FSE).
SPECIAL SUPPORT
PROJECTS
065 DARP RC135........... 28,153 28,153
066 DCGS-AF.............. 217,713 217,713
070 SPECIAL UPDATE 978,499 978,499
PROGRAM.
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 21,702,225 21,702,225
SPARES AND REPAIR
PARTS
071 SPARES AND REPAIR 1,007 1,007
PARTS (CYBER).
072 SPARES AND REPAIR 23,175 23,175
PARTS.
073 UNDISTRIBUTED........ 189,283
Inflation effects.... [189,283]
TOTAL OTHER 25,691,113 25,871,716
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, OSD
025 MAJOR EQUIPMENT, DPAA 513 513
050 MAJOR EQUIPMENT, OSD. 64,291 67,291
Project Spectrum..... [3,000]
MAJOR EQUIPMENT, NSA
047 INFORMATION SYSTEMS 6,738 6,738
SECURITY PROGRAM
(ISSP).
MAJOR EQUIPMENT, WHS
054 MAJOR EQUIPMENT, WHS. 310 310
MAJOR EQUIPMENT, DISA
011 INFORMATION SYSTEMS 24,044 24,044
SECURITY.
012 TELEPORT PROGRAM..... 50,475 50,475
013 JOINT FORCES 674 674
HEADQUARTERS--DODIN.
014 ITEMS LESS THAN $5 46,614 46,614
MILLION.
015 DEFENSE INFORMATION 87,345 87,345
SYSTEM NETWORK.
016 WHITE HOUSE 130,145 130,145
COMMUNICATION AGENCY.
017 SENIOR LEADERSHIP 47,864 47,864
ENTERPRISE.
018 JOINT REGIONAL 17,135 10,135
SECURITY STACKS
(JRSS).
Program decrease..... [-7,000]
019 JOINT SERVICE 86,183 86,183
PROVIDER.
020 FOURTH ESTATE NETWORK 42,756 42,756
OPTIMIZATION (4ENO).
MAJOR EQUIPMENT, DLA
022 MAJOR EQUIPMENT...... 24,501 24,501
MAJOR EQUIPMENT, DCSA
001 MAJOR EQUIPMENT...... 2,346 2,346
MAJOR EQUIPMENT, TJS
052 MAJOR EQUIPMENT, TJS. 3,900 3,900
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
030 THAAD................ 74,994 239,994
15 additional THAAD [165,000]
interceptors.
031 GROUND BASED 11,300 11,300
MIDCOURSE.
032 AEGIS BMD............ 402,235 402,235
034 BMDS AN/TPY-2 RADARS. 4,606 4,606
035 SM-3 IIAS............ 337,975 589,975
Production increase.. [252,000]
036 ARROW 3 UPPER TIER 80,000 80,000
SYSTEMS.
037 SHORT RANGE BALLISTIC 40,000 40,000
MISSILE DEFENSE
(SRBMD).
038 DEFENSE OF GUAM 26,514 26,514
PROCUREMENT.
039 AEGIS ASHORE PHASE 30,056 30,056
III.
040 IRON DOME............ 80,000 80,000
041 AEGIS BMD HARDWARE 78,181 78,181
AND SOFTWARE.
MAJOR EQUIPMENT, DHRA
003 PERSONNEL 4,522 4,522
ADMINISTRATION.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
027 VEHICLES............. 139 139
028 OTHER MAJOR EQUIPMENT 14,296 14,296
MAJOR EQUIPMENT,
DODEA
024 AUTOMATION/ 2,048 2,048
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT,
DMACT
023 MAJOR EQUIPMENT...... 11,117 11,117
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 681,894 681,894
AVIATION PROGRAMS
055 ARMED OVERWATCH/ 246,000 246,000
TARGETING.
056 MANNED ISR........... 5,000 5,000
057 MC-12................ 3,344 3,344
059 ROTARY WING UPGRADES 214,575 210,283
AND SUSTAINMENT.
Excess to need....... [-4,292]
060 UNMANNED ISR......... 41,749 41,749
061 NON-STANDARD AVIATION 7,156 7,156
062 U-28................. 4,589 4,589
063 MH-47 CHINOOK........ 133,144 133,144
064 CV-22 MODIFICATION... 75,629 83,215
CV-22 & MC-130J Link- [7,586]
16 TacNet tactical
receiver.
065 MQ-9 UNMANNED AERIAL 9,000 9,000
VEHICLE.
066 PRECISION STRIKE 57,450 57,450
PACKAGE.
067 AC/MC-130J........... 225,569 222,869
Excess to need....... [-2,700]
068 C-130 MODIFICATIONS.. 11,945 16,893
CV-22 & MC-130J Link- [4,948]
16 TacNet tactical
receiver.
SHIPBUILDING
069 UNDERWATER SYSTEMS... 45,631 45,631
AMMUNITION PROGRAMS
070 ORDNANCE ITEMS <$5M.. 151,233 154,938
Maritime Scalable [3,705]
Effects (MSE)
Electronic Warfare
System Acceleration.
OTHER PROCUREMENT
PROGRAMS
071 INTELLIGENCE SYSTEMS. 175,616 219,094
SOCOM Enclosed Spaces [15,000]
Reconnaissance
Collection Suite
(ESRCS).
Stalker VXE Block 30 [28,478]
Vertical Takeoff &
Landing (VTOL)
Acceleration.
072 DISTRIBUTED COMMON 2,214 2,214
GROUND/SURFACE
SYSTEMS.
073 OTHER ITEMS <$5M..... 98,096 96,134
Excess to need....... [-1,962]
074 COMBATANT CRAFT 85,566 85,566
SYSTEMS.
075 SPECIAL PROGRAMS..... 20,042 249,042
Medium Fixed Wing [229,000]
Recapitalization.
076 TACTICAL VEHICLES.... 51,605 59,605
PB-NSCV.............. [8,000]
077 WARRIOR SYSTEMS <$5M. 306,846 352,992
AFSOC Force [18,730]
Generation
(AFSOFORGEN)
Tactical
Communications
(TACCOM).
Counter Unmanned [33,553]
Systems (CUxS)
Procurement
Acceleration.
Excess to need....... [-6,137]
078 COMBAT MISSION 4,991 4,991
REQUIREMENTS.
080 OPERATIONAL 18,723 18,723
ENHANCEMENTS
INTELLIGENCE.
081 OPERATIONAL 347,473 358,227
ENHANCEMENTS.
Intelligence, [10,754]
Surveillance, and
Reconnaissance (ISR)
Transceivers
Acceleration.
CBDP
082 CHEMICAL BIOLOGICAL 199,439 192,747
SITUATIONAL
AWARENESS.
Unjustified growth... [-6,692]
083 CB PROTECTION & 187,164 187,164
HAZARD MITIGATION.
084 UNDISTRIBUTED........ 149,308
Inflation effects.... [149,308]
TOTAL PROCUREMENT, 5,245,500 6,145,779
DEFENSE-WIDE.
NATIONAL GUARD AND
RESERVE EQUIPMENT
UNDISTRIBUTED
001 UNDISTRIBUTED........ 50,000
Program increase..... [50,000]
TOTAL NATIONAL GUARD 50,000
AND RESERVE
EQUIPMENT.
TOTAL PROCUREMENT.... 144,219,205 163,148,867
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2023 Conference
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. BASIC RESEARCH
001 0601102A DEFENSE RESEARCH SCIENCES......... 279,328 345,194
.................................. Basic research increase........... [55,866]
.................................. Counter-UAS technologies.......... [5,000]
.................................. Data exchange system for a secure [5,000]
digital engineering environment.
002 0601103A UNIVERSITY RESEARCH INITIATIVES... 70,775 90,775
.................................. Defense University Research [20,000]
Instrumentation Program.
003 0601104A UNIVERSITY AND INDUSTRY RESEARCH 100,909 109,909
CENTERS.
.................................. Automotive Research Center........ [5,000]
.................................. Biotechnology..................... [4,000]
004 0601121A CYBER COLLABORATIVE RESEARCH 5,355 5,355
ALLIANCE.
005 0601601A ARTIFICIAL INTELLIGENCE AND 10,456 10,456
MACHINE LEARNING BASIC RESEARCH.
.................................. SUBTOTAL BASIC RESEARCH........... 466,823 561,689
..................................
.................................. APPLIED RESEARCH
006 0602002A ARMY AGILE INNOVATION AND 9,534 9,534
DEVELOPMENT-APPLIED RESEARCH.
008 0602134A COUNTER IMPROVISED-THREAT ADVANCED 6,192 6,192
STUDIES.
009 0602141A LETHALITY TECHNOLOGY.............. 87,717 117,717
.................................. Collaborative networked armament [25,000]
lethality and fire control.
.................................. Turret gunner survivability and [5,000]
simulation.
010 0602142A ARMY APPLIED RESEARCH............. 27,833 27,833
011 0602143A SOLDIER LETHALITY TECHNOLOGY...... 103,839 138,539
.................................. Advanced textiles and shelters.... [6,000]
.................................. Footwear research................. [4,000]
.................................. Future Force Requirements [5,000]
Experimentation program.
.................................. Pathfinder........................ [10,000]
.................................. Program increase--digital night [9,700]
vision technology.
012 0602144A GROUND TECHNOLOGY................. 52,848 88,848
.................................. Cold and complex environments [9,000]
sensing research.
.................................. Earthen structures soil [2,000]
enhancement.
.................................. High performance polymer [10,000]
composites and coatings.
.................................. High temperature polymeric [5,000]
materials.
.................................. Polar proving ground and training [5,000]
program.
.................................. Unmanned mobility................. [5,000]
013 0602145A NEXT GENERATION COMBAT VEHICLE 174,090 180,090
TECHNOLOGY.
.................................. Structural thermoplastics......... [6,000]
014 0602146A NETWORK C3I TECHNOLOGY............ 64,115 107,615
.................................. AI for position, navigation, and [6,000]
timing.
.................................. Alternative position, navigation, [15,000]
and timing.
.................................. Portable Doppler radar............ [7,500]
.................................. Secure anti-tamper................ [15,000]
015 0602147A LONG RANGE PRECISION FIRES 43,029 79,779
TECHNOLOGY.
.................................. Carbon-carbon high-temperature [5,000]
composites.
.................................. Low cost missile technology [10,000]
development.
.................................. Precision long range integrated [6,750]
strike missile.
.................................. Program increase--aluminum lithium [15,000]
alloy solid rocket advancement.
016 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 69,348 76,848
.................................. High density eVTOL power source... [7,500]
017 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 27,016 59,016
.................................. CEMA missile defender............. [12,000]
.................................. Counter-UAS Center of Excellence.. [5,000]
.................................. High energy laser engagement [15,000]
technologies.
018 0602180A ARTIFICIAL INTELLIGENCE AND 16,454 16,454
MACHINE LEARNING TECHNOLOGIES.
019 0602181A ALL DOMAIN CONVERGENCE APPLIED 27,399 27,399
RESEARCH.
020 0602182A C3I APPLIED RESEARCH.............. 27,892 27,892
021 0602183A AIR PLATFORM APPLIED RESEARCH..... 41,588 41,588
022 0602184A SOLDIER APPLIED RESEARCH.......... 15,716 15,716
023 0602213A C3I APPLIED CYBER................. 13,605 13,605
024 0602386A BIOTECHNOLOGY FOR MATERIALS-- 21,919 96,919
APPLIED RESEARCH.
.................................. Tri-Service Biotechnology for a [75,000]
Resilient Supply Chain /
Biotechnology for Materials.
025 0602785A MANPOWER/PERSONNEL/TRAINING 19,649 19,649
TECHNOLOGY.
026 0602787A MEDICAL TECHNOLOGY................ 33,976 33,976
.................................. SUBTOTAL APPLIED RESEARCH......... 883,759 1,185,209
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
027 0603002A MEDICAL ADVANCED TECHNOLOGY....... 5,207 16,907
.................................. CPF--U.S. Army Battlefield [1,700]
Exercise and Combat Related
Traumatic Brain and Spinal Injury
Research.
.................................. Hearing protection for [5,000]
communications.
.................................. Research effects of head-supported [5,000]
mass on cervical spine health.
028 0603007A MANPOWER, PERSONNEL AND TRAINING 15,598 15,598
ADVANCED TECHNOLOGY.
029 0603025A ARMY AGILE INNOVATION AND 20,900 20,900
DEMONSTRATION.
030 0603040A ARTIFICIAL INTELLIGENCE AND 6,395 6,395
MACHINE LEARNING ADVANCED
TECHNOLOGIES.
031 0603041A ALL DOMAIN CONVERGENCE ADVANCED 45,463 45,463
TECHNOLOGY.
032 0603042A C3I ADVANCED TECHNOLOGY........... 12,716 12,716
033 0603043A AIR PLATFORM ADVANCED TECHNOLOGY.. 17,946 17,946
034 0603044A SOLDIER ADVANCED TECHNOLOGY....... 479 10,499
.................................. CPF--Advancing Military [2,890]
Exoskeleton Technology State-of-
The-Art Project.
.................................. CPF--Building 2, Doriot Climatic [3,630]
Chambers, Exterior Repair.
.................................. CPF--Small Unit Digital Twin for [3,500]
Robotic and Sensor Systems
Integration.
036 0603116A LETHALITY ADVANCED TECHNOLOGY..... 9,796 9,796
037 0603117A ARMY ADVANCED TECHNOLOGY 134,874 134,874
DEVELOPMENT.
038 0603118A SOLDIER LETHALITY ADVANCED 100,935 105,935
TECHNOLOGY.
.................................. Sensored head-borne suspension [5,000]
systems.
039 0603119A GROUND ADVANCED TECHNOLOGY........ 32,546 68,546
.................................. Additive manufacturing with [15,000]
indigenous materials.
.................................. Cold Regions Research and [10,000]
Engineering Laboratory.
.................................. Graphene-enabled technologies for [5,000]
ground combat operations.
.................................. Printed infrastructure and cold [6,000]
weather construction capabilities.
040 0603134A COUNTER IMPROVISED-THREAT 21,486 21,486
SIMULATION.
041 0603386A BIOTECHNOLOGY FOR MATERIALS-- 56,853 56,853
ADVANCED RESEARCH.
042 0603457A C3I CYBER ADVANCED DEVELOPMENT.... 41,354 41,354
043 0603461A HIGH PERFORMANCE COMPUTING 251,964 301,964
MODERNIZATION PROGRAM.
.................................. Program increase.................. [50,000]
044 0603462A NEXT GENERATION COMBAT VEHICLE 193,242 254,742
ADVANCED TECHNOLOGY.
.................................. Autonomous ground vehicle [5,000]
cybersecurity.
.................................. Combat vehicle hybrid-electric [5,500]
transmissions.
.................................. Digital enterprise technology..... [15,000]
.................................. Electrified vehicle infrared [5,000]
signature management.
.................................. HTPEM APU......................... [10,000]
.................................. Lithium 6T battery development.... [8,000]
.................................. Multi-Service Electro-Optical [3,000]
Signature code modernization.
.................................. Synthetic graphite research....... [10,000]
045 0603463A NETWORK C3I ADVANCED TECHNOLOGY... 125,565 135,565
.................................. PNT situational awareness tools [10,000]
and techniques.
046 0603464A LONG RANGE PRECISION FIRES 100,830 166,230
ADVANCED TECHNOLOGY.
.................................. Autoloader development............ [21,400]
.................................. Extended Range Artillery Munition [5,000]
Suite.
.................................. Hypersonic and strategic materials [20,000]
and structures.
.................................. Maneuvering submunitions.......... [9,000]
.................................. Missile Multi Agent eXtensible [10,000]
Engagement Services (MAXES).
047 0603465A FUTURE VERTICAL LIFT ADVANCED 177,836 179,836
TECHNOLOGY.
.................................. Program increase--Additive [2,000]
manufacturing.
048 0603466A AIR AND MISSILE DEFENSE ADVANCED 11,147 43,147
TECHNOLOGY.
.................................. Counter-Unmanned Aerial Systems [20,000]
Palatized-High Energy Laser.
.................................. Integration of distributed gain [12,000]
HEL laser weapon system.
049 0603920A HUMANITARIAN DEMINING............. 8,933 8,933
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,392,065 1,675,685
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
050 0603305A ARMY MISSLE DEFENSE SYSTEMS 12,001 34,001
INTEGRATION.
.................................. Mobile Solid State High Power [12,000]
Microwave.
.................................. Sensing, Modeling, Analysis, [10,000]
Requirements, and Testing.
051 0603308A ARMY SPACE SYSTEMS INTEGRATION.... 17,945 17,945
053 0603619A LANDMINE WARFARE AND BARRIER--ADV 64,001 64,001
DEV.
054 0603639A TANK AND MEDIUM CALIBER AMMUNITION 64,669 64,669
055 0603645A ARMORED SYSTEM MODERNIZATION--ADV 49,944 87,444
DEV.
.................................. AMPV--Hybrid electric vehicle..... [37,500]
056 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 4,060 4,060
057 0603766A TACTICAL ELECTRONIC SURVEILLANCE 72,314 72,314
SYSTEM--ADV DEV.
058 0603774A NIGHT VISION SYSTEMS ADVANCED 18,048 117,048
DEVELOPMENT.
.................................. IVAS--Army requested realignment [99,000]
from Procurement.
059 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 31,249 38,749
DEM/VAL.
.................................. Underwater Demilitarization of [7,500]
Munitions.
060 0603790A NATO RESEARCH AND DEVELOPMENT..... 3,805 3,805
061 0603801A AVIATION--ADV DEV................. 1,162,344 1,180,484
.................................. Future Long Range Assault Aircraft [23,000]
(FLRAA).
.................................. Unjustified growth--FLRAA MTA [-4,860]
program management.
062 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 9,638 9,638
ADV DEV.
063 0603807A MEDICAL SYSTEMS--ADV DEV.......... 598 598
064 0603827A SOLDIER SYSTEMS--ADVANCED 25,971 25,971
DEVELOPMENT.
065 0604017A ROBOTICS DEVELOPMENT.............. 26,594 26,594
066 0604019A EXPANDED MISSION AREA MISSILE 220,820 220,820
(EMAM).
067 0604020A CROSS FUNCTIONAL TEAM (CFT) 106,000 106,000
ADVANCED DEVELOPMENT &
PROTOTYPING.
069 0604035A LOW EARTH ORBIT (LEO) SATELLITE 35,509 35,509
CAPABILITY.
070 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) 49,932 49,932
ADV DEV.
071 0604037A TACTICAL INTEL TARGETING ACCESS 863 863
NODE (TITAN) ADV DEV.
072 0604100A ANALYSIS OF ALTERNATIVES.......... 10,659 10,659
073 0604101A SMALL UNMANNED AERIAL VEHICLE 1,425 1,425
(SUAV) (6.4).
074 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 95,719 95,719
SYSTEM (FTUAS).
075 0604114A LOWER TIER AIR MISSILE DEFENSE 382,147 392,147
(LTAMD) SENSOR.
.................................. Program protection................ [10,000]
076 0604115A TECHNOLOGY MATURATION INITIATIVES. 269,756 269,756
077 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 225,147 225,147
(M-SHORAD).
078 0604119A ARMY ADVANCED COMPONENT 198,111 198,111
DEVELOPMENT & PROTOTYPING.
079 0604120A ASSURED POSITIONING, NAVIGATION 43,797 57,797
AND TIMING (PNT).
.................................. ALTNAV--Army UPL.................. [14,000]
080 0604121A SYNTHETIC TRAINING ENVIRONMENT 166,452 219,452
REFINEMENT & PROTOTYPING.
.................................. Program increase (STE live [17,000]
training systems).
.................................. SiVT--Army requested realignment [36,000]
from Procurement.
081 0604134A COUNTER IMPROVISED-THREAT 15,840 15,840
DEMONSTRATION, PROTOTYPE
DEVELOPMENT, AND TESTING.
082 0604135A STRATEGIC MID-RANGE FIRES......... 404,291 404,291
083 0604182A HYPERSONICS....................... 173,168 223,168
.................................. National Hypersonic Initiative-- [50,000]
Develop Leap-Ahead Concepts and
Capabilities.
084 0604403A FUTURE INTERCEPTOR................ 8,179 8,179
085 0604531A COUNTER--SMALL UNMANNED AIRCRAFT 35,110 35,110
SYSTEMS ADVANCED DEVELOPMENT.
086 0604541A UNIFIED NETWORK TRANSPORT......... 36,966 36,966
089 0305251A CYBERSPACE OPERATIONS FORCES AND 55,677 55,677
FORCE SUPPORT.
.................................. SUBTOTAL ADVANCED COMPONENT 4,098,749 4,409,889
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
090 0604201A AIRCRAFT AVIONICS................. 3,335 3,335
091 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 4,243 4,243
092 0604601A INFANTRY SUPPORT WEAPONS.......... 66,529 76,529
.................................. Commercial magazine reliability [5,000]
testing.
.................................. Program increase.................. [5,000]
093 0604604A MEDIUM TACTICAL VEHICLES.......... 22,163 22,163
094 0604611A JAVELIN........................... 7,870 7,870
095 0604622A FAMILY OF HEAVY TACTICAL VEHICLES. 50,924 50,924
096 0604633A AIR TRAFFIC CONTROL............... 2,623 2,623
097 0604641A TACTICAL UNMANNED GROUND VEHICLE 115,986 115,986
(TUGV).
098 0604642A LIGHT TACTICAL WHEELED VEHICLES... 10,049
.................................. Electric light recon vehicle--Army [10,049]
UPL.
099 0604645A ARMORED SYSTEMS MODERNIZATION 71,287 68,777
(ASM)--ENG DEV.
.................................. T&E excess to need................ [-2,510]
100 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 62,679 75,951
.................................. IVAS--Army UPL.................... [16,500]
.................................. Night vision device--next ahead of [-3,228]
need.
101 0604713A COMBAT FEEDING, CLOTHING, AND 1,566 1,566
EQUIPMENT.
102 0604715A NON-SYSTEM TRAINING DEVICES--ENG 18,600 18,600
DEV.
103 0604741A AIR DEFENSE COMMAND, CONTROL AND 39,541 35,541
INTELLIGENCE--ENG DEV.
.................................. Program decrease.................. [-4,000]
104 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 29,570 29,570
DEVELOPMENT.
105 0604746A AUTOMATIC TEST EQUIPMENT 5,178 5,178
DEVELOPMENT.
106 0604760A DISTRIBUTIVE INTERACTIVE 8,189 8,189
SIMULATIONS (DIS)--ENG DEV.
109 0604798A BRIGADE ANALYSIS, INTEGRATION AND 21,228 21,228
EVALUATION.
110 0604802A WEAPONS AND MUNITIONS--ENG DEV.... 263,778 259,178
.................................. Program decrease.................. [-4,600]
111 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 41,669 41,669
ENG DEV.
112 0604805A COMMAND, CONTROL, COMMUNICATIONS 40,038 40,038
SYSTEMS--ENG DEV.
113 0604807A MEDICAL MATERIEL/MEDICAL 5,513 5,513
BIOLOGICAL DEFENSE EQUIPMENT--ENG
DEV.
114 0604808A LANDMINE WARFARE/BARRIER--ENG DEV. 12,150 12,150
115 0604818A ARMY TACTICAL COMMAND & CONTROL 111,690 111,690
HARDWARE & SOFTWARE.
116 0604820A RADAR DEVELOPMENT................. 71,259 71,259
117 0604822A GENERAL FUND ENTERPRISE BUSINESS 10,402 10,402
SYSTEM (GFEBS).
119 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL.. 11,425 11,425
120 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 109,702 109,702
SYSTEMS--EMD.
121 0604854A ARTILLERY SYSTEMS--EMD............ 23,106 23,106
122 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 124,475 109,475
.................................. Army contract writing system...... [-15,000]
123 0605018A INTEGRATED PERSONNEL AND PAY 67,564 53,373
SYSTEM-ARMY (IPPS-A).
.................................. Unjustified growth................ [-14,191]
125 0605030A JOINT TACTICAL NETWORK CENTER 17,950 17,950
(JTNC).
126 0605031A JOINT TACTICAL NETWORK (JTN)...... 30,169 30,169
128 0605035A COMMON INFRARED COUNTERMEASURES 11,523 11,523
(CIRCM).
130 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 33,029 33,029
131 0605042A TACTICAL NETWORK RADIO SYSTEMS 4,497 4,497
(LOW-TIER).
132 0605047A CONTRACT WRITING SYSTEM........... 23,487 13,742
.................................. Unjustified growth................ [-9,745]
133 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 19,123 19,123
134 0605052A INDIRECT FIRE PROTECTION 131,093 131,093
CAPABILITY INC 2--BLOCK 1.
135 0605053A GROUND ROBOTICS................... 26,809 26,809
136 0605054A EMERGING TECHNOLOGY INITIATIVES... 185,311 190,311
.................................. Palletized high energy laser...... [5,000]
137 0605143A BIOMETRICS ENABLING CAPABILITY 11,091 11,091
(BEC).
138 0605144A NEXT GENERATION LOAD DEVICE-- 22,439 22,439
MEDIUM.
140 0605148A TACTICAL INTEL TARGETING ACCESS 58,087 108,987
NODE (TITAN) EMD.
.................................. TITAN realignment of funds........ [50,900]
141 0605203A ARMY SYSTEM DEVELOPMENT & 119,516 143,616
DEMONSTRATION.
.................................. CYBERCOM UPL--JCWA integration.... [24,100]
142 0605205A SMALL UNMANNED AERIAL VEHICLE 6,530 6,530
(SUAV) (6.5).
143 0605224A MULTI-DOMAIN INTELLIGENCE......... 19,911 19,911
145 0605231A PRECISION STRIKE MISSILE (PRSM)... 259,506 259,506
146 0605232A HYPERSONICS EMD................... 633,499 633,499
147 0605233A ACCESSIONS INFORMATION ENVIRONMENT 13,647 10,088
(AIE).
.................................. Carryover......................... [-3,559]
148 0605235A STRATEGIC MID-RANGE CAPABILITY.... 5,016 5,016
149 0605236A INTEGRATED TACTICAL COMMUNICATIONS 12,447 12,447
150 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 2,366 2,366
151 0605457A ARMY INTEGRATED AIR AND MISSILE 265,288 259,288
DEFENSE (AIAMD).
.................................. Kill chain automation............. [2,000]
.................................. Program decrease.................. [-8,000]
152 0605531A COUNTER--SMALL UNMANNED AIRCRAFT 14,892 14,892
SYSTEMS SYS DEV & DEMONSTRATION.
153 0605625A MANNED GROUND VEHICLE............. 589,762 577,807
.................................. Excess to need.................... [-11,955]
154 0605766A NATIONAL CAPABILITIES INTEGRATION 17,030 17,030
(MIP).
155 0605812A JOINT LIGHT TACTICAL VEHICLE 9,376 9,376
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
156 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 2,959 2,959
157 0303032A TROJAN--RH12...................... 3,761 3,761
160 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 56,938 99,838
.................................. Realignment of funds.............. [38,000]
.................................. Service Tactical SIGINT Upgrades-- [4,900]
INDOPACOM UPL.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 4,031,334 4,115,995
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
161 0604256A THREAT SIMULATOR DEVELOPMENT...... 18,437 18,437
162 0604258A TARGET SYSTEMS DEVELOPMENT........ 19,132 29,132
.................................. Small UAS engine development...... [10,000]
163 0604759A MAJOR T&E INVESTMENT.............. 107,706 107,706
164 0605103A RAND ARROYO CENTER................ 35,542 35,542
165 0605301A ARMY KWAJALEIN ATOLL.............. 309,005 309,005
166 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 87,122 87,122
168 0605601A ARMY TEST RANGES AND FACILITIES... 401,643 401,643
169 0605602A ARMY TECHNICAL TEST 37,962 57,962
INSTRUMENTATION AND TARGETS.
.................................. Rapid Assurance Modernization [20,000]
Program-Test (RAMP-T).
170 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 36,500 36,500
171 0605606A AIRCRAFT CERTIFICATION............ 2,777 2,777
172 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,958 6,958
ACTIVITIES.
173 0605706A MATERIEL SYSTEMS ANALYSIS......... 22,037 22,037
174 0605709A EXPLOITATION OF FOREIGN ITEMS..... 6,186 6,186
175 0605712A SUPPORT OF OPERATIONAL TESTING.... 70,718 70,718
176 0605716A ARMY EVALUATION CENTER............ 67,058 67,058
177 0605718A ARMY MODELING & SIM X-CMD 6,097 6,097
COLLABORATION & INTEG.
178 0605801A PROGRAMWIDE ACTIVITIES............ 89,793 89,793
179 0605803A TECHNICAL INFORMATION ACTIVITIES.. 28,752 28,752
180 0605805A MUNITIONS STANDARDIZATION, 48,316 53,316
EFFECTIVENESS AND SAFETY.
.................................. Agile Manufacturing for Advanced [5,000]
Armament Systems.
181 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 1,912 1,912
MGMT SUPPORT.
182 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 53,271 53,271
R&D - MHA.
183 0606002A RONALD REAGAN BALLISTIC MISSILE 90,088 90,088
DEFENSE TEST SITE.
184 0606003A COUNTERINTEL AND HUMAN INTEL 1,424 1,424
MODERNIZATION.
186 0606942A ASSESSMENTS AND EVALUATIONS CYBER 5,816 5,816
VULNERABILITIES.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,554,252 1,589,252
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
188 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 18,463 18,463
189 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 9,284 9,284
190 0607131A WEAPONS AND MUNITIONS PRODUCT 11,674 16,674
IMPROVEMENT PROGRAMS.
.................................. Materials improvements............ [5,000]
193 0607137A CHINOOK PRODUCT IMPROVEMENT 52,513 67,513
PROGRAM.
.................................. Chinook 714C engine upgrade....... [15,000]
194 0607139A IMPROVED TURBINE ENGINE PROGRAM... 228,036 228,036
195 0607142A AVIATION ROCKET SYSTEM PRODUCT 11,312 11,312
IMPROVEMENT AND DEVELOPMENT.
196 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 512 512
PRODUCTS.
197 0607145A APACHE FUTURE DEVELOPMENT......... 10,074 20,074
.................................. Program increase.................. [10,000]
198 0607148A AN/TPQ-53 COUNTERFIRE TARGET 62,559 62,559
ACQUISITION RADAR SYSTEM.
199 0607150A INTEL CYBER DEVELOPMENT........... 13,343 13,343
200 0607312A ARMY OPERATIONAL SYSTEMS 26,131 26,131
DEVELOPMENT.
201 0607313A ELECTRONIC WARFARE DEVELOPMENT.... 6,432 6,432
202 0607665A FAMILY OF BIOMETRICS.............. 1,114 1,114
203 0607865A PATRIOT PRODUCT IMPROVEMENT....... 152,312 152,312
204 0203728A JOINT AUTOMATED DEEP OPERATION 19,329 19,329
COORDINATION SYSTEM (JADOCS).
205 0203735A COMBAT VEHICLE IMPROVEMENT 192,310 294,510
PROGRAMS.
.................................. Abrams modernization.............. [97,200]
.................................. Auxiliary power unit development.. [5,000]
206 0203743A 155MM SELF-PROPELLED HOWITZER 136,680 134,680
IMPROVEMENTS.
.................................. Maintain program management level [-2,000]
of effort.
208 0203752A AIRCRAFT ENGINE COMPONENT 148 148
IMPROVEMENT PROGRAM.
209 0203758A DIGITIZATION...................... 2,100 0
.................................. Carryover......................... [-2,100]
210 0203801A MISSILE/AIR DEFENSE PRODUCT 3,109 3,109
IMPROVEMENT PROGRAM.
211 0203802A OTHER MISSILE PRODUCT IMPROVEMENT 9,027 9,027
PROGRAMS.
212 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY-- 793 793
OPERATIONAL SYSTEM DEV.
213 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 20,180 20,180
SYSTEM (GMLRS).
214 0208053A JOINT TACTICAL GROUND SYSTEM...... 8,813 8,813
217 0303140A INFORMATION SYSTEMS SECURITY 17,209 17,209
PROGRAM.
218 0303141A GLOBAL COMBAT SUPPORT SYSTEM...... 27,100 27,100
219 0303142A SATCOM GROUND ENVIRONMENT (SPACE). 18,321 18,321
222 0305179A INTEGRATED BROADCAST SERVICE (IBS) 9,926 9,926
223 0305204A TACTICAL UNMANNED AERIAL VEHICLES. 4,500 4,500
224 0305206A AIRBORNE RECONNAISSANCE SYSTEMS... 17,165 17,165
227 0708045A END ITEM INDUSTRIAL PREPAREDNESS 91,270 91,270
ACTIVITIES.
9999 9999999999 CLASSIFIED PROGRAMS............... 6,664 6,664
.................................. SUBTOTAL OPERATIONAL SYSTEMS 1,188,403 1,316,503
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
228 0608041A DEFENSIVE CYBER--SOFTWARE 94,888 94,888
PROTOTYPE DEVELOPMENT.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 94,888 94,888
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED..................... 395,627
.................................. Inflation effects................. [395,627]
.................................. SUBTOTAL UNDISTRIBUTED............ 395,627
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 13,710,273 15,344,737
& EVAL, ARMY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.................................. BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH INITIATIVES... 90,076 204,700
.................................. All-digital arrays for long- [9,800]
distance applications.
.................................. Program increase.................. [99,824]
.................................. Program increase--artificial [5,000]
intelligence maritime maneuvering.
003 0601153N DEFENSE RESEARCH SCIENCES......... 499,116 529,116
.................................. Basic research increase........... [30,000]
.................................. SUBTOTAL BASIC RESEARCH........... 589,192 733,816
..................................
.................................. APPLIED RESEARCH
004 0602114N POWER PROJECTION APPLIED RESEARCH. 22,953 22,953
005 0602123N FORCE PROTECTION APPLIED RESEARCH. 133,426 192,926
.................................. Cavitation erosion prevention..... [5,000]
.................................. CPF--Resilient Autonomous Systems [4,000]
Research and Workforce Diversity.
.................................. CPF--Talent and Technology for [3,000]
Navy Power and Energy Systems.
.................................. Direct air capture and carbon [10,000]
removal technology program.
.................................. Energy resilience research [3,000]
collaboration.
.................................. Intelligent Data Management for [10,500]
Distributed Naval Platforms.
.................................. Relative positioning of autonomous [5,000]
platforms.
.................................. Resilient Autonomous Systems [8,500]
Research & Workforce Diversity.
.................................. Workforce and technology for Navy [10,500]
power and energy systems.
006 0602131M MARINE CORPS LANDING FORCE 53,467 63,967
TECHNOLOGY.
.................................. CPF--Unmanned Logistics Solutions [3,000]
for the U.S. Marine Corps.
.................................. Unmanned logistics solutions...... [7,500]
007 0602235N COMMON PICTURE APPLIED RESEARCH... 51,911 51,911
008 0602236N WARFIGHTER SUSTAINMENT APPLIED 70,957 80,957
RESEARCH.
.................................. Anti-corrosion coatings........... [10,000]
009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 92,444 107,444
RESEARCH.
.................................. Chip Scale Open Architecture...... [15,000]
010 0602435N OCEAN WARFIGHTING ENVIRONMENT 74,622 84,622
APPLIED RESEARCH.
.................................. Undersea distributed sensing [10,000]
systems.
011 0602651M JOINT NON-LETHAL WEAPONS APPLIED 6,700 6,700
RESEARCH.
012 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 58,111 87,111
.................................. CPF--Persistent Maritime [4,000]
Surveillance.
.................................. Dual-modality research vessels.... [2,000]
.................................. Undersea vehicle technology [20,000]
partnerships.
.................................. UUV research...................... [3,000]
013 0602750N FUTURE NAVAL CAPABILITIES APPLIED 173,641 177,141
RESEARCH.
.................................. Program increase.................. [3,500]
014 0602782N MINE AND EXPEDITIONARY WARFARE 31,649 31,649
APPLIED RESEARCH.
015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 120,637 146,237
APPLIED RESEARCH.
.................................. Navy UFR--Alternative CONOPS [25,600]
Goalkeeper.
016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 81,296 81,296
ONR FIELD ACITIVITIES.
.................................. SUBTOTAL APPLIED RESEARCH......... 971,814 1,134,914
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603123N FORCE PROTECTION ADVANCED 16,933 16,933
TECHNOLOGY.
018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 8,253 8,253
TECHNOLOGY.
019 0603640M USMC ADVANCED TECHNOLOGY 280,285 316,685
DEMONSTRATION (ATD).
.................................. Low-cost attritable aircraft [25,000]
technology.
.................................. Program increase.................. [4,600]
.................................. Program increase--K-MAX next [6,800]
generation autonomous logistics
UAS.
020 0603651M JOINT NON-LETHAL WEAPONS 14,048 14,048
TECHNOLOGY DEVELOPMENT.
021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 251,267 251,267
TECHNOLOGY DEVELOPMENT.
022 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 60,704 60,704
023 0603729N WARFIGHTER PROTECTION ADVANCED 4,999 4,999
TECHNOLOGY.
024 0603758N NAVY WARFIGHTING EXPERIMENTS AND 83,137 83,137
DEMONSTRATIONS.
025 0603782N MINE AND EXPEDITIONARY WARFARE 2,007 2,007
ADVANCED TECHNOLOGY.
026 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) 144,122 210,422
ADVANCED TECHNOLOGY DEVELOPMENT.
.................................. Navy UFR--Alternative CONOPS [61,300]
Goalkeeper.
.................................. Scalable laser weapon system...... [5,000]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 865,755 968,455
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
027 0603128N UNMANNED AERIAL SYSTEM............ 96,883 96,883
028 0603178N LARGE UNMANNED SURFACE VEHICLES 146,840 146,840
(LUSV).
029 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 39,737 39,737
030 0603216N AVIATION SURVIVABILITY............ 17,434 17,434
031 0603239N NAVAL CONSTRUCTION FORCES......... 1,706 1,706
033 0603254N ASW SYSTEMS DEVELOPMENT........... 15,986 15,986
034 0603261N TACTICAL AIRBORNE RECONNAISSANCE.. 3,562 3,562
035 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 18,628 65,828
.................................. Data dissemination and [6,500]
interoperability.
.................................. Navy UFR--Alternative CONOPS [40,700]
Goalkeeper.
036 0603502N SURFACE AND SHALLOW WATER MINE 87,825 87,825
COUNTERMEASURES.
037 0603506N SURFACE SHIP TORPEDO DEFENSE...... 473 473
038 0603512N CARRIER SYSTEMS DEVELOPMENT....... 11,567 11,567
039 0603525N PILOT FISH........................ 672,461 672,461
040 0603527N RETRACT LARCH..................... 7,483 7,483
041 0603536N RETRACT JUNIPER................... 239,336 239,336
042 0603542N RADIOLOGICAL CONTROL.............. 772 772
043 0603553N SURFACE ASW....................... 1,180 1,180
044 0603561N ADVANCED SUBMARINE SYSTEM 105,703 110,703
DEVELOPMENT.
.................................. Program increase.................. [5,000]
045 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 10,917 10,917
046 0603563N SHIP CONCEPT ADVANCED DESIGN...... 82,205 90,205
.................................. Additive Manufacturing in Ship [4,000]
Advanced Concept Design.
.................................. Advance LAW development........... [4,000]
047 0603564N SHIP PRELIMINARY DESIGN & 75,327 75,327
FEASIBILITY STUDIES.
048 0603570N ADVANCED NUCLEAR POWER SYSTEMS.... 227,400 227,400
049 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 176,600 197,200
.................................. Lithium Iron Phosphate Batteries [9,000]
Integration.
.................................. Silicon carbide power modules..... [11,600]
050 0603576N CHALK EAGLE....................... 91,584 91,584
051 0603581N LITTORAL COMBAT SHIP (LCS)........ 96,444 96,444
052 0603582N COMBAT SYSTEM INTEGRATION......... 18,236 18,236
053 0603595N OHIO REPLACEMENT.................. 335,981 350,981
.................................. Rapid realization of composites [15,000]
for wet submarine application.
054 0603596N LCS MISSION MODULES............... 41,533 48,533
.................................. Mine Countermeasures Mission [7,000]
Package Capacity and Wholeness--
Navy UPL.
055 0603597N AUTOMATED TEST AND RE-TEST (ATRT). 9,773 9,773
056 0603599N FRIGATE DEVELOPMENT............... 118,626 115,626
.................................. Prior year underexecution......... [-3,000]
057 0603609N CONVENTIONAL MUNITIONS............ 9,286 9,286
058 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 111,431 111,431
SYSTEM.
059 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 36,496 36,496
DEVELOPMENT.
060 0603713N OCEAN ENGINEERING TECHNOLOGY 6,193 6,193
DEVELOPMENT.
061 0603721N ENVIRONMENTAL PROTECTION.......... 21,647 21,647
062 0603724N NAVY ENERGY PROGRAM............... 60,320 70,320
.................................. Marine energy systems............. [10,000]
063 0603725N FACILITIES IMPROVEMENT............ 5,664 5,664
064 0603734N CHALK CORAL....................... 833,634 833,634
065 0603739N NAVY LOGISTIC PRODUCTIVITY........ 899 899
066 0603746N RETRACT MAPLE..................... 363,973 363,973
067 0603748N LINK PLUMERIA..................... 1,038,661 1,038,661
068 0603751N RETRACT ELM....................... 83,445 83,445
069 0603764M LINK EVERGREEN.................... 313,761 313,761
070 0603790N NATO RESEARCH AND DEVELOPMENT..... 8,041 8,041
071 0603795N LAND ATTACK TECHNOLOGY............ 358 358
072 0603851M JOINT NON-LETHAL WEAPONS TESTING.. 30,533 30,533
073 0603860N JOINT PRECISION APPROACH AND 18,628 18,628
LANDING SYSTEMS--DEM/VAL.
074 0603925N DIRECTED ENERGY AND ELECTRIC 65,080 65,080
WEAPON SYSTEMS.
075 0604014N F/A -18 INFRARED SEARCH AND TRACK 40,069 40,069
(IRST).
076 0604027N DIGITAL WARFARE OFFICE............ 165,753 165,753
077 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 106,347 106,347
VEHICLES.
078 0604029N UNMANNED UNDERSEA VEHICLE CORE 60,697 60,697
TECHNOLOGIES.
079 0604030N RAPID PROTOTYPING, EXPERIMENTATION 57,000 57,000
AND DEMONSTRATION..
081 0604112N GERALD R. FORD CLASS NUCLEAR 116,498 116,498
AIRCRAFT CARRIER (CVN 78--80).
082 0604126N LITTORAL AIRBORNE MCM............. 47,389 47,389
083 0604127N SURFACE MINE COUNTERMEASURES...... 12,959 12,959
084 0604272N TACTICAL AIR DIRECTIONAL INFRARED 15,028 39,028
COUNTERMEASURES (TADIRCM).
.................................. Program increase--distributed [24,000]
aperture infrared countermeasure
system.
085 0604289M NEXT GENERATION LOGISTICS......... 2,342 2,342
086 0604292N FUTURE VERTICAL LIFT (MARITIME 5,103 5,103
STRIKE).
087 0604320M RAPID TECHNOLOGY CAPABILITY 62,927 62,927
PROTOTYPE.
088 0604454N LX (R)............................ 26,630 24,116
.................................. Historical underexecution......... [-2,514]
089 0604536N ADVANCED UNDERSEA PROTOTYPING..... 116,880 116,880
090 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 7,438 7,438
(C-UAS).
091 0604659N PRECISION STRIKE WEAPONS 84,734 109,734
DEVELOPMENT PROGRAM.
.................................. Research and development for a [25,000]
nuclear-capable sea-launched
cruise missile.
092 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 10,229 10,229
ARCHITECTURE/ENGINEERING SUPPORT.
093 0604786N OFFENSIVE ANTI-SURFACE WARFARE 124,204 237,785
WEAPON DEVELOPMENT.
.................................. Navy requested transfer from WPN [46,481]
line 8.
.................................. Navy UFR--Hypersonic OASuW Inc 2.. [67,100]
094 0605512N MEDIUM UNMANNED SURFACE VEHICLES 104,000 104,000
(MUSVS)).
095 0605513N UNMANNED SURFACE VEHICLE ENABLING 181,620 181,620
CAPABILITIES.
096 0605514M GROUND BASED ANTI-SHIP MISSILE.... 43,090 93,090
.................................. Defense Industrial Base (DIB) [50,000]
Expansion for Harpoon Missiles.
097 0605516M LONG RANGE FIRES.................. 36,693 36,693
098 0605518N CONVENTIONAL PROMPT STRIKE (CPS).. 1,205,041 1,225,041
.................................. Full-Scale Rapid CPS Flight Tests. [20,000]
099 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 9,856 9,856
100 0304240M ADVANCED TACTICAL UNMANNED 1,735 1,735
AIRCRAFT SYSTEM.
101 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 796 796
MIP.
.................................. SUBTOTAL ADVANCED COMPONENT 8,405,310 8,745,177
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
102 0603208N TRAINING SYSTEM AIRCRAFT.......... 15,128 15,128
103 0604038N MARITIME TARGETING CELL........... 39,600 89,600
.................................. Family of Integrated Targeting [50,000]
Cells (FITC).
104 0604212N OTHER HELO DEVELOPMENT............ 66,010 66,010
105 0604214M AV-8B AIRCRAFT--ENG DEV........... 9,205 9,205
106 0604215N STANDARDS DEVELOPMENT............. 3,766 3,766
107 0604216N MULTI-MISSION HELICOPTER UPGRADE 44,684 44,684
DEVELOPMENT.
108 0604221N P-3 MODERNIZATION PROGRAM......... 343 343
109 0604230N WARFARE SUPPORT SYSTEM............ 12,337 12,337
110 0604231N COMMAND AND CONTROL SYSTEMS....... 143,575 143,575
111 0604234N ADVANCED HAWKEYE.................. 502,956 482,956
.................................. Program decrease.................. [-20,000]
112 0604245M H-1 UPGRADES...................... 43,759 43,759
113 0604261N ACOUSTIC SEARCH SENSORS........... 50,231 50,231
114 0604262N V-22A............................. 125,233 125,233
115 0604264N AIR CREW SYSTEMS DEVELOPMENT...... 43,282 43,282
116 0604269N EA-18............................. 116,589 116,589
117 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 141,138 141,138
118 0604273M EXECUTIVE HELO DEVELOPMENT........ 45,645 45,645
119 0604274N NEXT GENERATION JAMMER (NGJ)...... 54,679 54,679
120 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 329,787 326,587
(JTRS-NAVY).
.................................. Program decrease.................. [-3,200]
121 0604282N NEXT GENERATION JAMMER (NGJ) 301,737 151,737
INCREMENT II.
.................................. Program delay..................... [-150,000]
122 0604307N SURFACE COMBATANT COMBAT SYSTEM 347,233 336,705
ENGINEERING.
.................................. Historical underexecution......... [-10,528]
124 0604329N SMALL DIAMETER BOMB (SDB)......... 42,881 42,881
125 0604366N STANDARD MISSILE IMPROVEMENTS..... 319,943 319,943
126 0604373N AIRBORNE MCM...................... 10,882 10,882
127 0604378N NAVAL INTEGRATED FIRE CONTROL-- 45,892 45,892
COUNTER AIR SYSTEMS ENGINEERING.
128 0604419N ADVANCED SENSORS APPLICATION 13,000
PROGRAM (ASAP).
.................................. Program increase.................. [13,000]
129 0604501N ADVANCED ABOVE WATER SENSORS...... 81,254 72,917
.................................. Historical underexecution......... [-8,337]
130 0604503N SSN-688 AND TRIDENT MODERNIZATION. 93,501 93,501
131 0604504N AIR CONTROL....................... 39,138 39,138
132 0604512N SHIPBOARD AVIATION SYSTEMS........ 11,759 11,759
133 0604518N COMBAT INFORMATION CENTER 11,160 11,160
CONVERSION.
134 0604522N AIR AND MISSILE DEFENSE RADAR 87,459 87,459
(AMDR) SYSTEM.
135 0604530N ADVANCED ARRESTING GEAR (AAG)..... 151 151
136 0604558N NEW DESIGN SSN.................... 307,585 496,485
.................................. Advanced undersea capability [188,900]
development.
137 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 58,741 58,741
138 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 60,791 60,791
T&E.
139 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 4,177 4,177
140 0604601N MINE DEVELOPMENT.................. 60,793 117,893
.................................. INDOPACOM UFR--Hammerhead......... [47,500]
.................................. INDOPACOM/Navy UFR--Sea Urchin [10,000]
powered quickstrike mines.
141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 142,000 140,111
.................................. Project 2234 historical [-1,889]
underexecution.
142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 8,618 8,618
DEVELOPMENT.
143 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 45,025 45,025
SYSTEMS--ENG DEV.
144 0604703N PERSONNEL, TRAINING, SIMULATION, 7,454 7,454
AND HUMAN FACTORS.
145 0604727N JOINT STANDOFF WEAPON SYSTEMS..... 758 758
146 0604755N SHIP SELF DEFENSE (DETECT & 159,426 159,426
CONTROL).
147 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 71,818 71,818
KILL).
148 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 92,687 92,687
KILL/EW).
149 0604761N INTELLIGENCE ENGINEERING.......... 23,742 23,742
150 0604771N MEDICAL DEVELOPMENT............... 3,178 3,178
151 0604777N NAVIGATION/ID SYSTEM.............. 53,209 53,209
152 0604800M JOINT STRIKE FIGHTER (JSF)--EMD... 611 611
153 0604800N JOINT STRIKE FIGHTER (JSF)--EMD... 234 234
154 0604850N SSN(X)............................ 143,949 143,949
155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 11,361 11,361
156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 290,353 298,103
.................................. Cyber supply chain risk management [5,000]
.................................. High performance data analytics... [2,750]
157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 7,271 7,271
158 0605180N TACAMO MODERNIZATION.............. 554,193 554,193
159 0605212M CH-53K RDTE....................... 220,240 224,240
.................................. CPF--High-Energy Density and High- [4,000]
Power Density Li-Ion Battery
Magazines (HEBM) in Defense
Applications.
160 0605215N MISSION PLANNING.................. 71,107 71,107
161 0605217N COMMON AVIONICS................... 77,960 77,960
162 0605220N SHIP TO SHORE CONNECTOR (SSC)..... 2,886 10,106
.................................. Program increase.................. [7,220]
163 0605327N T-AO 205 CLASS.................... 220 220
164 0605414N UNMANNED CARRIER AVIATION (UCA)... 265,646 265,646
165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 371 371
166 0605500N MULTI-MISSION MARITIME AIRCRAFT 37,939 37,939
(MMA).
167 0605504N MULTI-MISSION MARITIME (MMA) 161,697 161,697
INCREMENT III.
168 0605611M MARINE CORPS ASSAULT VEHICLES 94,569 94,569
SYSTEM DEVELOPMENT &
DEMONSTRATION.
169 0605813M JOINT LIGHT TACTICAL VEHICLE 2,856 2,856
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
170 0204202N DDG-1000.......................... 197,436 184,674
.................................. Prior year underexecution......... [-12,762]
171 0301377N COUNTERING ADVANCED CONVENTIONAL 12,341 22,341
WEAPONS (CACW).
.................................. Threat Mosaic Warfare............. [10,000]
175 0304785N ISR & INFO OPERATIONS............. 135,366 135,366
176 0306250M CYBER OPERATIONS TECHNOLOGY 37,038 37,038
DEVELOPMENT.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,606,583 6,738,237
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
177 0604256N THREAT SIMULATOR DEVELOPMENT...... 29,430 29,430
178 0604258N TARGET SYSTEMS DEVELOPMENT........ 13,708 13,708
179 0604759N MAJOR T&E INVESTMENT.............. 95,316 95,316
180 0605152N STUDIES AND ANALYSIS SUPPORT--NAVY 3,286 3,286
181 0605154N CENTER FOR NAVAL ANALYSES......... 40,624 40,624
183 0605804N TECHNICAL INFORMATION SERVICES.... 987 987
184 0605853N MANAGEMENT, TECHNICAL & 105,152 105,152
INTERNATIONAL SUPPORT.
185 0605856N STRATEGIC TECHNICAL SUPPORT....... 3,787 3,787
186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT... 173,352 173,352
187 0605864N TEST AND EVALUATION SUPPORT....... 468,281 468,281
188 0605865N OPERATIONAL TEST AND EVALUATION 27,808 27,808
CAPABILITY.
189 0605866N NAVY SPACE AND ELECTRONIC WARFARE 27,175 27,175
(SEW) SUPPORT.
190 0605867N SEW SURVEILLANCE/RECONNAISSANCE 7,186 7,186
SUPPORT.
191 0605873M MARINE CORPS PROGRAM WIDE SUPPORT. 39,744 39,744
192 0605898N MANAGEMENT HQ--R&D................ 40,648 40,648
193 0606355N WARFARE INNOVATION MANAGEMENT..... 52,060 52,060
194 0305327N INSIDER THREAT.................... 2,315 2,315
195 0902498N MANAGEMENT HEADQUARTERS 1,811 1,811
(DEPARTMENTAL SUPPORT ACTIVITIES).
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,132,670 1,132,670
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
198 0603273N SCIENCE & TECHNOLOGY FOR NUCLEAR 65,735 65,735
RE-ENTRY SYSTEMS.
201 0604840M F-35 C2D2......................... 525,338 525,338
202 0604840N F-35 C2D2......................... 491,513 491,513
203 0605520M MARINE CORPS AIR DEFENSE WEAPONS 48,663 48,663
SYSTEMS.
204 0607658N COOPERATIVE ENGAGEMENT CAPABILITY 156,121 156,121
(CEC).
205 0101221N STRATEGIC SUB & WEAPONS SYSTEM 284,502 304,502
SUPPORT.
.................................. D5LE2 Risk Reduction.............. [20,000]
206 0101224N SSBN SECURITY TECHNOLOGY PROGRAM.. 50,939 50,939
207 0101226N SUBMARINE ACOUSTIC WARFARE 81,237 86,237
DEVELOPMENT.
.................................. Program increase.................. [5,000]
208 0101402N NAVY STRATEGIC COMMUNICATIONS..... 49,424 49,424
209 0204136N F/A-18 SQUADRONS.................. 238,974 235,860
.................................. Historical underexecution......... [-7,114]
.................................. Jet noise reduction............... [4,000]
210 0204228N SURFACE SUPPORT................... 12,197 12,197
211 0204229N TOMAHAWK AND TOMAHAWK MISSION 132,719 132,719
PLANNING CENTER (TMPC).
212 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 68,417 82,917
.................................. Deployable Surveillance System, [14,500]
Deep Water Active.
213 0204313N SHIP-TOWED ARRAY SURVEILLANCE 1,188 1,188
SYSTEMS.
214 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS 1,789 1,789
(DISPLACEMENT CRAFT).
215 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ 61,422 61,422
ATOR).
216 0204571N CONSOLIDATED TRAINING SYSTEMS 70,339 70,339
DEVELOPMENT.
217 0204575N ELECTRONIC WARFARE (EW) READINESS 47,436 47,436
SUPPORT.
218 0205601N ANTI-RADIATION MISSILE IMPROVEMENT 90,779 90,779
219 0205620N SURFACE ASW COMBAT SYSTEM 28,999 28,999
INTEGRATION.
220 0205632N MK-48 ADCAP....................... 155,868 155,868
221 0205633N AVIATION IMPROVEMENTS............. 130,450 130,450
222 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS. 121,439 121,439
223 0206313M MARINE CORPS COMMUNICATIONS 114,305 114,305
SYSTEMS.
224 0206335M COMMON AVIATION COMMAND AND 14,865 14,865
CONTROL SYSTEM (CAC2S).
225 0206623M MARINE CORPS GROUND COMBAT/ 100,536 100,536
SUPPORTING ARMS SYSTEMS.
226 0206624M MARINE CORPS COMBAT SERVICES 26,522 26,522
SUPPORT.
227 0206625M USMC INTELLIGENCE/ELECTRONIC 51,976 51,976
WARFARE SYSTEMS (MIP).
228 0206629M AMPHIBIOUS ASSAULT VEHICLE........ 8,246 8,246
229 0207161N TACTICAL AIM MISSILES............. 29,236 29,236
230 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 30,898 30,898
MISSILE (AMRAAM).
231 0208043N PLANNING AND DECISION AID SYSTEM 3,609 3,609
(PDAS).
236 0303138N AFLOAT NETWORKS................... 45,693 45,693
237 0303140N INFORMATION SYSTEMS SECURITY 33,752 33,752
PROGRAM.
238 0305192N MILITARY INTELLIGENCE PROGRAM 8,415 8,415
(MIP) ACTIVITIES.
239 0305204N TACTICAL UNMANNED AERIAL VEHICLES. 10,576 10,576
240 0305205N UAS INTEGRATION AND 18,373 18,373
INTEROPERABILITY.
241 0305208M DISTRIBUTED COMMON GROUND/SURFACE 45,705 45,705
SYSTEMS.
242 0305220N MQ-4C TRITON...................... 13,893 13,893
243 0305231N MQ-8 UAV.......................... 13,100
.................................. Costs associated with restoring 5 [13,100]
LCS.
244 0305232M RQ-11 UAV......................... 1,234 1,234
245 0305234N SMALL (LEVEL 0) TACTICAL UAS 3,761 3,761
(STUASL0).
247 0305241N MULTI-INTELLIGENCE SENSOR 56,261 56,261
DEVELOPMENT.
248 0305242M UNMANNED AERIAL SYSTEMS (UAS) 9,780 9,780
PAYLOADS (MIP).
249 0305251N CYBERSPACE OPERATIONS FORCES AND 36,505 36,505
FORCE SUPPORT.
250 0305421N RQ-4 MODERNIZATION................ 163,277 163,277
251 0307577N INTELLIGENCE MISSION DATA (IMD)... 851 851
252 0308601N MODELING AND SIMULATION SUPPORT... 9,437 9,437
253 0702207N DEPOT MAINTENANCE (NON-IF)........ 26,248 26,248
254 0708730N MARITIME TECHNOLOGY (MARITECH).... 2,133 2,133
9999 9999999999 CLASSIFIED PROGRAMS............... 1,701,811 1,701,811
.................................. SUBTOTAL OPERATIONAL SYSTEMS 5,483,386 5,532,872
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
256 0608013N RISK MANAGEMENT INFORMATION-- 12,810 12,810
SOFTWARE PILOT PROGRAM.
257 0608231N MARITIME TACTICAL COMMAND AND 11,198 11,198
CONTROL (MTC2)--SOFTWARE PILOT
PROGRAM.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 24,008 24,008
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED..................... 409,201
.................................. Inflation effects................. [409,201]
.................................. SUBTOTAL UNDISTRIBUTED............ 409,201
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 24,078,718 25,419,350
& EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES......... 375,325 450,397
.................................. Program increase.................. [75,072]
002 0601103F UNIVERSITY RESEARCH INITIATIVES... 171,192 177,542
.................................. CPF--Aeromedical Research Center.. [2,350]
.................................. CPF--GHz-THz Antenna Systems for [4,000]
Massive Data Transmissions in
Real-Time.
.................................. SUBTOTAL BASIC RESEARCH........... 546,517 627,939
..................................
.................................. APPLIED RESEARCH
004 0602020F FUTURE AF CAPABILITIES APPLIED 88,672 84,282
RESEARCH.
.................................. Transformational capability [-4,390]
incubator unjustified growth.
005 0602102F MATERIALS......................... 134,795 149,795
.................................. High energy synchotron X-ray [5,000]
research.
.................................. Thermal protection for hypersonic [10,000]
vehicles.
006 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 159,453 169,453
.................................. Aeromechanics and integration..... [10,000]
007 0602202F HUMAN EFFECTIVENESS APPLIED 135,771 150,771
RESEARCH.
.................................. Digital engineering and prototype [10,000]
capability.
.................................. Program increase.................. [5,000]
008 0602203F AEROSPACE PROPULSION.............. 172,861 172,861
009 0602204F AEROSPACE SENSORS................. 192,733 197,733
.................................. Program increase.................. [5,000]
011 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT-- 8,856 8,856
MAJOR HEADQUARTERS ACTIVITIES.
012 0602602F CONVENTIONAL MUNITIONS............ 137,303 147,303
.................................. Advanced hypersonic propulsion.... [5,000]
.................................. Convergence Lab Center activities. [5,000]
013 0602605F DIRECTED ENERGY TECHNOLOGY........ 109,302 100,947
.................................. Realignment of funds.............. [-8,355]
014 0602788F DOMINANT INFORMATION SCIENCES AND 166,041 226,041
METHODS.
.................................. AI for networks................... [5,000]
.................................. Internet of Things Laboratory..... [5,000]
.................................. Program increase.................. [10,000]
.................................. Quantum testbed................... [10,000]
.................................. Trapped ion quantum computer...... [20,000]
.................................. UAS traffic management............ [10,000]
.................................. SUBTOTAL APPLIED RESEARCH......... 1,305,787 1,408,042
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
016 0603032F FUTURE AF INTEGRATED TECHNOLOGY 152,559 107,559
DEMOS.
.................................. Automated geospatial intelligence [5,000]
detection algorithm.
.................................. Program reduction................. [-50,000]
017 0603112F ADVANCED MATERIALS FOR WEAPON 29,116 39,116
SYSTEMS.
.................................. Metals Affordability Initiative... [10,000]
018 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 10,695 10,695
(S&T).
019 0603203F ADVANCED AEROSPACE SENSORS........ 36,997 36,997
020 0603211F AEROSPACE TECHNOLOGY DEV/DEMO..... 54,727 76,220
.................................. Program increase.................. [20,000]
.................................. Technical realignment............. [-8,507]
.................................. Unmanned semi-autonomous adversary [10,000]
aircraft.
021 0603216F AEROSPACE PROPULSION AND POWER 64,254 82,761
TECHNOLOGY.
.................................. Program increase.................. [10,000]
.................................. Realignment of funds.............. [8,507]
022 0603270F ELECTRONIC COMBAT TECHNOLOGY...... 33,380 33,380
023 0603273F SCIENCE & TECHNOLOGY FOR NUCLEAR 39,431 39,431
RE-ENTRY SYSTEMS.
026 0603456F HUMAN EFFECTIVENESS ADVANCED 20,652 20,652
TECHNOLOGY DEVELOPMENT.
027 0603601F CONVENTIONAL WEAPONS TECHNOLOGY... 187,374 187,374
028 0603605F ADVANCED WEAPONS TECHNOLOGY....... 98,503 93,289
.................................. Transformational technology [-5,214]
development unjustified request.
029 0603680F MANUFACTURING TECHNOLOGY PROGRAM.. 47,759 57,059
.................................. Agile Factory Floor for Depot [5,300]
Sustainment.
.................................. CPF--Additive Manufacturing and [4,000]
Ultra-High Performance Concrete.
030 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 51,824 51,824
AND DEMONSTRATION.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 827,271 836,357
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
031 0603036F MODULAR ADVANCED MISSILE.......... 125,688 125,688
032 0603260F INTELLIGENCE ADVANCED DEVELOPMENT. 6,101 6,101
033 0603742F COMBAT IDENTIFICATION TECHNOLOGY.. 17,318 17,318
034 0603790F NATO RESEARCH AND DEVELOPMENT..... 4,295 4,295
035 0603851F INTERCONTINENTAL BALLISTIC 46,432 46,432
MISSILE--DEM/VAL.
036 0604001F NC3 ADVANCED CONCEPTS............. 5,098 5,098
038 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 231,408 231,408
(ABMS).
039 0604004F ADVANCED ENGINE DEVELOPMENT....... 353,658 353,658
040 0604006F DEPT OF THE AIR FORCE TECH 66,615 50,000
ARCHITECTURE.
.................................. Program growth.................... [-16,615]
041 0604015F LONG RANGE STRIKE--BOMBER......... 3,253,584 3,143,584
.................................. Excess to need.................... [-110,000]
042 0604032F DIRECTED ENERGY PROTOTYPING....... 4,269 4,269
043 0604033F HYPERSONICS PROTOTYPING........... 431,868 161,547
.................................. Technical realignment............. [-270,321]
044 0604183F HYPERSONICS PROTOTYPING-- 144,891 461,778
HYPERSONIC ATTACK CRUISE MISSILE
(HACM).
.................................. Technical realignment............. [316,887]
045 0604201F PNT RESILIENCY, MODS, AND 12,010 12,010
IMPROVEMENTS.
046 0604257F ADVANCED TECHNOLOGY AND SENSORS... 13,311 13,311
047 0604288F SURVIVABLE AIRBORNE OPERATIONS 203,213 203,213
CENTER.
048 0604317F TECHNOLOGY TRANSFER............... 16,759 16,759
049 0604327F HARD AND DEEPLY BURIED TARGET 106,826 141,826
DEFEAT SYSTEM (HDBTDS) PROGRAM.
.................................. CENTCOM UFR--HDBTDS program....... [35,000]
050 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS- 44,526 69,526
ACS.
.................................. Program increase.................. [25,000]
051 0604668F JOINT TRANSPORTATION MANAGEMENT 51,758 27,758
SYSTEM (JTMS).
.................................. Product development ahead of need. [-24,000]
052 0604776F DEPLOYMENT & DISTRIBUTION 27,586 27,586
ENTERPRISE R&D.
053 0604858F TECH TRANSITION PROGRAM........... 649,545 602,795
.................................. Hybrid autonomous maritime [2,000]
expeditionary logistics.
.................................. Program increase.................. [9,250]
.................................. Technical realignment............. [-58,000]
054 0604860F OPERATIONAL ENERGY AND 15,500
INSTALLATION RESILIENCE.
.................................. Technical realignment............. [15,500]
055 0605230F GROUND BASED STRATEGIC DETERRENT.. 3,000
.................................. ICBM transition readiness modeling [3,000]
and simulation.
056 0207110F NEXT GENERATION AIR DOMINANCE..... 1,657,733 1,657,733
057 0207179F AUTONOMOUS COLLABORATIVE PLATFORMS 51,747 51,747
058 0207420F COMBAT IDENTIFICATION............. 1,866 1,866
059 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 14,490 14,490
(3DELRR).
060 0207522F AIRBASE AIR DEFENSE SYSTEMS 52,498 48,498
(ABADS).
.................................. Program decrease.................. [-4,000]
061 0208030F WAR RESERVE MATERIEL--AMMUNITION.. 10,288 10,288
064 0305236F COMMON DATA LINK EXECUTIVE AGENT 37,460 37,460
(CDL EA).
065 0305601F MISSION PARTNER ENVIRONMENTS...... 17,378 17,378
066 0306250F CYBER OPERATIONS TECHNOLOGY 234,576 365,276
SUPPORT.
.................................. AI systems and applications for [50,000]
CYBERCOM.
.................................. CYBERCOM UFR--Cyber mission force [31,000]
operational support.
.................................. CYBERCOM UFR--Joint cyberspace [20,900]
warfighting architecture.
.................................. Hunt forward operations........... [28,800]
067 0306415F ENABLED CYBER ACTIVITIES.......... 16,728 16,728
070 0808737F CVV INTEGRATED PREVENTION......... 9,315 9,315
071 0901410F CONTRACTING INFORMATION TECHNOLOGY 14,050 14,050
SYSTEM.
072 1206415F U.S. SPACE COMMAND RESEARCH AND 10,350 10,350
DEVELOPMENT SUPPORT.
.................................. SUBTOTAL ADVANCED COMPONENT 7,945,238 7,999,639
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
073 0604200F FUTURE ADVANCED WEAPON ANALYSIS & 9,879 9,879
PROGRAMS.
074 0604201F PNT RESILIENCY, MODS, AND 176,824 176,824
IMPROVEMENTS.
075 0604222F NUCLEAR WEAPONS SUPPORT........... 64,425 64,425
076 0604270F ELECTRONIC WARFARE DEVELOPMENT.... 2,222 2,222
077 0604281F TACTICAL DATA NETWORKS ENTERPRISE. 133,117 133,117
078 0604287F PHYSICAL SECURITY EQUIPMENT....... 8,493 8,493
079 0604602F ARMAMENT/ORDNANCE DEVELOPMENT..... 5,279 5,279
080 0604604F SUBMUNITIONS...................... 3,273 3,273
081 0604617F AGILE COMBAT SUPPORT.............. 14,252 14,252
083 0604706F LIFE SUPPORT SYSTEMS.............. 47,442 47,442
084 0604735F COMBAT TRAINING RANGES............ 91,284 91,284
086 0604932F LONG RANGE STANDOFF WEAPON........ 928,850 928,850
087 0604933F ICBM FUZE MODERNIZATION........... 98,376 98,376
088 0605030F JOINT TACTICAL NETWORK CENTER 2,222 2,222
(JTNC).
089 0605056F OPEN ARCHITECTURE MANAGEMENT...... 38,222 38,222
090 0605223F ADVANCED PILOT TRAINING........... 37,121 37,121
091 0605229F HH-60W............................ 58,974 58,974
092 0605238F GROUND BASED STRATEGIC DETERRENT 3,614,290 3,614,290
EMD.
094 0207171F F-15 EPAWSS....................... 67,956 67,956
095 0207279F ISOLATED PERSONNEL SURVIVABILITY 27,881 27,881
AND RECOVERY.
096 0207328F STAND IN ATTACK WEAPON............ 283,152 274,152
.................................. Program decrease.................. [-9,000]
097 0207701F FULL COMBAT MISSION TRAINING...... 3,028 12,528
.................................. Airborne Augemented Reality....... [9,500]
102 0401221F KC-46A TANKER SQUADRONS........... 197,510 188,810
.................................. PACS delays....................... [-8,700]
103 0401319F VC-25B............................ 492,932 392,932
.................................. Program decrease.................. [-100,000]
104 0701212F AUTOMATED TEST SYSTEMS............ 16,664 16,664
105 0804772F TRAINING DEVELOPMENTS............. 15,138 15,138
107 1206442F NEXT GENERATION OPIR.............. 148 148
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,438,954 6,330,754
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
108 0604256F THREAT SIMULATOR DEVELOPMENT...... 21,067 21,067
109 0604759F MAJOR T&E INVESTMENT.............. 44,714 171,314
.................................. Air Force UFR--Gulf [55,200]
instrumentation for hypersonics
testing.
.................................. Air Force UFR--Quick reaction test [14,700]
capability for hypersonics
testing.
.................................. Air Force UFR--VKF wind tunnel [56,700]
improvements for hypersonics
testing.
110 0605101F RAND PROJECT AIR FORCE............ 37,921 37,921
111 0605502F SMALL BUSINESS INNOVATION RESEARCH 86 0
.................................. Programming error................. [-86]
112 0605712F INITIAL OPERATIONAL TEST & 13,926 13,926
EVALUATION.
113 0605807F TEST AND EVALUATION SUPPORT....... 826,854 841,854
.................................. Air Force UFR--EDW/Eglin [10,000]
hypersonics testing.
.................................. Air Force UFR--VKF wind tunnel [5,000]
throughput for hypersonics
testing.
115 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT 255,995 283,995
SYS.
.................................. Technical realignment............. [28,000]
116 0605828F ACQ WORKFORCE- GLOBAL REACH....... 457,589 457,589
117 0605829F ACQ WORKFORCE- CYBER, NETWORK, & 459,223 473,423
BUS SYS.
.................................. Technical realignment............. [14,200]
118 0605830F ACQ WORKFORCE- GLOBAL BATTLE MGMT. 3,696 3,696
119 0605831F ACQ WORKFORCE- CAPABILITY 229,610 253,610
INTEGRATION.
.................................. Technical realignment............. [24,000]
120 0605832F ACQ WORKFORCE- ADVANCED PRGM 92,648 67,361
TECHNOLOGY.
.................................. Technical realignment............. [-25,287]
121 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.... 241,226 236,382
.................................. Technical realignment............. [-4,844]
122 0605898F MANAGEMENT HQ--R&D................ 4,347 5,624
.................................. Technical realignment............. [1,277]
123 0605976F FACILITIES RESTORATION AND 77,820 133,420
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
.................................. Air Force UFR--Quick reaction test [7,500]
capability for hypersonics
testing.
.................................. Air Force UFR--VKF wind tunnel [48,100]
improvements for hypersonics
testing.
124 0605978F FACILITIES SUSTAINMENT--TEST AND 31,561 31,561
EVALUATION SUPPORT.
125 0606017F REQUIREMENTS ANALYSIS AND 101,844 101,844
MATURATION.
126 0606398F MANAGEMENT HQ--T&E................ 6,285 6,285
127 0303166F SUPPORT TO INFORMATION OPERATIONS 556 556
(IO) CAPABILITIES.
128 0303255F COMMAND, CONTROL, COMMUNICATION, 15,559 35,559
AND COMPUTERS (C4)--STRATCOM.
.................................. Establishment and initial [20,000]
operations of the NC3 Rapid
Engineering Architecture
Collaboration Hub (REACH).
129 0308602F ENTEPRISE INFORMATION SERVICES 83,231 83,231
(EIS).
130 0702806F ACQUISITION AND MANAGEMENT SUPPORT 24,306 24,306
131 0804731F GENERAL SKILL TRAINING............ 871 871
134 1001004F INTERNATIONAL ACTIVITIES.......... 2,593 2,593
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 3,033,528 3,287,988
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
136 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 18,037 18,037
TRAINING.
138 0604617F AGILE COMBAT SUPPORT.............. 8,199 8,199
139 0604776F DEPLOYMENT & DISTRIBUTION 156 156
ENTERPRISE R&D.
140 0604840F F-35 C2D2......................... 1,014,708 1,014,708
141 0605018F AF INTEGRATED PERSONNEL AND PAY 37,901 37,901
SYSTEM (AF-IPPS).
142 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 50,066 50,066
AGENCY.
143 0605117F FOREIGN MATERIEL ACQUISITION AND 80,338 80,338
EXPLOITATION.
144 0605278F HC/MC-130 RECAP RDT&E............. 47,994 47,994
145 0606018F NC3 INTEGRATION................... 23,559 23,559
147 0101113F B-52 SQUADRONS.................... 770,313 734,807
.................................. Program decrease.................. [-35,506]
148 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 571 571
149 0101126F B-1B SQUADRONS.................... 13,144 23,144
.................................. Hypersonic Integration Validation [10,000]
Testing.
150 0101127F B-2 SQUADRONS..................... 111,990 111,990
151 0101213F MINUTEMAN SQUADRONS............... 69,650 69,650
152 0101316F WORLDWIDE JOINT STRATEGIC 22,725 22,725
COMMUNICATIONS.
153 0101324F INTEGRATED STRATEGIC PLANNING & 3,180 3,180
ANALYSIS NETWORK.
154 0101328F ICBM REENTRY VEHICLES............. 118,616 118,616
156 0102110F UH-1N REPLACEMENT PROGRAM......... 17,922 17,922
157 0102326F REGION/SECTOR OPERATION CONTROL 451 451
CENTER MODERNIZATION PROGRAM.
158 0102412F NORTH WARNING SYSTEM (NWS)........ 76,910 76,910
159 0102417F OVER-THE-HORIZON BACKSCATTER RADAR 12,210 12,210
160 0202834F VEHICLES AND SUPPORT EQUIPMENT-- 14,483 14,483
GENERAL.
161 0205219F MQ-9 UAV.......................... 98,499 98,499
162 0205671F JOINT COUNTER RCIED ELECTRONIC 1,747 1,747
WARFARE.
163 0207040F MULTI-PLATFORM ELECTRONIC WARFARE 23,195 23,195
EQUIPMENT.
164 0207131F A-10 SQUADRONS.................... 72,393 72,393
165 0207133F F-16 SQUADRONS.................... 244,696 244,696
166 0207134F F-15E SQUADRONS................... 213,272 200,139
.................................. Digital color display delays...... [-1,843]
.................................. OFP CD&I carryover................ [-11,290]
167 0207136F MANNED DESTRUCTIVE SUPPRESSION.... 16,695 16,695
168 0207138F F-22A SQUADRONS................... 559,709 559,709
169 0207142F F-35 SQUADRONS.................... 70,730 70,730
170 0207146F F-15EX............................ 83,830 83,830
171 0207161F TACTICAL AIM MISSILES............. 34,536 34,536
172 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 52,704 52,704
MISSILE (AMRAAM).
173 0207227F COMBAT RESCUE--PARARESCUE......... 863 863
174 0207247F AF TENCAP......................... 23,309 23,309
175 0207249F PRECISION ATTACK SYSTEMS 12,722 12,722
PROCUREMENT.
176 0207253F COMPASS CALL...................... 49,054 49,054
177 0207268F AIRCRAFT ENGINE COMPONENT 116,087 116,087
IMPROVEMENT PROGRAM.
178 0207325F JOINT AIR-TO-SURFACE STANDOFF 117,198 129,198
MISSILE (JASSM).
.................................. INDOPACOM UFR--JASSM software [12,000]
update.
179 0207327F SMALL DIAMETER BOMB (SDB)......... 27,713 27,713
181 0207412F CONTROL AND REPORTING CENTER (CRC) 6,615 6,615
182 0207417F AIRBORNE WARNING AND CONTROL 239,658 539,658
SYSTEM (AWACS).
.................................. E-7 acceleration.................. [301,000]
.................................. Early to need--communication [-1,000]
network upgrade.
183 0207418F AFSPECWAR--TACP................... 5,982 5,982
185 0207431F COMBAT AIR INTELLIGENCE SYSTEM 23,504 23,504
ACTIVITIES.
186 0207438F THEATER BATTLE MANAGEMENT (TBM) 5,851 5,851
C4I.
187 0207439F ELECTRONIC WARFARE INTEGRATED 15,990 15,990
REPROGRAMMING (EWIR).
188 0207444F TACTICAL AIR CONTROL PARTY-MOD.... 10,315 10,315
189 0207452F DCAPES............................ 8,049 8,049
190 0207521F AIR FORCE CALIBRATION PROGRAMS.... 2,123 2,123
192 0207573F NATIONAL TECHNICAL NUCLEAR 2,039 2,039
FORENSICS.
193 0207590F SEEK EAGLE........................ 32,853 32,853
194 0207601F USAF MODELING AND SIMULATION...... 19,341 19,341
195 0207605F WARGAMING AND SIMULATION CENTERS.. 7,004 7,004
197 0207697F DISTRIBUTED TRAINING AND EXERCISES 4,628 4,628
198 0208006F MISSION PLANNING SYSTEMS.......... 99,214 99,214
199 0208007F TACTICAL DECEPTION................ 17,074 17,074
200 0208064F OPERATIONAL HQ--CYBER............. 2,347 5,347
.................................. Program increase--command and [3,000]
control of the information
environment.
201 0208087F DISTRIBUTED CYBER WARFARE 76,592 76,592
OPERATIONS.
202 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 8,367 0
.................................. Programming error................. [-8,367]
203 0208097F JOINT CYBER COMMAND AND CONTROL 80,740 80,740
(JCC2).
204 0208099F UNIFIED PLATFORM (UP)............. 107,548 107,548
208 0208288F INTEL DATA APPLICATIONS........... 1,065 1,065
209 0301025F GEOBASE........................... 2,928 2,928
211 0301113F CYBER SECURITY INTELLIGENCE 8,972 8,972
SUPPORT.
218 0301401F AIR FORCE SPACE AND CYBER NON- 3,069 3,069
TRADITIONAL ISR FOR BATTLESPACE
AWARENESS.
219 0302015F E-4B NATIONAL AIRBORNE OPERATIONS 25,701 25,701
CENTER (NAOC).
220 0303131F MINIMUM ESSENTIAL EMERGENCY 41,171 41,171
COMMUNICATIONS NETWORK (MEECN).
221 0303140F INFORMATION SYSTEMS SECURITY 70,582 70,582
PROGRAM.
224 0303260F JOINT MILITARY DECEPTION 2,588 2,588
INITIATIVE.
226 0304260F AIRBORNE SIGINT ENTERPRISE........ 108,528 115,528
.................................. Special Mission Airborne SIGINT [7,000]
Enterprise Technology.
227 0304310F COMMERCIAL ECONOMIC ANALYSIS...... 4,542 4,542
230 0305015F C2 AIR OPERATIONS SUITE--C2 INFO 8,097 8,097
SERVICES.
231 0305020F CCMD INTELLIGENCE INFORMATION 1,751 1,751
TECHNOLOGY.
232 0305022F ISR MODERNIZATION & AUTOMATION 13,138 13,138
DVMT (IMAD).
233 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 4,895 4,895
(GATM).
234 0305103F CYBER SECURITY INITIATIVE......... 91 91
235 0305111F WEATHER SERVICE................... 11,716 21,716
.................................. Commercial weather data pilot..... [10,000]
236 0305114F AIR TRAFFIC CONTROL, APPROACH, AND 8,511 8,511
LANDING SYSTEM (ATCALS).
237 0305116F AERIAL TARGETS.................... 1,365 1,365
240 0305128F SECURITY AND INVESTIGATIVE 223 223
ACTIVITIES.
241 0305146F DEFENSE JOINT COUNTERINTELLIGENCE 8,328 8,328
ACTIVITIES.
243 0305179F INTEGRATED BROADCAST SERVICE (IBS) 22,123 22,123
244 0305202F DRAGON U-2........................ 20,170 20,170
245 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 55,048 60,048
.................................. Wide Area Motion Imagery.......... [5,000]
246 0305207F MANNED RECONNAISSANCE SYSTEMS..... 14,590 14,590
247 0305208F DISTRIBUTED COMMON GROUND/SURFACE 26,901 26,901
SYSTEMS.
248 0305220F RQ-4 UAV.......................... 68,801 68,801
249 0305221F NETWORK-CENTRIC COLLABORATIVE 17,564 17,564
TARGETING.
250 0305238F NATO AGS.......................... 826 826
251 0305240F SUPPORT TO DCGS ENTERPRISE........ 28,774 28,774
252 0305600F INTERNATIONAL INTELLIGENCE 15,036 15,036
TECHNOLOGY AND ARCHITECTURES.
253 0305881F RAPID CYBER ACQUISITION........... 3,739 3,739
254 0305984F PERSONNEL RECOVERY COMMAND & CTRL 2,702 2,702
(PRC2).
255 0307577F INTELLIGENCE MISSION DATA (IMD)... 6,332 6,332
256 0401115F C-130 AIRLIFT SQUADRON............ 407 407
257 0401119F C-5 AIRLIFT SQUADRONS (IF)........ 6,100 3,100
.................................. RCMD delays....................... [-3,000]
258 0401130F C-17 AIRCRAFT (IF)................ 25,387 30,387
.................................. IR Suppression.................... [5,000]
259 0401132F C-130J PROGRAM.................... 11,060 10,060
.................................. MILSATCOM modernization delays.... [-1,000]
260 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 2,909 2,909
(LAIRCM).
261 0401218F KC-135S........................... 12,955 12,955
262 0401318F CV-22............................. 10,121 10,121
263 0408011F SPECIAL TACTICS / COMBAT CONTROL.. 6,297 6,297
264 0708055F MAINTENANCE, REPAIR & OVERHAUL 19,892 23,892
SYSTEM.
.................................. CPF--Aviation Training Academy of [4,000]
the Future.
265 0708610F LOGISTICS INFORMATION TECHNOLOGY 5,271 5,271
(LOGIT).
267 0804743F OTHER FLIGHT TRAINING............. 2,214 2,214
269 0901202F JOINT PERSONNEL RECOVERY AGENCY... 2,164 2,164
270 0901218F CIVILIAN COMPENSATION PROGRAM..... 4,098 4,098
271 0901220F PERSONNEL ADMINISTRATION.......... 3,191 3,191
272 0901226F AIR FORCE STUDIES AND ANALYSIS 899 899
AGENCY.
273 0901538F FINANCIAL MANAGEMENT INFORMATION 5,421 5,421
SYSTEMS DEVELOPMENT.
276 1202140F SERVICE SUPPORT TO SPACECOM 13,766 13,766
ACTIVITIES.
9999 9999999999 CLASSIFIED PROGRAMS............... 17,240,641 17,325,641
.................................. Electromagnetic spectrum [85,000]
technology for spectrum sharing,
EW protection, and offensive EW
capabilities.
.................................. SUBTOTAL OPERATIONAL SYSTEMS 23,090,569 23,470,563
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
278 0608158F STRATEGIC MISSION PLANNING AND 100,167 100,167
EXECUTION SYSTEM--SOFTWARE PILOT
PROGRAM.
279 0608410F AIR & SPACE OPERATIONS CENTER 177,827 177,827
(AOC)--SOFTWARE PILOT PROGRAM.
280 0608920F DEFENSE ENTERPRISE ACCOUNTING AND 136,202 136,202
MANAGEMENT SYSTEM (DEAMS)--
SOFTWARE PILOT PRO.
281 0208087F DISTRIBUTED CYBER WARFARE 37,346 0
OPERATIONS.
.................................. Technical realignment............. [-37,346]
282 0308605F AIR FORCE DEFENSIVE CYBER SYSTEMS 240,926 228,880
(AFDCS)--SOFTWARE PILOT PROGRAM.
.................................. Excess to need.................... [-12,046]
283 0308606F ALL DOMAIN COMMON PLATFORM (ADCP)-- 190,112 180,607
SOFTWARE PILOT PROGRAM.
.................................. Excess to need.................... [-9,505]
284 0308607F AIR FORCE WEATHER PROGRAMS-- 58,063 55,160
SOFTWARE PILOT PROGRAM.
.................................. Excess to need.................... [-2,903]
285 0308608F ELECTRONIC WARFARE INTEGRATED 5,794 5,598
REPROGRAMMING (EWIR)--SOFTWARE
PILOT PROGRAM.
.................................. Excess to need.................... [-196]
.................................. SUBTOTAL SOFTWARE AND DIGITAL 946,437 884,441
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED..................... 1,000,847
.................................. Inflation effects................. [1,000,847]
.................................. SUBTOTAL UNDISTRIBUTED............ 1,000,847
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 44,134,301 45,846,570
& EVAL, AF.
..................................
.................................. RDTE, SPACE FORCE
.................................. APPLIED RESEARCH
002 1206601SF SPACE TECHNOLOGY.................. 243,737 270,092
.................................. Advanced Analog Microelectronics.. [3,000]
.................................. Technical realignment............. [8,355]
.................................. University Consortia for Space [15,000]
Technology.
.................................. SUBTOTAL APPLIED RESEARCH......... 243,737 270,092
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
003 1206310SF SPACE SCIENCE AND TECHNOLOGY 460,820 478,472
RESEARCH AND DEVELOPMENT.
.................................. Defense in depth as mission [10,000]
assurance for spacecraft.
.................................. Program increase.................. [7,652]
004 1206616SF SPACE ADVANCED TECHNOLOGY 103,395 80,168
DEVELOPMENT/DEMO.
.................................. Reduce follow-on tranches......... [-26,000]
.................................. Technical realignment............. [2,773]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 564,215 558,640
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
005 0604002SF SPACE FORCE WEATHER SERVICES 816 816
RESEARCH.
006 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM 382,594 382,594
(USER EQUIPMENT) (SPACE).
007 1203622SF SPACE WARFIGHTING ANALYSIS........ 44,791 44,791
008 1203710SF EO/IR WEATHER SYSTEMS............. 96,519 96,519
010 1206410SF SPACE TECHNOLOGY DEVELOPMENT AND 986,822 986,822
PROTOTYPING.
012 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 230,621 230,621
013 1206427SF SPACE SYSTEMS PROTOTYPE 106,252 106,252
TRANSITIONS (SSPT).
014 1206438SF SPACE CONTROL TECHNOLOGY.......... 57,953 59,953
.................................. Program increase.................. [2,000]
016 1206730SF SPACE SECURITY AND DEFENSE PROGRAM 59,169 59,169
017 1206760SF PROTECTED TACTICAL ENTERPRISE 121,069 111,169
SERVICE (PTES).
.................................. Unjustified increase.............. [-9,900]
018 1206761SF PROTECTED TACTICAL SERVICE (PTS).. 294,828 279,628
.................................. Unjustified increase.............. [-15,200]
019 1206855SF EVOLVED STRATEGIC SATCOM (ESS).... 565,597 542,097
.................................. Unjustified increase.............. [-23,500]
020 1206857SF SPACE RAPID CAPABILITIES OFFICE... 45,427 45,427
.................................. SUBTOTAL ADVANCED COMPONENT 2,992,458 2,945,858
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
021 1203269SF GPS III FOLLOW-ON (GPS IIIF)...... 325,927 318,727
.................................. Unjustified increase--GPS IIIF.... [-7,200]
022 1203940SF SPACE SITUATION AWARENESS 49,628 49,628
OPERATIONS.
023 1206421SF COUNTERSPACE SYSTEMS.............. 21,848 21,848
024 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 48,870 48,870
025 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 105,140 105,140
026 1206431SF ADVANCED EHF MILSATCOM (SPACE).... 11,701 11,701
027 1206432SF POLAR MILSATCOM (SPACE)........... 67,465 67,465
028 1206433SF WIDEBAND GLOBAL SATCOM (SPACE).... 48,438 48,438
029 1206440SF NEXT-GEN OPIR--GROUND............. 612,529
.................................. Technical realignment............. [612,529]
030 1206442SF NEXT GENERATION OPIR.............. 3,479,459 253,801
.................................. Technical realignment............. [-3,225,658]
031 1206443SF NEXT-GEN OPIR--GEO................ 1,713,933
.................................. Technical realignment............. [1,713,933]
032 1206444SF NEXT-GEN OPIR--POLAR.............. 899,196
.................................. Technical realignment............. [899,196]
033 1206445SF COMMERCIAL SATCOM (COMSATCOM) 23,513 23,513
INTEGRATION.
034 1206446SF RESILIENT MISSILE WARNING MISSILE 499,840 525,637
TRACKING--LOW EARTH ORBIT (LEO).
.................................. Technical realignment............. [25,797]
035 1206447SF RESILIENT MISSILE WARNING MISSILE 139,131 303,930
TRACKING--MEDIUM EARTH ORBIT
(MEO).
.................................. Technical realignment............. [164,799]
036 1206448SF RESILIENT MISSILE WARNING MISSILE 390,596 0
TRACKING--INTEGRATED GROUND
SEGMENT.
.................................. Technical realignment............. [-390,596]
037 1206853SF NATIONAL SECURITY SPACE LAUNCH 124,103 154,103
PROGRAM (SPACE)--EMD.
.................................. Increase EMD for NSSL Phase 3 and [30,000]
beyond activities.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 5,335,659 5,158,459
DEMONSTRATION.
039 1206116SF SPACE TEST AND TRAINING RANGE 21,453 21,453
DEVELOPMENT.
040 1206392SF ACQ WORKFORCE--SPACE & MISSILE 253,716 253,716
SYSTEMS.
041 1206398SF SPACE & MISSILE SYSTEMS CENTER-- 13,962 13,962
MHA.
042 1206616SF SPACE ADVANCED TECHNOLOGY 2,773 0
DEVELOPMENT/DEMO.
.................................. Technical realignment............. [-2,773]
043 1206759SF MAJOR T&E INVESTMENT--SPACE....... 89,751 89,751
044 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM 17,922 17,922
(SPACE).
045 1206862SF TACTICALLY RESPONSIVE LAUNCH...... 100,000
.................................. Continue Tactically Responsive [100,000]
Space.
046 1206864SF SPACE TEST PROGRAM (STP).......... 25,366 25,366
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 424,943 522,170
..................................
.................................. OPERATIONAL SYSTEM DEVELOPMENT
048 1201017SF GLOBAL SENSOR INTEGRATED ON 5,321 5,321
NETWORK (GSIN).
049 1203001SF FAMILY OF ADVANCED BLOS TERMINALS 128,243 128,243
(FAB-T).
050 1203040SF DCO-SPACE......................... 28,162 28,162
051 1203109SF NARROWBAND SATELLITE 165,892 165,892
COMMUNICATIONS.
052 1203110SF SATELLITE CONTROL NETWORK (SPACE). 42,199 42,199
053 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM 2,062 2,062
(SPACE AND CONTROL SEGMENTS).
054 1203173SF SPACE AND MISSILE TEST AND 4,157 4,157
EVALUATION CENTER.
055 1203174SF SPACE INNOVATION, INTEGRATION AND 38,103 38,103
RAPID TECHNOLOGY DEVELOPMENT.
056 1203182SF SPACELIFT RANGE SYSTEM (SPACE).... 11,658 11,658
057 1203265SF GPS III SPACE SEGMENT............. 1,626 1,626
058 1203330SF SPACE SUPERIORITY ISR............. 29,128 29,128
059 1203620SF NATIONAL SPACE DEFENSE CENTER..... 2,856 2,856
060 1203873SF BALLISTIC MISSILE DEFENSE RADARS.. 18,615 21,615
.................................. Upgrades for Perimeter Acquisition [3,000]
Radar Attack Characterization
System (PARCS).
061 1203906SF NCMC--TW/AA SYSTEM................ 7,274 7,274
062 1203913SF NUDET DETECTION SYSTEM (SPACE).... 80,429 80,429
063 1203940SF SPACE SITUATION AWARENESS 80,903 80,903
OPERATIONS.
064 1206423SF GLOBAL POSITIONING SYSTEM III-- 359,720 359,720
OPERATIONAL CONTROL SEGMENT.
068 1206770SF ENTERPRISE GROUND SERVICES........ 123,601 123,601
9999 9999999999 CLASSIFIED PROGRAMS............... 4,973,358 5,306,358
.................................. INDOPACOM UFR--Operationalize near- [308,000]
term space control.
.................................. Program adjustment................ [25,000]
.................................. SUBTOTAL OPERATIONAL SYSTEM 6,103,307 6,439,307
DEVELOPMENT.
..................................
.................................. SOFTWARE & DIGITAL TECHNOLOGY
PILOT PROGRAMS
070 1208248SF SPACE COMMAND & CONTROL--SOFTWARE 155,053 155,053
PILOT PROGRAM.
.................................. SUBTOTAL SOFTWARE & DIGITAL 155,053 155,053
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED..................... 539,491
.................................. Inflation effects................. [539,491]
.................................. SUBTOTAL UNDISTRIBUTED............ 539,491
..................................
.................................. TOTAL RDTE, SPACE FORCE........... 15,819,372 16,589,070
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.................................. BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH............... 11,584 11,584
002 0601101E DEFENSE RESEARCH SCIENCES......... 401,870 494,344
.................................. AI for supply chain............... [3,000]
.................................. Math and computer science......... [5,000]
.................................. Program increase.................. [84,474]
003 0601108D8Z HIGH ENERGY LASER RESEARCH 16,257 16,257
INITIATIVES.
004 0601110D8Z BASIC RESEARCH INITIATIVES........ 62,386 84,686
.................................. CPF--FIU/SOUTHCOM Security [1,300]
Research Hub / Enhanced Domain
Awareness (EDA) Initiative.
.................................. CPF--HBCU Training for the Future [1,000]
of Aerospace.
.................................. Defense established program to [20,000]
stimulate competitive research
(DEPSCoR).
005 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 80,874 80,874
SCIENCE.
006 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 132,347 140,347
.................................. CPF--Florida Memorial Avionics [1,000]
Smart Scholars.
.................................. Program increase--Ronald V. [5,000]
Dellums Memorial Fellowship.
.................................. SMART............................. [2,000]
007 0601228D8Z HISTORICALLY BLACK COLLEGES AND 33,288 131,711
UNIVERSITIES/MINORITY
INSTITUTIONS.
.................................. CPF--Augmenting Quantum Sensing [1,111]
Research, Education and Training
in DoD CoE at DSU.
.................................. CPF--Florida Memorial University [600]
Department of Natural Sciences
STEM Equipment.
.................................. Program increase.................. [66,712]
.................................. Program increase for STEM programs [30,000]
008 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 34,734 34,734
PROGRAM.
.................................. SUBTOTAL BASIC RESEARCH........... 773,340 994,537
..................................
.................................. APPLIED RESEARCH
010 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 18,961 18,961
011 0602115E BIOMEDICAL TECHNOLOGY............. 106,958 114,658
.................................. Next-Generation Combat Casualty [7,700]
Care.
012 0602128D8Z PROMOTION AND PROTECTION 3,275 3,275
STRATEGIES.
014 0602230D8Z DEFENSE TECHNOLOGY INNOVATION..... 20,634 60,634
.................................. Open radio access networks for [40,000]
next generation wireless
experimentation.
015 0602234D8Z LINCOLN LABORATORY RESEARCH 46,159 46,159
PROGRAM.
016 0602251D8Z APPLIED RESEARCH FOR THE 67,666 67,666
ADVANCEMENT OF S&T PRIORITIES.
017 0602303E INFORMATION & COMMUNICATIONS 388,270 513,270
TECHNOLOGY.
.................................. AI/autonomy to cybersecurity and [30,000]
cyberspace operations challenges.
.................................. National Security Commission on AI [75,000]
recommendations.
.................................. Underexplored systems for utility- [20,000]
scale quantum computing.
018 0602383E BIOLOGICAL WARFARE DEFENSE........ 23,059 23,059
019 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 256,197 256,197
PROGRAM.
020 0602668D8Z CYBER SECURITY RESEARCH........... 17,264 32,264
.................................. Cyber consortium seedling funding. [10,000]
.................................. Program increase--Pacific [5,000]
intelligence and innovation
initiative.
021 0602675D8Z SOCIAL SCIENCES FOR ENVIRONMENTAL 4,000 4,000
SECURITY.
022 0602702E TACTICAL TECHNOLOGY............... 221,883 243,383
.................................. MAD-FIRES......................... [35,000]
.................................. Program reduction................. [-13,500]
023 0602715E MATERIALS AND BIOLOGICAL 352,976 342,776
TECHNOLOGY.
.................................. Reduce growth..................... [-12,500]
.................................. ReVector.......................... [2,300]
024 0602716E ELECTRONICS TECHNOLOGY............ 557,745 557,745
025 0602718BR COUNTER WEAPONS OF MASS 192,162 192,162
DESTRUCTION APPLIED RESEARCH.
026 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 11,030 11,030
(SEI) APPLIED RESEARCH.
027 0602890D8Z HIGH ENERGY LASER RESEARCH........ 48,587 48,587
028 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 49,174 49,174
.................................. SUBTOTAL APPLIED RESEARCH......... 2,386,000 2,585,000
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
029 0603000D8Z JOINT MUNITIONS ADVANCED 34,065 34,065
TECHNOLOGY.
030 0603121D8Z SO/LIC ADVANCED DEVELOPMENT....... 4,919 4,919
031 0603122D8Z COMBATING TERRORISM TECHNOLOGY 72,614 92,614
SUPPORT.
.................................. United States-Israel Cooperation [15,000]
to Counter Unmanned Aerial
Systems.
.................................. VTOL Loitering Munition (ROC-X)... [5,000]
032 0603133D8Z FOREIGN COMPARATIVE TESTING....... 26,802 26,802
034 0603160BR COUNTER WEAPONS OF MASS 395,721 395,721
DESTRUCTION ADVANCED TECHNOLOGY
DEVELOPMENT.
035 0603176BR ADVANCED CONCEPTS AND PERFORMANCE 6,505 6,505
ASSESSMENT.
036 0603176C ADVANCED CONCEPTS AND PERFORMANCE 16,737 16,737
ASSESSMENT.
037 0603180C ADVANCED RESEARCH................. 22,023 40,023
.................................. Benzoxazine High-Mach System [4,000]
Thermal Protection.
.................................. High Temperature Nickel Based [4,000]
Alloy research.
.................................. Sounding Rocket Testbed Technology [10,000]
Maturation Tests.
038 0603183D8Z JOINT HYPERSONIC TECHNOLOGY 52,156 55,156
DEVELOPMENT &TRANSITION.
.................................. Accelerate co-development of key [3,000]
partner programs.
039 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 18,898 18,898
DEVELOPMENT.
040 0603286E ADVANCED AEROSPACE SYSTEMS........ 253,135 350,435
.................................. GlideBreaker...................... [20,000]
.................................. OpFires........................... [42,300]
.................................. Tactical Boost Glide (TBG)........ [35,000]
041 0603287E SPACE PROGRAMS AND TECHNOLOGY..... 81,888 81,888
042 0603288D8Z ANALYTIC ASSESSMENTS.............. 24,052 24,052
043 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 53,890 61,390
CONCEPTS.
.................................. Emerging opportunities............ [7,500]
046 0603338D8Z DEFENSE MODERNIZATION AND 141,561 141,561
PROTOTYPING.
047 0603342D8Z DEFENSE INNOVATION UNIT (DIU)..... 42,925 87,925
.................................. National Security Innovation [15,000]
Capital program increase.
.................................. Program increase.................. [25,000]
.................................. Small craft electric propulsion... [5,000]
048 0603375D8Z TECHNOLOGY INNOVATION............. 109,535 309,535
.................................. Accelerating quantum applications. [100,000]
.................................. Domestic Supply Chain for [100,000]
Microelectronics Critical Element
Production.
049 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 238,407 233,262
PROGRAM--ADVANCED DEVELOPMENT.
.................................. Biological Defense Vaccines and [5,000]
Advanced Therapeutics.
.................................. Poor justification................ [-10,145]
050 0603527D8Z RETRACT LARCH..................... 79,493 79,493
051 0603618D8Z JOINT ELECTRONIC ADVANCED 19,218 19,218
TECHNOLOGY.
052 0603648D8Z JOINT CAPABILITY TECHNOLOGY 114,100 114,100
DEMONSTRATIONS.
053 0603662D8Z NETWORKED COMMUNICATIONS 3,168 3,168
CAPABILITIES.
054 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 256,142 743,142
AND TECHNOLOGY PROGRAM.
.................................. Advanced textiles................. [10,000]
.................................. Artificial intelligence for [3,000]
predictive maintenance.
.................................. BioMADE........................... [30,000]
.................................. Biotechnology Manufacturing [300,000]
Institutes.
.................................. CPF--Future Nano and Micro- [4,000]
Fabrication - Advanced Materials
Engineering Research Institute.
.................................. CPF--Manufacturing of Advanced [4,000]
Composites for Hypersonics -
Aided by Digital Engineering.
.................................. CPF--Scalable comprehensive [4,000]
workforce readiness initiatives
in bioindustrial manufacturing
that lead to regional bioeconomic
transformation and growth.
.................................. HPC-enabled advanced manufacturing [25,000]
.................................. Increase production capacity for [12,000]
hypersonics.
.................................. Internet of things and operational [5,000]
technology asset identification
and management.
.................................. New bioproducts................... [10,000]
.................................. Robotics supply chain research.... [15,000]
.................................. Silicon carbide matrix materials [50,000]
for hypersonics.
.................................. Tools and methods to improve [15,000]
biomanufacturing.
055 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 46,166 49,166
.................................. AI-based market research.......... [3,000]
056 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 13,663 13,663
DEMONSTRATIONS.
057 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 58,411 63,411
PROGRAM.
.................................. SERDP- PFAS remediation [5,000]
technologies.
058 0603720S MICROELECTRONICS TECHNOLOGY 139,833 139,833
DEVELOPMENT AND SUPPORT.
059 0603727D8Z JOINT WARFIGHTING PROGRAM......... 2,411 2,411
060 0603739E ADVANCED ELECTRONICS TECHNOLOGIES. 250,917 250,917
061 0603760E COMMAND, CONTROL AND 305,050 315,050
COMMUNICATIONS SYSTEMS.
.................................. DARPA LogX advanced supply chain [10,000]
mapping.
062 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 678,562 853,562
.................................. Assault Breaker II................ [120,000]
.................................. Classified program................ [15,000]
.................................. DARPA network-centric warfare [20,000]
technology.
.................................. Non-kinetic/cyber modeling and [20,000]
simulation.
063 0603767E SENSOR TECHNOLOGY................. 314,502 314,502
064 0603769D8Z DISTRIBUTED LEARNING ADVANCED 201 201
TECHNOLOGY DEVELOPMENT.
065 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.... 13,417 13,417
066 0603924D8Z HIGH ENERGY LASER ADVANCED 111,149 111,149
TECHNOLOGY PROGRAM.
067 0603941D8Z TEST & EVALUATION SCIENCE & 315,090 350,090
TECHNOLOGY.
.................................. Program increase.................. [35,000]
068 0603950D8Z NATIONAL SECURITY INNOVATION 22,028 42,028
NETWORK.
.................................. Mission acceleration centers...... [20,000]
069 0604055D8Z OPERATIONAL ENERGY CAPABILITY 180,170 179,290
IMPROVEMENT.
.................................. Excess growth..................... [-10,880]
.................................. Program increase for tristructural- [10,000]
isotropic fuel.
072 1160402BB SOF ADVANCED TECHNOLOGY 118,877 125,877
DEVELOPMENT.
.................................. Next Generation ISR SOF [7,000]
Enhancement/ Technical Support
Systems.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 4,638,401 5,765,176
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
074 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 41,507 41,507
SECURITY EQUIPMENT RDT&E ADC&P.
075 0603600D8Z WALKOFF........................... 133,795 133,795
076 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 84,638 93,638
CERTIFICATION PROGRAM.
.................................. ESTCP--PFAS Disposal.............. [5,000]
.................................. ESTCP--PFAS free fire fighting [1,000]
turnout gear.
.................................. Sustainable Technology Evaluation [3,000]
and Demonstration program.
077 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 190,216 190,216
DEFENSE SEGMENT.
078 0603882C BALLISTIC MISSILE DEFENSE 667,524 667,524
MIDCOURSE DEFENSE SEGMENT.
079 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 291,364 252,010
PROGRAM--DEM/VAL.
.................................. Poor justification................ [-39,354]
080 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 231,134 231,134
081 0603890C BMD ENABLING PROGRAMS............. 591,847 591,847
082 0603891C SPECIAL PROGRAMS--MDA............. 316,977 316,977
083 0603892C AEGIS BMD......................... 600,072 600,072
084 0603896C BALLISTIC MISSILE DEFENSE COMMAND 589,374 589,374
AND CONTROL, BATTLE MANAGEMENT
AND COMMUNICATI.
085 0603898C BALLISTIC MISSILE DEFENSE JOINT 50,269 50,269
WARFIGHTER SUPPORT.
086 0603904C MISSILE DEFENSE INTEGRATION & 49,367 49,367
OPERATIONS CENTER (MDIOC).
087 0603906C REGARDING TRENCH.................. 12,146 12,146
088 0603907C SEA BASED X-BAND RADAR (SBX)...... 164,668 164,668
089 0603913C ISRAELI COOPERATIVE PROGRAMS...... 300,000 300,000
090 0603914C BALLISTIC MISSILE DEFENSE TEST.... 367,824 367,824
091 0603915C BALLISTIC MISSILE DEFENSE TARGETS. 559,513 619,513
.................................. Advanced Reactive Target [20,000]
Simulation Development.
.................................. Hypersonic Maneuvering Extended [40,000]
Range (HMER) Target System.
092 0603923D8Z COALITION WARFARE................. 11,154 11,154
093 0604011D8Z NEXT GENERATION INFORMATION 249,591 329,591
COMMUNICATIONS TECHNOLOGY (5G).
.................................. 5G experimentation, transition, [80,000]
and ORAN activities.
094 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,166 3,166
PROGRAM.
095 0604102C GUAM DEFENSE DEVELOPMENT.......... 397,936 397,936
096 0604115C TECHNOLOGY MATURATION INITIATIVES. 7,000
.................................. Diode-Pumped Alkali Laser (DPAL) [7,000]
development.
097 0604124D8Z CHIEF DIGITAL AND ARTIFICIAL 33,950 33,950
INTELLIGENCE OFFICER (CDAO)--MIP.
099 0604181C HYPERSONIC DEFENSE................ 225,477 517,977
.................................. MDA UFR--Glide phase defense [292,500]
weapons systems.
100 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 1,145,358 1,182,622
.................................. Cost overestimation--mission [-49,236]
support expenses.
.................................. INDOPACOM UFR--Sea Urchin powered [30,000]
quickstrike mines.
.................................. INDOPACOM UFR--SIGINT upgrades.... [9,500]
.................................. Program increase.................. [40,000]
.................................. Program increase--pele mobile [7,000]
nuclear microreactor.
101 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 647,226 672,226
.................................. Program increase--radiation- [20,000]
hardened fully-depleted silicon-
on-insulator microelectronics.
.................................. Trusted & Assured Microelectronics [5,000]
102 0604331D8Z RAPID PROTOTYPING PROGRAM......... 179,189 179,189
103 0604341D8Z DEFENSE INNOVATION UNIT (DIU) 24,402 24,402
PROTOTYPING.
104 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 2,691 2,691
UNMANNED SYSTEM COMMON
DEVELOPMENT.
105 0604551BR CATAPULT.......................... 7,130 7,130
106 0604555D8Z OPERATIONAL ENERGY CAPABILITY 45,779 45,779
IMPROVEMENT--NON S&T.
108 0604682D8Z WARGAMING AND SUPPORT FOR 3,229 3,229
STRATEGIC ANALYSIS (SSA).
109 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 40,699 44,699
INTEGRATION AND INTEROPERABILITY
ASSESSMENTS.
.................................. Excess to need.................... [-5,000]
.................................. JADC2 experimentation............. [9,000]
110 0604873C LONG RANGE DISCRIMINATION RADAR 75,120 75,120
(LRDR).
111 0604874C IMPROVED HOMELAND DEFENSE 1,833,357 1,833,357
INTERCEPTORS.
112 0604876C BALLISTIC MISSILE DEFENSE TERMINAL 69,762 69,762
DEFENSE SEGMENT TEST.
113 0604878C AEGIS BMD TEST.................... 182,776 175,619
.................................. Excess growth..................... [-7,157]
114 0604879C BALLISTIC MISSILE DEFENSE SENSOR 88,326 88,326
TEST.
115 0604880C LAND-BASED SM-3 (LBSM3)........... 27,678 27,678
116 0604887C BALLISTIC MISSILE DEFENSE 84,075 84,075
MIDCOURSE SEGMENT TEST.
117 0202057C SAFETY PROGRAM MANAGEMENT......... 2,417 2,417
118 0300206R ENTERPRISE INFORMATION TECHNOLOGY 2,664 2,664
SYSTEMS.
120 0305103C CYBER SECURITY INITIATIVE......... 1,165 1,165
123 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 129,957 129,957
SPACE PROGRAMS.
276 0604795D8Z ACCELERATE PROCUREMENT AND 100,000
FIELDING OF INNOVATIVE
TECHNOLOGIES (APFIT).
.................................. Realignment of funds.............. [100,000]
.................................. SUBTOTAL ADVANCED COMPONENT 10,756,509 11,324,762
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
124 0604123D8Z CHIEF DIGITAL AND ARTIFICIAL 273,340 273,340
INTELLIGENCE OFFICER (CDAO)--DEM/
VAL ACTIVITIES.
125 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 6,482 6,482
SECURITY EQUIPMENT RDT&E SDD.
127 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 312,148 309,073
PROGRAM--EMD.
.................................. Poor justification................ [-3,075]
128 0604771D8Z JOINT TACTICAL INFORMATION 9,120 9,120
DISTRIBUTION SYSTEM (JTIDS).
129 0605000BR COUNTER WEAPONS OF MASS 14,403 14,403
DESTRUCTION SYSTEMS DEVELOPMENT.
130 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 1,244 1,244
131 0605021SE HOMELAND PERSONNEL SECURITY 6,191 6,191
INITIATIVE.
132 0605022D8Z DEFENSE EXPORTABILITY PROGRAM..... 10,145 10,145
133 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 5,938 5,938
136 0605080S DEFENSE AGENCY INITIATIVES (DAI)-- 23,171 23,171
FINANCIAL SYSTEM.
137 0605141BR MISSION ASSURANCE RISK MANAGEMENT 14,093 14,093
SYSTEM (MARMS).
138 0605210D8Z DEFENSE-WIDE ELECTRONIC 6,949 6,949
PROCUREMENT CAPABILITIES.
139 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 302,963 302,963
140 0605772D8Z NUCLEAR COMMAND, CONTROL, & 3,758 3,758
COMMUNICATIONS.
141 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 8,121 8,121
MANAGEMENT (EEIM).
142 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 16,048 16,048
AND DEMONSTRATION.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 1,014,114 1,011,039
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
143 0603829J JOINT CAPABILITY EXPERIMENTATION.. 12,452 12,452
144 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 8,902 8,902
(DRRS).
145 0604875D8Z JOINT SYSTEMS ARCHITECTURE 6,610 6,610
DEVELOPMENT.
146 0604940D8Z CENTRAL TEST AND EVALUATION 819,358 1,094,358
INVESTMENT DEVELOPMENT (CTEIP).
.................................. Program increase.................. [275,000]
147 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 4,607 4,607
148 0605001E MISSION SUPPORT................... 86,869 86,869
149 0605100D8Z JOINT MISSION ENVIRONMENT TEST 126,079 151,079
CAPABILITY (JMETC).
.................................. Joint Mission Environment......... [25,000]
150 0605126J JOINT INTEGRATED AIR AND MISSILE 53,278 53,278
DEFENSE ORGANIZATION (JIAMDO).
152 0605142D8Z SYSTEMS ENGINEERING............... 39,009 39,009
153 0605151D8Z STUDIES AND ANALYSIS SUPPORT--OSD. 5,716 5,716
154 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 15,379 15,379
155 0605170D8Z SUPPORT TO NETWORKS AND 9,449 9,449
INFORMATION INTEGRATION.
156 0605200D8Z GENERAL SUPPORT TO 6,112 6,112
OUSD(INTELLIGENCE AND SECURITY).
157 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 124,475 124,475
PROGRAM.
158 0605502BP SMALL BUSINESS INNOVATIVE 5,100
RESEARCH--CHEMICAL BIOLOGICAL DEF.
.................................. Operational Rapid Multi-Pathogen [5,100]
Diagnostic Tool.
165 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 3,820 3,820
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
166 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE.. 35,414 35,414
167 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 56,114 56,114
168 0605801KA DEFENSE TECHNICAL INFORMATION 63,184 63,184
CENTER (DTIC).
169 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 23,757 23,757
TESTING AND EVALUATION.
170 0605804D8Z DEVELOPMENT TEST AND EVALUATION... 26,652 26,652
171 0605898E MANAGEMENT HQ--R&D................ 14,636 14,636
172 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 3,518 3,518
INFORMATION CENTER (DTIC).
173 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.... 15,244 15,244
174 0606114D8Z ANALYSIS WORKING GROUP (AWG) 4,700 4,700
SUPPORT.
175 0606135D8Z CHIEF DIGITAL AND ARTIFICIAL 13,132 13,132
INTELLIGENCE OFFICER (CDAO)
ACTIVITIES.
176 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 3,323 3,323
ANALYSIS.
177 0606300D8Z DEFENSE SCIENCE BOARD............. 2,532 2,532
179 0606771D8Z CYBER RESILIENCY AND CYBERSECURITY 32,306 32,306
POLICY.
180 0606853BR MANAGEMENT, TECHNICAL & 12,354 12,354
INTERNATIONAL SUPPORT.
181 0203345D8Z DEFENSE OPERATIONS SECURITY 3,034 3,034
INITIATIVE (DOSI).
182 0204571J JOINT STAFF ANALYTICAL SUPPORT.... 4,332 4,332
183 0208045K C4I INTEROPERABILITY.............. 69,698 69,698
189 0305172K COMBINED ADVANCED APPLICATIONS.... 16,171 16,171
191 0305208K DISTRIBUTED COMMON GROUND/SURFACE 3,072 3,072
SYSTEMS.
192 0804768J COCOM EXERCISE ENGAGEMENT AND 37,852 37,852
TRAINING TRANSFORMATION (CE2T2)--
NON-MHA.
193 0808709SE DEFENSE EQUAL OPPORTUNITY 716 716
MANAGEMENT INSTITUTE (DEOMI).
194 0901598C MANAGEMENT HQ--MDA................ 25,259 25,259
195 0903235K JOINT SERVICE PROVIDER (JSP)...... 3,141 3,141
9999 9999999999 CLASSIFIED PROGRAMS............... 37,841 37,841
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,830,097 2,135,197
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
200 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 588,094 610,094
SUSTAINMENT SUPPORT.
.................................. Carbon/carbon industrial base [3,000]
enhancement.
.................................. CPF--Critical Non-Destructive [2,000]
Inspection and Training for Key
U.S. National Defense Interests
through College of the Canyons
Advanced Technology Center.
.................................. CPF--Partnerships for [4,000]
Manufacturing Training Innovation.
.................................. Precision optics manufacturing.... [5,000]
.................................. RF microelectronics supply chain.. [8,000]
201 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS 15,427 15,427
DEVELOPMENT.
202 0607327T GLOBAL THEATER SECURITY 8,317 8,317
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
203 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 68,030 68,030
(OPERATIONAL SYSTEMS DEVELOPMENT).
209 0302019K DEFENSE INFO INFRASTRUCTURE 19,145 19,145
ENGINEERING AND INTEGRATION.
210 0303126K LONG-HAUL COMMUNICATIONS--DCS..... 13,195 13,195
211 0303131K MINIMUM ESSENTIAL EMERGENCY 5,746 5,746
COMMUNICATIONS NETWORK (MEECN).
212 0303136G KEY MANAGEMENT INFRASTRUCTURE 92,018 92,018
(KMI).
213 0303140D8Z INFORMATION SYSTEMS SECURITY 43,135 63,135
PROGRAM.
.................................. NSA CAE Cybersecurity Workforce [20,000]
pilot program.
214 0303140G INFORMATION SYSTEMS SECURITY 593,831 593,831
PROGRAM.
215 0303140K INFORMATION SYSTEMS SECURITY 7,005 7,005
PROGRAM.
216 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 10,020 10,020
217 0303153K DEFENSE SPECTRUM ORGANIZATION..... 19,708 19,708
221 0303430V FEDERAL INVESTIGATIVE SERVICES 5,197 5,197
INFORMATION TECHNOLOGY.
226 0305104D8Z DEFENSE INDUSTRIAL BASE (DIB) 10,000 10,000
CYBER SECURITY INITIATIVE.
229 0305128V SECURITY AND INVESTIGATIVE 450 450
ACTIVITIES.
230 0305133V INDUSTRIAL SECURITY ACTIVITIES.... 1,800 1,800
233 0305146V DEFENSE JOINT COUNTERINTELLIGENCE 4,622 4,622
ACTIVITIES.
234 0305172D8Z COMBINED ADVANCED APPLICATIONS.... 49,380 49,380
237 0305186D8Z POLICY R&D PROGRAMS............... 6,214 6,214
238 0305199D8Z NET CENTRICITY.................... 17,917 17,917
240 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 6,095 6,095
SYSTEMS.
246 0305245D8Z INTELLIGENCE CAPABILITIES AND 4,575 4,575
INNOVATION INVESTMENTS.
247 0305251K CYBERSPACE OPERATIONS FORCES AND 2,497 2,497
FORCE SUPPORT.
248 0305327V INSIDER THREAT.................... 9,403 9,403
249 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 1,864 1,864
TRANSFER PROGRAM.
257 0708012K LOGISTICS SUPPORT ACTIVITIES...... 1,620 1,620
258 0708012S PACIFIC DISASTER CENTERS.......... 1,875 1,875
259 0708047S DEFENSE PROPERTY ACCOUNTABILITY 3,264 3,264
SYSTEM.
261 1105219BB MQ-9 UAV.......................... 14,000 29,840
.................................. MQ-9 Mallett reprogramming........ [5,840]
.................................. Speed Loader Agile POD............ [10,000]
263 1160403BB AVIATION SYSTEMS.................. 179,499 179,499
264 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 75,136 75,136
265 1160408BB OPERATIONAL ENHANCEMENTS.......... 142,900 168,810
.................................. Artificial intelligence for Small [15,000]
Unit Maneuver (AISUM).
.................................. CPF--Intercept, Collect, Analyze, [2,300]
and Disrupt (ICAD) Application.
.................................. SOCOM UFR--Switchblade shipboard [8,610]
safety cert.
266 1160431BB WARRIOR SYSTEMS................... 129,133 146,860
.................................. Counter Unmanned Systems (CUxS) [5,400]
Procurement Acceleration.
.................................. Maritime Scalable Effects (MSE) [2,397]
Electronic Warfare System
Acceleration.
.................................. SOCOM UFR--Ground organic [9,930]
precision strike systems.
267 1160432BB SPECIAL PROGRAMS.................. 518 518
268 1160434BB UNMANNED ISR...................... 3,354 3,354
269 1160480BB SOF TACTICAL VEHICLES............. 13,594 13,594
270 1160483BB MARITIME SYSTEMS.................. 82,645 112,645
.................................. Dry Combat Submersible (DCS) Next [30,000]
Acceleration.
272 1160490BB OPERATIONAL ENHANCEMENTS 7,583 7,583
INTELLIGENCE.
273 1203610K TELEPORT PROGRAM.................. 1,270 1,270
9999 9999999999 CLASSIFIED PROGRAMS............... 7,854,604 7,854,604
.................................. SUBTOTAL OPERATIONAL SYSTEMS 10,114,680 10,246,157
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
274 0608197V NATIONAL BACKGROUND INVESTIGATION 132,524 132,524
SERVICES--SOFTWARE PILOT PROGRAM.
275 0608648D8Z ACQUISITION VISIBILITY--SOFTWARE 17,123 17,123
PILOT PROGRAM.
276 0608775D8Z ACCELERATE THE PROCUREMENT AND 100,000 0
FIELDING OF INNOVATIVE
TECHNOLOGIES (APFIT).
.................................. Realignment of funds.............. [-100,000]
277 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 34,987 34,987
282 0308609V NATIONAL INDUSTRIAL SECURITY 14,749 14,749
SYSTEMS (NISS)--SOFTWARE PILOT
PROGRAM.
9999 9999999999 CLASSIFIED PROGRAMS............... 265,028 265,028
.................................. SUBTOTAL SOFTWARE AND DIGITAL 564,411 464,411
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED..................... 849,931
.................................. Inflation effects................. [849,931]
.................................. SUBTOTAL UNDISTRIBUTED............ 849,931
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 32,077,552 35,376,210
& EVAL, DW.
..................................
.................................. OPERATIONAL TEST & EVAL, DEFENSE
.................................. MANAGEMENT SUPPORT
001 0605118OTE OPERATIONAL TEST AND EVALUATION... 119,529 119,529
002 0605131OTE LIVE FIRE TEST AND EVALUATION..... 99,947 99,947
003 0605814OTE OPERATIONAL TEST ACTIVITIES AND 57,718 57,718
ANALYSES.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 277,194 277,194
..................................
.................................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED..................... 9,485
.................................. Inflation effects................. [9,485]
.................................. SUBTOTAL UNDISTRIBUTED............ 9,485
..................................
.................................. TOTAL OPERATIONAL TEST & EVAL, 277,194 286,679
DEFENSE.
..................................
.................................. TOTAL RDT&E....................... 130,097,410 138,862,616
----------------------------------------------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2023 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 4,506,811 4,376,811
Program decrease.......... [-130,000]
020 MODULAR SUPPORT BRIGADES...... 177,136 177,136
030 ECHELONS ABOVE BRIGADE........ 894,629 879,629
Unjustified growth........ [-15,000]
040 THEATER LEVEL ASSETS.......... 2,570,949 2,569,449
Increase for Army Caisson [5,000]
platoon facility
improvements..............
Program decrease.......... [-6,500]
050 LAND FORCES OPERATIONS SUPPORT 1,184,230 1,144,230
Program decrease.......... [-40,000]
060 AVIATION ASSETS............... 2,220,817 2,185,817
Program decrease.......... [-35,000]
070 FORCE READINESS OPERATIONS 7,366,299 7,393,698
SUPPORT......................
Army UFR--Arctic OCIE for [32,500]
Alaska bases, Fort Drum,
Fort Carson...............
Army UFR--female/small [32,500]
stature body armor........
Army UFR--initial issue of [8,999]
Extended Cold Weather
Clothing System Layer 1
and 2.....................
Program decrease.......... [-50,000]
Service Tactical SIGINT [3,400]
Upgrades--INDOPACOM UPL...
080 LAND FORCES SYSTEMS READINESS. 483,683 483,683
090 LAND FORCES DEPOT MAINTENANCE. 1,399,173 1,399,173
100 MEDICAL READINESS............. 897,522 897,522
110 BASE OPERATIONS SUPPORT....... 9,330,325 9,286,325
Base Operating Support for [6,000]
AFFF Replacement, mobile
assets and Disposal.......
Program decrease.......... [-50,000]
120 FACILITIES SUSTAINMENT, 4,666,658 5,220,598
RESTORATION & MODERNIZATION..
Increase for Army Caisson [15,000]
platoon facility
improvements..............
Increase for FSRM to 100%. [538,940]
130 MANAGEMENT AND OPERATIONAL 284,483 274,983
HEADQUARTERS.................
Program decrease.......... [-9,500]
140 ADDITIONAL ACTIVITIES......... 450,348 450,348
160 RESET......................... 383,360 383,360
170 US AFRICA COMMAND............. 385,685 445,685
AFRICOM UFR--intelligence, [50,000]
surveillance, and
reconnaissance............
Program increase: [10,000]
USAFRICOM exercise site
surveys...................
180 US EUROPEAN COMMAND........... 359,602 359,602
190 US SOUTHERN COMMAND........... 204,336 208,436
SOUTHCOM enhanced domain [4,100]
awareness.................
200 US FORCES KOREA............... 67,756 67,756
210 CYBERSPACE ACTIVITIES-- 495,066 495,066
CYBERSPACE OPERATIONS........
220 CYBERSPACE ACTIVITIES-- 673,701 673,701
CYBERSECURITY................
230 JOINT CYBER MISSION FORCES.... 178,033 178,033
SUBTOTAL OPERATING FORCES. 39,180,602 39,551,041
MOBILIZATION
240 STRATEGIC MOBILITY............ 434,423 453,213
INDOPACOM UFR--Theater [18,790]
campaigning...............
250 ARMY PREPOSITIONED STOCKS..... 378,494 378,494
260 INDUSTRIAL PREPAREDNESS....... 4,001 4,001
SUBTOTAL MOBILIZATION..... 816,918 835,708
TRAINING AND RECRUITING
270 OFFICER ACQUISITION........... 173,439 173,439
280 RECRUIT TRAINING.............. 78,826 78,826
290 ONE STATION UNIT TRAINING..... 128,117 128,117
300 SENIOR RESERVE OFFICERS 554,992 554,992
TRAINING CORPS...............
310 SPECIALIZED SKILL TRAINING.... 1,115,045 1,115,045
320 FLIGHT TRAINING............... 1,396,392 1,396,392
330 PROFESSIONAL DEVELOPMENT 221,960 221,960
EDUCATION....................
340 TRAINING SUPPORT.............. 717,318 701,318
Program decrease.......... [-16,000]
350 RECRUITING AND ADVERTISING.... 691,053 691,053
360 EXAMINING..................... 192,832 192,832
370 OFF-DUTY AND VOLUNTARY 235,340 235,340
EDUCATION....................
380 CIVILIAN EDUCATION AND 251,378 251,378
TRAINING.....................
390 JUNIOR RESERVE OFFICER 196,088 196,088
TRAINING CORPS...............
SUBTOTAL TRAINING AND 5,952,780 5,936,780
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
410 SERVICEWIDE TRANSPORTATION.... 662,083 655,083
Program decrease.......... [-7,000]
420 CENTRAL SUPPLY ACTIVITIES..... 822,018 822,018
430 LOGISTIC SUPPORT ACTIVITIES... 806,861 794,861
Program decrease.......... [-12,000]
440 AMMUNITION MANAGEMENT......... 483,187 483,187
450 ADMINISTRATION................ 486,154 486,154
460 SERVICEWIDE COMMUNICATIONS.... 1,871,173 1,856,173
Program decrease.......... [-15,000]
470 MANPOWER MANAGEMENT........... 344,668 344,668
480 OTHER PERSONNEL SUPPORT....... 811,999 811,999
490 OTHER SERVICE SUPPORT......... 2,267,280 2,245,280
Program decrease.......... [-22,000]
500 ARMY CLAIMS ACTIVITIES........ 191,912 191,912
510 REAL ESTATE MANAGEMENT........ 288,942 288,942
520 FINANCIAL MANAGEMENT AND AUDIT 410,983 410,983
READINESS....................
530 DEF ACQUISITION WORKFORCE 38,714 38,714
DEVELOPMENT ACCOUNT..........
540 INTERNATIONAL MILITARY 532,377 532,377
HEADQUARTERS.................
550 MISC. SUPPORT OF OTHER NATIONS 35,709 35,709
590A CLASSIFIED PROGRAMS........... 2,113,196 2,113,196
SUBTOTAL ADMINISTRATION 12,167,256 12,111,256
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
600 UNDISTRIBUTED................. 790,692
Foreign currency [-208,000]
fluctuations..............
Inflation effects......... [1,198,692]
Program decrease [-200,000]
unaccounted for...........
SUBTOTAL UNDISTRIBUTED.... 790,692
TOTAL OPERATION & 58,117,556 59,225,477
MAINTENANCE, ARMY........
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES...... 14,404 14,404
020 ECHELONS ABOVE BRIGADE........ 662,104 662,104
030 THEATER LEVEL ASSETS.......... 133,599 133,599
040 LAND FORCES OPERATIONS SUPPORT 646,693 646,693
050 AVIATION ASSETS............... 128,883 128,883
060 FORCE READINESS OPERATIONS 409,994 409,994
SUPPORT......................
070 LAND FORCES SYSTEMS READINESS. 90,595 90,595
080 LAND FORCES DEPOT MAINTENANCE. 44,453 44,453
090 BASE OPERATIONS SUPPORT....... 567,170 567,170
100 FACILITIES SUSTAINMENT, 358,772 403,772
RESTORATION & MODERNIZATION..
Program increase.......... [45,000]
110 MANAGEMENT AND OPERATIONAL 22,112 22,112
HEADQUARTERS.................
120 CYBERSPACE ACTIVITIES-- 2,929 2,929
CYBERSPACE OPERATIONS........
130 CYBERSPACE ACTIVITIES-- 7,382 7,382
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 3,089,090 3,134,090
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
140 SERVICEWIDE TRANSPORTATION.... 18,994 18,994
150 ADMINISTRATION................ 20,670 20,670
160 SERVICEWIDE COMMUNICATIONS.... 31,652 31,652
170 MANPOWER MANAGEMENT........... 6,852 6,852
180 RECRUITING AND ADVERTISING.... 61,246 61,246
SUBTOTAL ADMINISTRATION 139,414 139,414
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
190 UNDISTRIBUTED................. 33,838
Foreign currency [-10,900]
fluctuations..............
Historical unobligated [-18,000]
balances..................
Inflation effects......... [62,738]
SUBTOTAL UNDISTRIBUTED.... 33,838
TOTAL OPERATION & 3,228,504 3,307,342
MAINTENANCE, ARMY RES....
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................ 964,237 975,737
Northern Strike........... [11,500]
020 MODULAR SUPPORT BRIGADES...... 214,191 214,191
030 ECHELONS ABOVE BRIGADE........ 820,752 820,752
040 THEATER LEVEL ASSETS.......... 97,184 97,184
050 LAND FORCES OPERATIONS SUPPORT 54,595 54,595
060 AVIATION ASSETS............... 1,169,826 1,160,826
Unjustified growth........ [-9,000]
070 FORCE READINESS OPERATIONS 722,788 722,788
SUPPORT......................
080 LAND FORCES SYSTEMS READINESS. 46,580 46,580
090 LAND FORCES DEPOT MAINTENANCE. 259,765 259,765
100 BASE OPERATIONS SUPPORT....... 1,151,215 1,151,215
110 FACILITIES SUSTAINMENT, 1,053,996 1,184,385
RESTORATION & MODERNIZATION..
Program increase.......... [130,389]
120 MANAGEMENT AND OPERATIONAL 1,148,286 1,148,286
HEADQUARTERS.................
130 CYBERSPACE ACTIVITIES-- 8,715 8,715
CYBERSPACE OPERATIONS........
140 CYBERSPACE ACTIVITIES-- 8,307 8,307
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 7,720,437 7,853,326
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
150 SERVICEWIDE TRANSPORTATION.... 6,961 6,961
160 ADMINISTRATION................ 73,641 79,441
State Partnership Program. [5,800]
170 SERVICEWIDE COMMUNICATIONS.... 100,389 100,389
180 MANPOWER MANAGEMENT........... 9,231 9,231
190 OTHER PERSONNEL SUPPORT....... 243,491 243,491
200 REAL ESTATE MANAGEMENT........ 3,087 3,087
SUBTOTAL ADMINISTRATION 436,800 442,600
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
210 UNDISTRIBUTED................. 74,698
Foreign currency [-29,000]
fluctuations..............
Inflation effects......... [157,698]
Unobligated balances...... [-54,000]
SUBTOTAL UNDISTRIBUTED.... 74,698
TOTAL OPERATION & 8,157,237 8,370,624
MAINTENANCE, ARNG........
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
010 IRAQ.......................... 358,015 322,204
Unjustified request....... [-35,811]
020 SYRIA......................... 183,677 165,309
Unjustified request....... [-18,368]
SUBTOTAL COUNTER ISIS 541,692 487,513
TRAIN AND EQUIP FUND
(CTEF)....................
UNDISTRIBUTED
030 UNDISTRIBUTED................. 15,413
Inflation effects......... [15,413]
SUBTOTAL UNDISTRIBUTED.... 15,413
TOTAL COUNTER ISIS TRAIN 541,692 502,926
AND EQUIP FUND (CTEF)....
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 7,334,452 7,260,452
OPERATIONS...................
Costs associated with [6,000]
restoring 5 LCS...........
Program decrease.......... [-80,000]
020 FLEET AIR TRAINING............ 2,793,739 2,793,739
030 AVIATION TECHNICAL DATA & 65,248 65,248
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 214,767 214,767
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 1,075,365 1,075,365
060 AIRCRAFT DEPOT MAINTENANCE.... 1,751,737 1,859,137
Aircraft Depot Maintenance [107,100]
Events (Multiple Type/
Model/Series).............
Costs associated with [300]
restoring 5 LCS...........
070 AIRCRAFT DEPOT OPERATIONS 70,319 70,319
SUPPORT......................
080 AVIATION LOGISTICS............ 1,679,193 1,659,193
Historical underexecution. [-20,000]
090 MISSION AND OTHER SHIP 6,454,952 6,624,952
OPERATIONS...................
Costs associated with [10,400]
restoring 5 LCS...........
Navy UFR--ship maintenance [150,000]
in support of INDOPACOM
training and exercises....
Restore USS Ashland....... [14,400]
Restore USS Germantown.... [14,400]
Restore USS Gunston Hall.. [15,400]
Restore USS Tortuga....... [15,400]
Unjustified growth........ [-50,000]
100 SHIP OPERATIONS SUPPORT & 1,183,237 1,183,237
TRAINING.....................
110 SHIP DEPOT MAINTENANCE........ 10,038,261 10,383,061
Costs associated with [90,000]
restoring 5 LCS...........
Navy UFR--ship depot [189,000]
maintenance...............
Restore USS Ashland....... [12,500]
Restore USS Germantown.... [21,400]
Restore USS Gunston Hall.. [12,700]
Restore USS Tortuga....... [12,600]
Restore USS Vicksburg..... [6,600]
120 SHIP DEPOT OPERATIONS SUPPORT. 2,422,095 2,818,495
Restore USS Ashland....... [100,000]
Restore USS Germantown.... [100,000]
Restore USS Gunston Hall.. [100,000]
Restore USS Tortuga....... [67,500]
Restore USS Vicksburg..... [28,900]
130 COMBAT COMMUNICATIONS AND 1,632,824 1,633,324
ELECTRONIC WARFARE...........
INDOPACOM UFR--SIGINT [500]
upgrades..................
140 SPACE SYSTEMS AND SURVEILLANCE 339,103 339,103
150 WARFARE TACTICS............... 881,999 881,999
160 OPERATIONAL METEOROLOGY AND 444,150 444,150
OCEANOGRAPHY.................
170 COMBAT SUPPORT FORCES......... 2,274,710 2,299,777
INDOPACOM UFR--Theater [18,067]
campaigning...............
INDOPACOM UFR: [22,000]
Stormbreaker..............
Program decrease.......... [-15,000]
180 EQUIPMENT MAINTENANCE AND 194,346 194,346
DEPOT OPERATIONS SUPPORT.....
190 CYBER MISSION FORCES.......... 101,049 101,049
200 COMBATANT COMMANDERS CORE 65,893 73,893
OPERATIONS...................
INDOPACOM UFR--Asia [8,000]
Pacific Regional
Initiative................
210 COMBATANT COMMANDERS DIRECT 282,742 316,642
MISSION SUPPORT..............
INDOPACOM UFR--Pacific [2,400]
Movement Coordination
Center....................
INDOPACOM UFR--PMTEC...... [19,000]
MSV--Carolyn Chouest...... [12,500]
230 CYBERSPACE ACTIVITIES......... 477,540 477,540
240 FLEET BALLISTIC MISSILE....... 1,664,076 1,664,076
250 WEAPONS MAINTENANCE........... 1,495,783 1,495,983
Costs associated with [7,200]
restoring 5 LCS...........
Navy UFR--SM-6 expansion [23,000]
of combat usable asset
inventory.................
Program decrease.......... [-30,000]
260 OTHER WEAPON SYSTEMS SUPPORT.. 649,371 649,371
270 ENTERPRISE INFORMATION........ 1,647,834 1,637,834
Unjustified growth........ [-10,000]
280 SUSTAINMENT, RESTORATION AND 3,549,311 3,984,311
MODERNIZATION................
Increase for FSRM to 100%. [435,000]
290 BASE OPERATING SUPPORT........ 5,503,088 5,559,688
Base Operating Support for [16,600]
AFFF Replacement, mobile
assets and Disposal.......
Historical underexecution. [-20,000]
NAS Fallon Range Expansion [60,000]
SUBTOTAL OPERATING FORCES. 56,287,184 57,761,051
MOBILIZATION
300 SHIP PREPOSITIONING AND SURGE. 467,648 526,248
ESD--restore 2 ships...... [58,600]
310 READY RESERVE FORCE........... 683,932 683,932
320 SHIP ACTIVATIONS/INACTIVATIONS 364,096 349,596
Costs associated with [-7,500]
restoring 5 LCS...........
Historical underexecution. [-7,000]
330 EXPEDITIONARY HEALTH SERVICES 133,780 133,780
SYSTEMS......................
340 COAST GUARD SUPPORT........... 21,196 21,196
SUBTOTAL MOBILIZATION..... 1,670,652 1,714,752
TRAINING AND RECRUITING
350 OFFICER ACQUISITION........... 190,578 190,578
360 RECRUIT TRAINING.............. 14,679 14,679
370 RESERVE OFFICERS TRAINING 170,845 170,845
CORPS........................
380 SPECIALIZED SKILL TRAINING.... 1,133,889 1,127,389
Historical underexecution. [-6,500]
390 PROFESSIONAL DEVELOPMENT 334,844 339,144
EDUCATION....................
Navy O&M Training and [4,300]
Recruiting (Sea Cadets)...
400 TRAINING SUPPORT.............. 356,670 356,670
410 RECRUITING AND ADVERTISING.... 204,498 229,798
Navy UFR--Recruiting [25,300]
Command marketing and
advertising...............
420 OFF-DUTY AND VOLUNTARY 89,971 89,971
EDUCATION....................
430 CIVILIAN EDUCATION AND 69,798 69,798
TRAINING.....................
440 JUNIOR ROTC................... 55,194 55,194
SUBTOTAL TRAINING AND 2,620,966 2,644,066
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
450 ADMINISTRATION................ 1,349,966 1,274,966
Program decrease.......... [-75,000]
460 CIVILIAN MANPOWER AND 227,772 227,772
PERSONNEL MANAGEMENT.........
470 MILITARY MANPOWER AND 667,627 637,627
PERSONNEL MANAGEMENT.........
Program decrease.......... [-30,000]
480 MEDICAL ACTIVITIES............ 284,962 284,962
490 DEF ACQUISITION WORKFORCE 62,824 62,824
DEVELOPMENT ACCOUNT..........
500 SERVICEWIDE TRANSPORTATION.... 207,501 207,501
520 PLANNING, ENGINEERING, AND 554,265 539,265
PROGRAM SUPPORT..............
Historical underexecution. [-15,000]
530 ACQUISITION, LOGISTICS, AND 798,473 798,473
OVERSIGHT....................
540 INVESTIGATIVE AND SECURITY 791,059 791,059
SERVICES.....................
720A CLASSIFIED PROGRAMS........... 628,700 628,700
SUBTOTAL ADMINISTRATION 5,573,149 5,453,149
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
730 UNDISTRIBUTED................. 1,048,224
Foreign currency [-263,300]
fluctuations..............
Inflation effects......... [1,431,524]
Unobligated balances...... [-120,000]
SUBTOTAL UNDISTRIBUTED.... 1,048,224
TOTAL OPERATION & 66,151,951 68,621,242
MAINTENANCE, NAVY........
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 1,740,491 1,729,584
INDOPACOM UFR--Theater [14,093]
campaigning...............
Program decrease.......... [-25,000]
020 FIELD LOGISTICS............... 1,699,425 1,685,766
Unjustified growth........ [-13,659]
030 DEPOT MAINTENANCE............. 221,886 221,886
040 MARITIME PREPOSITIONING....... 139,518 139,518
050 CYBER MISSION FORCES.......... 94,199 94,199
060 CYBERSPACE ACTIVITIES......... 194,904 194,904
070 SUSTAINMENT, RESTORATION & 1,292,219 1,454,219
MODERNIZATION................
Program increase.......... [162,000]
080 BASE OPERATING SUPPORT........ 2,699,487 2,680,487
Historical underexecution. [-19,000]
SUBTOTAL OPERATING FORCES. 8,082,129 8,200,563
TRAINING AND RECRUITING
090 RECRUIT TRAINING.............. 23,217 23,217
100 OFFICER ACQUISITION........... 1,268 1,268
110 SPECIALIZED SKILL TRAINING.... 118,638 118,638
120 PROFESSIONAL DEVELOPMENT 64,626 64,626
EDUCATION....................
130 TRAINING SUPPORT.............. 523,603 517,603
Unjustified growth........ [-6,000]
140 RECRUITING AND ADVERTISING.... 225,759 225,759
150 OFF-DUTY AND VOLUNTARY 51,882 51,882
EDUCATION....................
160 JUNIOR ROTC................... 27,660 27,660
SUBTOTAL TRAINING AND 1,036,653 1,030,653
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
170 SERVICEWIDE TRANSPORTATION.... 78,542 78,542
180 ADMINISTRATION................ 401,030 401,030
220A CLASSIFIED PROGRAMS........... 62,590 62,590
SUBTOTAL ADMINISTRATION 542,162 542,162
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
230 UNDISTRIBUTED................. 168,819
Foreign currency [-33,800]
fluctuations..............
Inflation effects......... [222,019]
Unobligated balances...... [-19,400]
SUBTOTAL UNDISTRIBUTED.... 168,819
TOTAL OPERATION & 9,660,944 9,942,197
MAINTENANCE, MARINE CORPS
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 669,533 669,533
OPERATIONS...................
020 INTERMEDIATE MAINTENANCE...... 11,134 11,134
030 AIRCRAFT DEPOT MAINTENANCE.... 164,892 164,892
040 AIRCRAFT DEPOT OPERATIONS 494 494
SUPPORT......................
050 AVIATION LOGISTICS............ 25,843 25,843
060 COMBAT COMMUNICATIONS......... 20,135 20,135
070 COMBAT SUPPORT FORCES......... 131,104 131,104
080 CYBERSPACE ACTIVITIES......... 289 289
090 ENTERPRISE INFORMATION........ 27,189 27,189
100 SUSTAINMENT, RESTORATION AND 44,784 50,784
MODERNIZATION................
Program increase.......... [6,000]
110 BASE OPERATING SUPPORT........ 116,374 116,374
SUBTOTAL OPERATING FORCES. 1,211,771 1,217,771
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
120 ADMINISTRATION................ 1,986 1,986
130 MILITARY MANPOWER AND 12,550 12,550
PERSONNEL MANAGEMENT.........
140 ACQUISITION AND PROGRAM 1,993 1,993
MANAGEMENT...................
SUBTOTAL ADMINISTRATION 16,529 16,529
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
160 UNDISTRIBUTED................. 21,792
Foreign currency [-3,900]
fluctuations..............
Inflation effects......... [29,192]
Unobligated balances...... [-3,500]
SUBTOTAL UNDISTRIBUTED.... 21,792
TOTAL OPERATION & 1,228,300 1,256,092
MAINTENANCE, NAVY RES....
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 109,045 109,045
020 DEPOT MAINTENANCE............. 19,361 19,361
030 SUSTAINMENT, RESTORATION AND 45,430 49,811
MODERNIZATION................
Program increase.......... [4,381]
040 BASE OPERATING SUPPORT........ 118,364 118,364
SUBTOTAL OPERATING FORCES. 292,200 296,581
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
050 ADMINISTRATION................ 12,033 12,033
SUBTOTAL ADMINISTRATION 12,033 12,033
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
060 UNDISTRIBUTED................. 1,595
Foreign currency [-3,900]
fluctuations..............
Inflation effects......... [7,995]
Unobligated balances...... [-2,500]
SUBTOTAL UNDISTRIBUTED.... 1,595
TOTAL OPERATION & 304,233 310,209
MAINTENANCE, MC RESERVE..
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 936,731 975,731
Historical underexecution. [-21,000]
Realignment of funds...... [60,000]
020 COMBAT ENHANCEMENT FORCES..... 2,657,865 2,497,865
Program decrease.......... [-100,000]
Realignment of funds...... [-60,000]
030 AIR OPERATIONS TRAINING (OJT, 1,467,518 1,477,518
MAINTAIN SKILLS).............
Contract Adversary Air.... [10,000]
040 DEPOT PURCHASE EQUIPMENT 4,341,794 4,606,794
MAINTENANCE..................
Historical underexecution. [-35,000]
Increase for Weapon System [300,000]
Sustainment...............
050 FACILITIES SUSTAINMENT, 4,091,088 4,605,088
RESTORATION & MODERNIZATION..
Program increase.......... [514,000]
060 CYBERSPACE SUSTAINMENT........ 130,754 223,054
Air Force UFR--Weapon [82,300]
system sustainment........
PACAF cyber operations for [10,000]
base resilient
architecture..............
070 CONTRACTOR LOGISTICS SUPPORT 8,782,940 8,752,940
AND SYSTEM SUPPORT...........
Historical underexecution. [-30,000]
080 FLYING HOUR PROGRAM........... 5,871,718 5,833,718
Program decrease.......... [-38,000]
090 BASE SUPPORT.................. 10,638,741 10,598,741
Base Operating Support for [10,000]
AFFF Replacement, mobile
assets, and Disposal......
Program decrease.......... [-50,000]
100 GLOBAL C3I AND EARLY WARNING.. 1,035,043 1,033,674
Program decrease--early to [-8,500]
need......................
Technical realignment..... [7,131]
110 OTHER COMBAT OPS SPT PROGRAMS. 1,436,329 1,426,329
Historical underexecution. [-10,000]
120 CYBERSPACE ACTIVITIES......... 716,931 716,931
140 LAUNCH FACILITIES............. 690 690
160 US NORTHCOM/NORAD............. 197,210 197,210
170 US STRATCOM................... 503,419 503,419
180 US CYBERCOM................... 436,807 595,907
Cyber partnership [500]
activities with Jordan....
CYBERCOM UFR--Cyber [136,900]
mission force operational
support...................
CYBERCOM UFR--Joint [11,400]
cyberspace warfighting
architecture..............
Hunt Forward operations... [15,300]
Realignment of funds...... [-5,000]
190 US CENTCOM.................... 331,162 331,162
200 US SOCOM...................... 27,318 27,318
220 CENTCOM CYBERSPACE SUSTAINMENT 1,367 1,367
230 USSPACECOM.................... 329,543 329,543
240 JOINT CYBER MISSION FORCE 186,759 191,759
PROGRAMS.....................
Realignment of funds...... [5,000]
240A CLASSIFIED PROGRAMS........... 1,705,801 1,705,801
SUBTOTAL OPERATING FORCES. 45,827,528 46,632,559
MOBILIZATION
250 AIRLIFT OPERATIONS............ 2,780,616 2,799,533
INDOPACOM Theater [18,917]
Campaigning...............
260 MOBILIZATION PREPAREDNESS..... 721,172 706,172
Historical underexecution. [-15,000]
SUBTOTAL MOBILIZATION..... 3,501,788 3,505,705
TRAINING AND RECRUITING
270 OFFICER ACQUISITION........... 189,721 189,721
280 RECRUIT TRAINING.............. 26,684 26,684
290 RESERVE OFFICERS TRAINING 135,515 135,515
CORPS (ROTC).................
300 SPECIALIZED SKILL TRAINING.... 541,511 541,511
310 FLIGHT TRAINING............... 779,625 779,625
320 PROFESSIONAL DEVELOPMENT 313,556 313,556
EDUCATION....................
330 TRAINING SUPPORT.............. 171,087 171,087
340 RECRUITING AND ADVERTISING.... 197,956 197,956
350 EXAMINING..................... 8,282 8,282
360 OFF-DUTY AND VOLUNTARY 254,907 254,907
EDUCATION....................
370 CIVILIAN EDUCATION AND 355,375 355,375
TRAINING.....................
380 JUNIOR ROTC................... 69,964 69,964
SUBTOTAL TRAINING AND 3,044,183 3,044,183
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
390 LOGISTICS OPERATIONS.......... 1,058,129 1,058,129
400 TECHNICAL SUPPORT ACTIVITIES.. 139,428 139,428
410 ADMINISTRATION................ 1,283,066 1,274,066
Program decrease.......... [-9,000]
420 SERVICEWIDE COMMUNICATIONS.... 33,222 33,222
430 OTHER SERVICEWIDE ACTIVITIES.. 1,790,985 1,790,985
440 CIVIL AIR PATROL.............. 30,526 30,526
460 DEF ACQUISITION WORKFORCE 42,558 42,558
DEVELOPMENT ACCOUNT..........
480 INTERNATIONAL SUPPORT......... 102,065 102,065
480A CLASSIFIED PROGRAMS........... 1,427,764 1,427,764
SUBTOTAL ADMINISTRATION 5,907,743 5,898,743
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
490 UNDISTRIBUTED................. 833,829
Foreign currency [-208,500]
fluctuations..............
Inflation effects......... [1,254,129]
Unobligated balances...... [-211,800]
SUBTOTAL UNDISTRIBUTED.... 833,829
TOTAL OPERATION & 58,281,242 59,915,019
MAINTENANCE, AIR FORCE...
OPERATION & MAINTENANCE, SPACE
FORCE
OPERATING FORCES
010 GLOBAL C3I & EARLY WARNING.... 472,484 472,484
020 SPACE LAUNCH OPERATIONS....... 187,832 187,832
030 SPACE OPERATIONS.............. 695,228 695,228
040 EDUCATION & TRAINING.......... 153,135 153,135
060 DEPOT MAINTENANCE............. 285,863 285,863
070 FACILITIES SUSTAINMENT, 235,253 309,053
RESTORATION & MODERNIZATION..
NORTHCOM UFR--Cheyenne [43,800]
Mountain Complex..........
Program increase.......... [30,000]
080 CONTRACTOR LOGISTICS AND 1,358,565 1,351,565
SYSTEM SUPPORT...............
Program decrease.......... [-7,000]
090 SPACE OPERATIONS -BOS......... 144,937 144,937
090A CLASSIFIED PROGRAMS........... 272,941 272,941
SUBTOTAL OPERATING FORCES. 3,806,238 3,873,038
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
100 ADMINISTRATION................ 228,420 194,687
Technical realignment..... [-33,733]
110 LOGISTICS OPERATIONS.......... 33,733
Technical realignment..... [33,733]
SUBTOTAL ADMINISTRATION 228,420 228,420
AND SERVICE-WIDE
ACTIVITIES................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
120 UNDISTRIBUTED................. 82,920
Foreign currency [-14,100]
fluctuations..............
Inflation effects......... [112,020]
Unobligated balances...... [-15,000]
SUBTOTAL ADMINISTRATION 82,920
AND SERVICE-WIDE
ACTIVITIES................
TOTAL OPERATION & 4,034,658 4,184,378
MAINTENANCE, SPACE FORCE.
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 1,743,908 1,732,908
Unjustified growth........ [-11,000]
020 MISSION SUPPORT OPERATIONS.... 193,568 193,568
030 DEPOT PURCHASE EQUIPMENT 493,664 507,764
MAINTENANCE..................
Air Force UFR--Weapon [14,100]
system sustainment........
040 FACILITIES SUSTAINMENT, 133,782 150,782
RESTORATION & MODERNIZATION..
Program increase.......... [17,000]
050 CONTRACTOR LOGISTICS SUPPORT 341,724 341,724
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 522,195 522,195
070 CYBERSPACE ACTIVITIES......... 1,706 1,706
SUBTOTAL OPERATING FORCES. 3,430,547 3,450,647
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
080 ADMINISTRATION................ 102,038 102,038
090 RECRUITING AND ADVERTISING.... 9,057 9,057
100 MILITARY MANPOWER AND PERS 14,896 14,896
MGMT (ARPC)..................
110 OTHER PERS SUPPORT (DISABILITY 7,544 7,544
COMP)........................
120 AUDIOVISUAL................... 462 462
SUBTOTAL ADMINISTRATION 133,997 133,997
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
130 UNDISTRIBUTED................. 27,565
Foreign currency [-12,500]
fluctuations..............
Inflation effects......... [65,065]
Unobligated balances...... [-25,000]
SUBTOTAL UNDISTRIBUTED.... 27,565
TOTAL OPERATION & 3,564,544 3,612,209
MAINTENANCE, AF RESERVE..
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS........... 2,301,784 2,301,784
020 MISSION SUPPORT OPERATIONS.... 587,793 587,793
030 DEPOT PURCHASE EQUIPMENT 1,193,699 1,253,699
MAINTENANCE..................
Air Force UFR--Weapon [60,000]
system sustainment........
040 FACILITIES SUSTAINMENT, 437,042 492,042
RESTORATION & MODERNIZATION..
Increase for FSRM to 100%. [55,000]
050 CONTRACTOR LOGISTICS SUPPORT 1,284,264 1,269,264
AND SYSTEM SUPPORT...........
Unjustified growth........ [-15,000]
060 BASE SUPPORT.................. 967,169 967,169
070 CYBERSPACE SUSTAINMENT........ 12,661 12,661
080 CYBERSPACE ACTIVITIES......... 15,886 15,886
SUBTOTAL OPERATING FORCES. 6,800,298 6,900,298
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
090 ADMINISTRATION................ 52,075 54,375
State Partnership Program. [2,300]
100 RECRUITING AND ADVERTISING.... 48,306 48,306
SUBTOTAL ADMINISTRATION 100,381 102,681
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
110 UNDISTRIBUTED................. 115,263
Foreign currency [-24,300]
fluctuations..............
Inflation effects......... [149,563]
Unobligated balances...... [-10,000]
SUBTOTAL UNDISTRIBUTED.... 115,263
TOTAL OPERATION & 6,900,679 7,118,242
MAINTENANCE, ANG.........
OPERATION AND MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 445,366 437,366
Unjustified growth........ [-8,000]
020 JOINT CHIEFS OF STAFF--CYBER.. 9,887 9,887
030 JOINT CHIEFS OF STAFF--JTEEP.. 679,336 661,336
Program decrease.......... [-18,000]
040 OFFICE OF THE SECRETARY OF 246,259 273,759
DEFENSE--MISO................
INDOPACOM UFR--Information [27,500]
operations................
050 SPECIAL OPERATIONS COMMAND 2,056,291 2,056,291
COMBAT DEVELOPMENT ACTIVITIES
060 SPECIAL OPERATIONS COMMAND 39,178 39,178
CYBERSPACE ACTIVITIES........
070 SPECIAL OPERATIONS COMMAND 1,513,025 1,523,425
INTELLIGENCE.................
Counter Unmanned Systems [10,400]
(CUxS) Procurement
Acceleration..............
080 SPECIAL OPERATIONS COMMAND 1,207,842 1,247,493
MAINTENANCE..................
Advanced Engine [3,000]
Performance and
Restoration Program
(Nucleated Foam)..........
C-130J Power by the Hour [21,620]
(PBTH) CLS................
Combatant Craft Medium [4,250]
(CCM) Loss Refurbishment..
Counter Unmanned Systems [5,353]
(CUxS) Procurement
Acceleration..............
Maintenance............... [-5,000]
MQ-9 Mallett reprogramming [-5,840]
Program increase.......... [5,000]
Program increase-- [11,268]
multispectral personal
signature management......
090 SPECIAL OPERATIONS COMMAND 196,271 196,271
MANAGEMENT/OPERATIONAL
HEADQUARTERS.................
100 SPECIAL OPERATIONS COMMAND 1,299,309 1,328,909
OPERATIONAL SUPPORT..........
Advana Authoritative Data [8,000]
Management and Analytics..
Enterprise Data [18,000]
Stewardship Program.......
Identity and Signature [3,600]
Management Modernization..
110 SPECIAL OPERATIONS COMMAND 3,314,770 3,351,761
THEATER FORCES...............
Combat Aviation Advisor [18,000]
mission support...........
INDOPACOM UFR: Theater [9,034]
Campaigning...............
Special Operations support [4,246]
to irregular warfare......
Tactical Mission Network [5,711]
Digital Force Protection..
SUBTOTAL OPERATING FORCES. 11,007,534 11,125,676
TRAINING AND RECRUITING
120 DEFENSE ACQUISITION UNIVERSITY 176,454 176,454
130 JOINT CHIEFS OF STAFF......... 101,492 101,492
140 SPECIAL OPERATIONS COMMAND/ 35,279 35,279
PROFESSIONAL DEVELOPMENT
EDUCATION....................
SUBTOTAL TRAINING AND 313,225 313,225
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
150 CIVIL MILITARY PROGRAMS....... 139,656 273,156
National Guard Youth [83,500]
Challenge.................
STARBASE.................. [50,000]
170 DEFENSE CONTRACT AUDIT AGENCY. 646,072 636,072
Program decrease.......... [-10,000]
180 DEFENSE CONTRACT AUDIT AGENCY-- 4,107 4,107
CYBER........................
190 DEFENSE CONTRACT MANAGEMENT 1,506,300 1,491,300
AGENCY.......................
Program decrease.......... [-15,000]
200 DEFENSE CONTRACT MANAGEMENT 29,127 29,127
AGENCY--CYBER................
210 DEFENSE COUNTERINTELLIGENCE 983,133 983,133
AND SECURITY AGENCY..........
230 DEFENSE COUNTERINTELLIGENCE 10,245 10,245
AND SECURITY AGENCY--CYBER...
240 DEFENSE HUMAN RESOURCES 935,241 932,241
ACTIVITY.....................
National Language [6,000]
Fellowship Add............
Program decrease.......... [-9,000]
250 DEFENSE HUMAN RESOURCES 26,113 26,113
ACTIVITY--CYBER..............
260 DEFENSE INFORMATION SYSTEMS 2,266,729 2,249,729
AGENCY.......................
Unobligated balances...... [-17,000]
270 DEFENSE INFORMATION SYSTEMS 643,643 643,643
AGENCY--CYBER................
300 DEFENSE LEGAL SERVICES AGENCY. 233,687 233,687
310 DEFENSE LOGISTICS AGENCY...... 429,060 422,560
Unobligated balances...... [-6,500]
320 DEFENSE MEDIA ACTIVITY........ 243,631 236,131
Program decrease.......... [-7,500]
330 DEFENSE POW/MIA OFFICE........ 150,021 150,021
340 DEFENSE SECURITY COOPERATION 2,445,669 2,274,134
AGENCY.......................
International Security [198,465]
Cooperation Programs......
Program adjustment--Border [-75,000]
Security..................
Program adjustment-- [-5,000]
Coalition Support Funds...
Program increase: [10,000]
Irregular Warfare
Functional Center.........
Transfer to Ukraine [-300,000]
Security Assistance
Initiative................
350 DEFENSE TECHNOLOGY SECURITY 40,063 40,063
ADMINISTRATION...............
360 DEFENSE THREAT REDUCTION 941,763 941,763
AGENCY.......................
380 DEFENSE THREAT REDUCTION 56,052 56,052
AGENCY--CYBER................
390 DEPARTMENT OF DEFENSE 3,276,276 3,346,276
EDUCATION ACTIVITY...........
Department of Defense [20,000]
Education Activity (Impact
Aid Students with
Disabilities).............
Department of Defense [50,000]
Education Activity (Impact
Aid)......................
400 MISSILE DEFENSE AGENCY........ 541,787 541,787
430 OFFICE OF THE LOCAL DEFENSE 108,697 128,697
COMMUNITY COOPERATION........
Defense Community [20,000]
Infrastructure Program....
440 OFFICE OF THE SECRETARY OF 2,239,072 2,242,072
DEFENSE......................
Bien Hoa dioxin cleanup... [15,000]
CDC nationwide human [20,000]
health assessment.........
Civilian Harm Mitigation [25,000]
and Response Action Plan
Implementation............
Program decrease.......... [-63,000]
Readiness Environmental [6,000]
Protection Integration
Program...................
450 OFFICE OF THE SECRETARY OF 55,255 55,255
DEFENSE--CYBER...............
500 WASHINGTON HEADQUARTERS 369,943 359,943
SERVICES.....................
Program decrease.......... [-10,000]
500A CLASSIFIED PROGRAMS........... 18,764,415 18,764,415
SUBTOTAL ADMINISTRATION 37,085,757 37,071,722
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
510 UNDISTRIBUTED................. 308,472
Historical unobligated [-487,500]
balances..................
Inflation effects......... [765,972]
Program increase: [30,000]
Congressionally mandated
commissions...............
SUBTOTAL UNDISTRIBUTED.... 308,472
TOTAL OPERATION AND 48,406,516 48,819,095
MAINTENANCE, DEFENSE-WIDE
UKRAINE SECURITY ASSISTANCE
010 UKRAINE SECURITY ASSISTANCE 800,000
INITIATIVE...................
Program increase.......... [500,000]
Transfer from Defense [300,000]
Security Cooperation
Agency....................
SUBTOTAL UKRAINE SECURITY 800,000
ASSISTANCE................
TOTAL UKRAINE SECURITY 800,000
ASSISTANCE...............
US COURT OF APPEALS FOR ARMED
FORCES, DEF
ADMINISTRATION AND ASSOCIATED
ACTIVITIES
010 US COURT OF APPEALS FOR THE 16,003 16,187
ARMED FORCES, DEFENSE........
Inflation effects......... [184]
SUBTOTAL ADMINISTRATION 16,003 16,187
AND ASSOCIATED ACTIVITIES.
TOTAL US COURT OF APPEALS 16,003 16,187
FOR ARMED FORCES, DEF....
DOD ACQUISITION WORKFORCE
DEVELOPMENT FUND
ACQUISITION WORKFORCE
DEVELOPMENT
010 ACQ WORKFORCE DEV FD.......... 53,791 53,791
SUBTOTAL ACQUISITION 53,791 53,791
WORKFORCE DEVELOPMENT.....
TOTAL DOD ACQUISITION 53,791 53,791
WORKFORCE DEVELOPMENT
FUND.....................
OVERSEAS HUMANITARIAN,
DISASTER, AND CIVIC AID
HUMANITARIAN ASSISTANCE
010 OVERSEAS HUMANITARIAN, 112,800 150,000
DISASTER AND CIVIC AID.......
Program increase.......... [37,200]
SUBTOTAL HUMANITARIAN 112,800 150,000
ASSISTANCE................
TOTAL OVERSEAS 112,800 150,000
HUMANITARIAN, DISASTER,
AND CIVIC AID............
COOPERATIVE THREAT REDUCTION
ACCOUNT
010 COOPERATIVE THREAT REDUCTION.. 341,598 354,394
Inflation effects......... [12,796]
SUBTOTAL COOPERATIVE 341,598 354,394
THREAT REDUCTION..........
TOTAL COOPERATIVE THREAT 341,598 354,394
REDUCTION ACCOUNT........
ENVIRONMENTAL RESTORATION,
ARMY
DEPARTMENT OF THE ARMY
050 ENVIRONMENTAL RESTORATION, 196,244 201,828
ARMY.........................
Inflation effects......... [5,584]
SUBTOTAL DEPARTMENT OF THE 196,244 201,828
ARMY......................
TOTAL ENVIRONMENTAL 196,244 201,828
RESTORATION, ARMY........
ENVIRONMENTAL RESTORATION,
NAVY
DEPARTMENT OF THE NAVY
060 ENVIRONMENTAL RESTORATION, 359,348 399,573
NAVY.........................
Inflation effects......... [10,225]
Program increase.......... [30,000]
SUBTOTAL DEPARTMENT OF THE 359,348 399,573
NAVY......................
TOTAL ENVIRONMENTAL 359,348 399,573
RESTORATION, NAVY........
ENVIRONMENTAL RESTORATION, AIR
FORCE
DEPARTMENT OF THE AIR FORCE
070 ENVIRONMENTAL RESTORATION, AIR 314,474 353,423
FORCE........................
Inflation effects......... [8,949]
Program increase.......... [30,000]
SUBTOTAL DEPARTMENT OF THE 314,474 353,423
AIR FORCE.................
TOTAL ENVIRONMENTAL 314,474 353,423
RESTORATION, AIR FORCE...
ENVIRONMENTAL RESTORATION,
DEFENSE
DEFENSE-WIDE
080 ENVIRONMENTAL RESTORATION, 8,924 9,178
DEFENSE......................
Inflation effects......... [254]
SUBTOTAL DEFENSE-WIDE..... 8,924 9,178
TOTAL ENVIRONMENTAL 8,924 9,178
RESTORATION, DEFENSE.....
ENVIRONMENTAL RESTORATION
FORMERLY USED SITES
DEFENSE-WIDE
090 ENVIRONMENTAL RESTORATION 227,262 258,728
FORMERLY USED SITES..........
Inflation effects......... [6,466]
Military Munitions [25,000]
Response Program..........
SUBTOTAL DEFENSE-WIDE..... 227,262 258,728
TOTAL ENVIRONMENTAL 227,262 258,728
RESTORATION FORMERLY USED
SITES....................
SUPPORT FOR INTERNATIONAL
SPORTING COMPETITIONS ,
DEFENSE
OPERATIONS SUPPORT
100 SUPPORT OF INTERNATIONAL 10,377 10,673
SPORTING COMPETITIONS,
DEFENSE......................
Inflation effects......... [296]
SUBTOTAL OPERATIONS 10,377 10,673
SUPPORT...................
TOTAL SUPPORT FOR 10,377 10,673
INTERNATIONAL SPORTING
COMPETITIONS , DEFENSE...
RED HILL RECOVERY FUND
010 RED HILL RECOVERY FUND........ 1,000,000 1,000,000
SUBTOTAL RED HILL RECOVERY 1,000,000 1,000,000
FUND......................
TOTAL RED HILL RECOVERY 1,000,000 1,000,000
FUND.....................
TOTAL OPERATION & 271,218,877 278,792,827
MAINTENANCE..............
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2023 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 164,139,628 162,279,628
Additional BAH Absorption Restoration [250,000]
(2%).................................
BAH Absorption Restoration (1%)....... [244,000]
Historical underexecution............. [-700,000]
Military Personnel, Navy--Restore Navy [190,000]
Force Structure Cuts (Manpower)......
Additional special incentive pays..... [100,000]
Air Force end strength--E-10 Sentry [234,000]
AWACS and medical billets............
Army end strength reduction........... [-2,200,000]
Basic needs allowance................. [12,000]
Home leave demonstration program...... [10,000]
Medicare-Eligible Retiree Health Care 9,743,704 9,743,704
Fund Contributions...................
TOTAL, Military Personnel........... 173,883,332 172,023,332
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2023 Conference
Program Title Request Authorized
------------------------------------------------------------------------
NATIONAL DEFENSE STOCKPILE TRANSACTION
FUND
DEFENSE STOCKPILE..................... 253,500 1,003,500
Program increase................. [750,000]
TOTAL NATIONAL DEFENSE STOCKPILE 253,500 1,003,500
TRANSACTION FUND...................
WORKING CAPITAL FUND, ARMY
ARMY ARSENALS INITIATIVE.............. 28,448 28,448
ARMY SUPPLY MANAGEMENT................ 1,489 1,489
TOTAL WORKING CAPITAL FUND, ARMY... 29,937 29,937
WORKING CAPITAL FUND, AIR FORCE
TRANSPORTATION
SUPPLIES AND MATERIALS................ 80,448 80,448
TOTAL WORKING CAPITAL FUND, AIR 80,448 80,448
FORCE..............................
WORKING CAPITAL FUND, DEFENSE-WIDE
DEFENSE AUTOMATION & PRODUCTION 2 2
SERVICES.............................
DEFENSE INFORMATION SYSTEMS AGENCY
WORKING CAPITAL FUND SUPPORT.......... 8,300 2,508,300
Fuel inflation................... [2,500,000]
TOTAL WORKING CAPITAL FUND, DEFENSE- 8,302 2,508,302
WIDE...............................
WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND SUPPORT.......... 1,211,208 1,435,333
Inflation effects................ [14,125]
Program increase................. [210,000]
TOTAL WORKING CAPITAL FUND, DECA... 1,211,208 1,435,333
CHEM AGENTS & MUNITIONS DESTRUCTION
CHEM DEMILITARIZATION--O&M............ 84,612 84,612
CHEM DEMILITARIZATION--RDT&E.......... 975,206 975,206
CHEM DEMILITARIZATION--PROC
UNDISTRIBUTED......................... 28,929
Inflation effects................ [28,929]
TOTAL CHEM AGENTS & MUNITIONS 1,059,818 1,088,747
DESTRUCTION........................
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT............. 619,474 619,474
DRUG DEMAND REDUCTION PROGRAM......... 130,060 130,060
NATIONAL GUARD COUNTER-DRUG PROGRAM... 100,316 100,316
NATIONAL GUARD COUNTER-DRUG SCHOOLS... 5,878 5,878
UNDISTRIBUTED......................... 18,898
Inflation effects................ [18,898]
TOTAL DRUG INTERDICTION & CTR-DRUG 855,728 874,626
ACTIVITIES, DEF....................
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL--O&M.. 474,650 474,650
OFFICE OF THE INSPECTOR GENERAL--CYBER 1,321 1,321
OFFICE OF THE INSPECTOR GENERAL--RDT&E 1,864 1,864
OFFICE OF THE INSPECTOR GENERAL-- 1,524 1,524
PROCUREMENT..........................
UNDISTRIBUTED......................... 4,932
Inflation effects................ [4,932]
TOTAL OFFICE OF THE INSPECTOR 479,359 484,291
GENERAL............................
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE......................... 9,906,943 9,866,753
Medical care contracts excess [-25,082]
growth...........................
Unjustified growth............... [-15,108]
PRIVATE SECTOR CARE................... 18,455,209 18,442,709
Program decrease................. [-12,500]
CONSOLIDATED HEALTH SUPPORT........... 1,916,366 1,875,949
Unjustified growth............... [-40,417]
INFORMATION MANAGEMENT................ 2,251,151 2,247,789
Unjustified growth............... [-3,362]
MANAGEMENT ACTIVITIES................. 338,678 338,678
EDUCATION AND TRAINING................ 334,845 341,845
TriService Nursing Research [7,000]
Program..........................
BASE OPERATIONS/COMMUNICATIONS........ 2,111,558 2,108,900
Excess growth.................... [-2,658]
R&D RESEARCH.......................... 39,568 44,568
CRDMP Program for Pancreatic [5,000]
Cancer Research..................
R&D EXPLORATRY DEVELOPMENT............ 175,477 175,477
R&D ADVANCED DEVELOPMENT.............. 320,862 333,362
Combat triple negative breast [10,000]
cancer...........................
Post-traumatic stress disorder... [2,500]
R&D DEMONSTRATION/VALIDATION.......... 166,960 166,960
R&D ENGINEERING DEVELOPMENT........... 103,970 103,970
R&D MANAGEMENT AND SUPPORT............ 85,186 85,186
R&D CAPABILITIES ENHANCEMENT.......... 17,971 17,971
PROC INITIAL OUTFITTING............... 21,625 21,625
PROC REPLACEMENT & MODERNIZATION...... 234,157 234,157
PROC JOINT OPERATIONAL MEDICINE 1,467 1,467
INFORMATION SYSTEM...................
PROC MILITARY HEALTH SYSTEM--DESKTOP 72,601 72,601
TO DATACENTER........................
PROC DOD HEALTHCARE MANAGEMENT SYSTEM 240,224 240,224
MODERNIZATION........................
SOFTWARE & DIGITAL TECHNOLOGY PILOT 137,356 137,356
PROGRAMS.............................
TOTAL DEFENSE HEALTH PROGRAM....... 36,932,174 36,857,547
TOTAL OTHER AUTHORIZATIONS......... 40,910,474 44,362,731
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2023 Conference
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
ARMY
Alabama
Army Anniston Army Depot General Purpose Warehouse 0 2,400
(P&D).
Army Redstone Arsenal Building 6231.............. 0 6,000
Army Redstone Arsenal Physics Lab................ 0 44,000
Army Redstone Arsenal Warehouse.................. 0 52,000
Alaska
Army Fort Wainwright Physical Fitness Center.... 0 50,000
Arizona
Army Yuma Proving Ground Cost to Complete: Ready 0 6,500
Building.
Arkansas
Army Pine Bluff Arsenal Access Control Point (P&D). 0 1,800
Bulgaria
Army Novo Selo Training Cost to Complete: EDI- 0 3,640
Area Ammunition Holding Area.
Colorado
Army Fort Carson Fire Station Support 14,200 14,200
Building.
Florida
Army Camp Bull Simons Child Development Center 0 4,750
(P&D).
Georgia
Army Fort Gillem Cost to Complete: Forensic 0 24,700
Laboratory.
Army Fort Gordon Child Development Center 0 5,000
(P&D).
Germany
Army East Camp Grafenwoehr EDI: Battalion Trng Cplx1 104,000 104,000
(Brks/Veh Maint).
Army East Camp Grafenwoehr EDI: Battalion Trng Cplx2 64,000 64,000
(OPS/Veh Maint).
Hawaii
Army Fort Shafter Water System Upgrade....... 0 33,000
Army Schofield Barracks Company Operations 0 25,000
Facilities.
Army Tripler Army Medical Upgrade Potable Water 0 38,000
Center System.
Japan
Army Kadena Air Force Base Vehicle Maintenance Shop... 0 80,000
Kansas
Army Fort Riley (Custer Unaccompanied Enlisted 0 15,930
Hill) Barracks (P&D).
Kentucky
Army Fort Campbell Cost to Complete: Vehicle 0 13,650
Maintenance Shop.
Kwajalein
Army Kwajalein Atoll Medical Clinic............. 69,000 69,000
Louisiana
Army Fort Polk Child Development Center... 32,000 32,000
Army Fort Polk Cost to Complete: Child 0 9,000
Development Center.
Army Fort Polk Cost to Complete: 0 35,360
Information System
Facility.
Army Fort Polk Cost to Complete: Joint 0 61,000
Operations Center.
Maryland
Army Aberdeen Proving Cost to Complete: Test 0 0
Ground Maintenance Fabrication
Facility.
Army Aberdeen Proving Test Maintenance 0 30,000
Ground Fabrication Facility.
Army Aberdeen Proving Test Maintenance 0 7,600
Ground Fabrication Facility (P&D).
Army Fort Meade Cost to Complete: 0 17,550
Cantonment Area Roads.
Mississippi
Army Engineer Research and Lab and Test Building...... 0 20,000
Development Center
Missouri
Army Fort Leonard Wood Central Issue Facility 0 5,300
(P&D).
New Jersey
Army Picatinny Arsenal Precision Munitions Test 0 3,654
Tower.
New Jersey
Army Picatinny Arsenal Igloo Storage Installation. 0 12,000
New Mexico
Army White Sands Missile Missile Assembly Building 0 3,600
Range (P&D).
New York
Army Fort Drum Automated Record Fire Plus 0 3,600
Range.
Army Fort Drum Physical Fitness Testing 0 5,300
Facility (P&D).
Army U.S. Military Academy Engineering Center......... 39,800 39,800
North Carolina
Army Fort Bragg Automated Infantry Platoon 0 1,350
Battle Course (P&D).
Army Fort Bragg Automated Record Fire Range 0 2,000
(P&D).
Army Fort Bragg Child Development Center 0 3,600
(P&D).
Army Fort Bragg Multipurpose Machine Gun 0 1,600
Range (MPMG 2) (P&D).
Army Fort Bragg Multipurpose Training Range 34,000 34,000
Oklahoma
Army Fort Sill Cost to Complete: Advanced 0 85,800
Individual Training
Barracks, Phase 2.
Army McAlester Army Cost to Complete: 0 39,000
Ammunition Plant Ammunition Demolition Shop.
Pennsylvania
Army Letterkenny Army Depot Shipping and Receiving 38,000 38,000
Building.
Texas
Army Corpus Christi Army Powertrain Facility (Engine 103,000 55,000
Depot Assembly).
Army Fort Bliss Fire Station............... 15,000 15,000
Army Fort Hood Automated Infantry Platoon 0 1,220
Battle Course (P&D).
Army Fort Hood Automated Infantry Squad 0 600
Battle Course (P&D).
Army Fort Hood Automated Multipurpose 0 1,240
Machine Gun Range (P&D).
Army Fort Hood Barracks................... 0 19,000
Washington
Army Joint Base Lewis- Barracks................... 49,000 49,000
McChord
Worldwide Unspecified
Army Unspecified Worldwide Child Development Center 0 15,000
Locations Planning & Design Fund.
Army Unspecified Worldwide Cost to Complete: FY21 0 251,860
Locations Inflation Effects.
Army Unspecified Worldwide Cost to Complete: FY22 0 85,200
Locations Inflation Effects.
Army Unspecified Worldwide Cost to Complete: FY23 0 541,080
Locations Inflation Effects.
Army Unspecified Worldwide Exercise-Related Minor 0 10,500
Locations Construction (USARPAC).
Army Unspecified Worldwide Host Nation Support........ 26,000 26,000
Locations
Army Unspecified Worldwide Improving Military 0 20,000
Locations Installation Resilience.
Army Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Army Unspecified Worldwide Lab Revitalization......... 0 30,000
Locations
Army Unspecified Worldwide Planning & Design.......... 167,151 192,151
Locations
Army Unspecified Worldwide Unaccompanied Barracks 0 0
Locations Planning and Design.
Army Unspecified Worldwide Unspecified Minor Military 90,414 110,414
Locations Construction.
........................
Military Construction, Army Total 845,565 2,571,949
......................
NAVY
Arizona
Navy Marine Corps Air Water Treatment (P&D)...... 0 5,000
Station Yuma
Australia
Navy Royal Australian Air PDI: Aircraft Parking Apron 72,446 72,446
Force Base Darwin (INC).
California
Navy Marine Corps Air Range Simulation Training & 120,382 10,382
Ground Combat Center Operations Fac..
Twentynine Palms
Navy Marine Corps Base Camp Basilone Road Realignment.. 85,210 14,768
Pendleton
Navy Marine Corps Base Camp Child Development Center... 0 32,100
Pendleton
Navy Marine Corps Recruit Recruit Barracks........... 0 94,848
Depot San Diego
Navy Naval Air Station F-35C Aircraft Maint. 201,261 41,261
Lemoore Hangar & Airfield Pave.
Navy Naval Base Point Loma Child Development Center... 56,450 64,353
Annex
Navy Naval Base San Diego Floating Dry Dock Mooring 0 9,000
Facility.
Navy Naval Base San Diego Pier 6 Replacement (INC)... 15,565 15,565
Navy Naval Surface Warfare Data Science Analytics and 0 2,845
Center Corona Innovation (P&D).
Division
Navy Naval Surface Warfare Performance Assessment 0 15,000
Center Corona Communications Laboratory.
Division
Connecticut
Navy Naval Submarine Base Relocate Underwater 15,514 15,514
New London Electromagnetic Measure..
Djibouti
Navy Camp Lemonnier Electrical Power Plant..... 0 12,000
Florida
Navy Marine Corps Support Communications 0 5,949
Facility Blount Infrastructure
Island Modernization (P&D).
Navy Naval Air Station Engine Test Cells 86,232 36,232
Jacksonville Modifications.
Navy Naval Air Station Advanced Helicopter 0 141,500
Whiting Field Training System Hangar.
Navy Naval Air Station AHTS Aircraft Flight 57,789 57,789
Whiting Field Simulator Facility.
Georgia
Navy Marine Corps Base Consolidated Communication 0 6,400
Albany Facility (P&D).
Navy Naval Submarine Base Nuclear Regional 213,796 13,796
Kings Bay Maintenance Facility.
Navy Naval Submarine Base Trident Training Fac. 65,375 65,375
Kings Bay Columbia Trainer Expan..
Guam
Navy Marine Corps Base Camp PDI: 9th Eng Supp Battalion 131,590 41,590
Blaz Equip & Main Fac.
Navy Marine Corps Base Camp PDI: 9th Engineer Support 35,188 35,188
Blaz Battalion Ops. Fac..
Navy Marine Corps Base Camp PDI: Brown Tree Snake 14,497 14,497
Blaz Exclusion Barrier South.
Navy Marine Corps Base Camp PDI: Ground Combat Element 149,314 69,314
Blaz Inf Btn 1 & 2 Fac.
Hawaii
Navy Joint Base Pearl Dry Dock 3 Replacement 621,185 446,185
Harbor-Hickam (INC).
Navy Joint Base Pearl Missile Magazines.......... 0 10,000
Harbor-Hickam
Navy Joint Base Pearl Upgrade Main Water Lines-- 0 15,000
Harbor-Hickam DA.
Navy Joint Base Pearl Waterfront Production 0 40,000
Harbor-Hickam Facility (P&D).
Navy Marine Corps Base Bachelor Enlisted Quarters. 0 57,900
Kaneohe Bay
Idaho
Navy Naval Surface Warfare ARD Range Craft Berthing 0 707
Center Carderock Facility (P&D).
Division
Japan
Navy Kadena Air Base PDI: Marine Corps Bachelor 94,100 29,100
Enlisted Quarters.
Navy Kadena Air Base PDI: Marine Corps Barracks 101,300 31,300
Complex.
Maine
Navy Portsmouth Naval Child Development Center 0 2,500
Shipyard (P&D).
Navy Portsmouth Naval Multi-Mission Drydock #1 503,282 503,282
Shipyard Extension (INC).
Maryland
Navy Naval Surface Warfare SFOMF Storage Laboratory... 0 2,073
Center Carderock
Division
Navy Naval Surface Warfare Ship Systems Integration 0 2,650
Center Carderock and Design Facility (P&D).
Division
Navy Naval Surface Warfare Combustion Laboratory...... 0 6,000
Center Indian Head
Division
Navy Naval Surface Warfare Contained Burn Facility 0 0
Center Indian Head (P&D).
Division
Navy Naval Surface Warfare Contained Burn Facility 0 5,415
Center Indian Head (P&D).
Division
Navy Naval Surface Warfare EOD Explosive Testing Range 0 2,039
Center Indian Head 2 Expansion at SN,
Division Building 2107.
Nevada
Navy Naval Air Station F-35C Aircraft Maintenance 97,865 30,865
Fallon Hangar.
Navy Naval Air Station Fallon Range Training 0 48,300
Fallon Complex Land Acquisition
Phase 2.
North Carolina
Navy Marine Corps Air Aircraft Maintenance Hangar 106,000 21,000
Station Cherry Point (INC).
Navy Marine Corps Air CH-53K Gearbox Repair and 38,415 38,415
Station Cherry Point Test Facility.
Navy Marine Corps Air F-35 Flightline Util 58,000 58,000
Station Cherry Point Modernization PH 2 (INC).
Navy Marine Corps Air Three Module Type II Hangar 0 21,000
Station New River
Navy Marine Corps Base Camp Regional Communications 47,475 47,475
Lejeune Station, Hadnot Point.
Pennsylvania
Navy Naval Surface Warfare Machinery Control 0 92,547
Center Philadelphia Developmental Center.
Division
South Carolina
Navy Marine Corps Recruit Recruit Barracks........... 0 37,600
Depot Parris Island
Navy Marine Corps Recruit Recruit Barracks........... 0 38,300
Depot Parris Island
Spain
Navy Naval Station Rota EDI: Missile Magazines..... 0 92,323
Virginia
Navy Naval Air Station Child Development Center 0 1,200
Oceana (P&D).
Navy Naval Station Norfolk Child Development Center 0 2,300
(P&D).
Navy Naval Station Norfolk Submarine Logistics Support 16,863 16,863
Facilities.
Navy Naval Station Norfolk Submarine Pier 3 (INC)..... 155,000 125,000
Navy Naval Surface Warfare Weapons Integration and 0 1,237
Center Dahlgren Test Campus (P&D).
Division
Navy Norfolk Naval Shipyard Dry Dock Saltwater System 47,718 47,718
for CVN-78 (INC).
Navy Naval Surface Warfare Upgrade Electrical 0 2,503
Center Dahlgren Substation 1.
Division
Washington
Navy Naval Air Station E/A-18G Aircraft Flt. Read. 37,461 37,461
Whidbey Island Squad. Train. Fac.
Navy Naval Air Station P-8A Aircraft Airfield 0 68,100
Whidbey Island Pavements Improvements.
Worldwide Unspecified
Navy Unspecified Worldwide Child Development Center 0 15,000
Locations Planning & Design Fund.
Navy Unspecified Worldwide Cost to Complete: FY21 0 99,384
Locations Inflation Effects.
Navy Unspecified Worldwide Cost to Complete: FY22 0 514,892
Locations Inflation Effects.
Navy Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (P&D).
Navy Unspecified Worldwide Cost to Complete: FY23 0 298,433
Locations Inflation Effects.
Navy Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (P&D).
Navy Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (UMMC).
Navy Unspecified Worldwide Improving Military 0 20,000
Locations Installation Resilience.
Navy Unspecified Worldwide INDOPACOM (P&D)............ 0 50,000
Locations
Navy Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Navy Unspecified Worldwide Lab Revitalization......... 0 20,000
Locations
Navy Unspecified Worldwide MCON Planning and Funds.... 397,124 422,124
Locations
Navy Unspecified Worldwide Planning & Design.......... 0 63,400
Locations
Navy Unspecified Worldwide Red Hill (P&D)............. 0 0
Locations
Navy Unspecified Worldwide SIOP Planning & Design..... 0 75,000
Locations
Navy Unspecified Worldwide Unspecified Minor Military 109,994 129,994
Locations Construction.
Navy Unspecified Worldwide USMC Planning & Design..... 0 37,800
Locations
Navy Unspecified Worldwide Water Treatment and 0 0
Locations Distribution
Infrastructure.
........................
Military Construction, Navy Total 3,752,391 4,621,097
......................
AIR FORCE
Alabama
Air Force Maxwell Air Force Base Commercial Vehicle 0 15,000
Inspection Gate.
Alaska
Air Force Clear Space Force LRDR Dormitory............. 68,000 68,000
Station
Air Force Joint Base Elmendorf- Extend Runway 16/34 (INC).. 100,000 100,000
Richardson
Air Force Joint Base Elmendorf- PFAS: Contaminated Soil 0 5,200
Richardson Removal.
Arizona
Air Force Davis-Monthan Air Combat Rescue Helicopter 0 7,500
Force Base Simulator.
Air Force Luke Air Force Base Child Development Center 0 4,750
(P&D).
California
Air Force Air Force Test Center-- Munitions Igloo--East (P&D) 0 650
Edwards Air Force
Base
Air Force Travis Air Force Base KC-46A ADAL B179, Simulator 0 7,500
Facility.
Air Force Vandenberg Space Force GBSD Consolidated 89,000 14,000
Base Maintenance Facility.
Florida
Air Force Air Force Research Shock and Applied Impact 0 530
Laboratory--Eglin Air Laboratory (SAIL) (P&D).
Force Base
Air Force Eglin Air Force Base F-35A ADAL Squadron 0 2,500
Operations (P&D).
Air Force Eglin Air Force Base F-35A Developmental Test 2- 0 4,100
Bay MX Hangar (P&D).
Air Force Eglin Air Force Base F-35A Developmental Test 2- 0 3,700
Bay Test Hangar (P&D).
Air Force Patrick Space Force Consolidated Communications 0 97,000
Base Center.
Air Force Tyndall Air Force Base Cost to Complete--Natural 0 66,000
Disaster Recovery.
Georgia
Air Force Moody Air Force Base 23d Security Forces 0 1,100
Squadron Operations
Facility (P&D).
Air Force Moody Air Force Base Rescue Squadron Guardian 0 5,770
Angel Operations Facility
(P&D).
Hawaii
Air Force Air Force Research Secure Integration Support 0 89,000
Laboratory--Maui Lab W/ Land Acquisition.
Experimental Site #1
Hungary
Air Force Papa Air Base EDI: DABS-FEV Storage...... 71,000 71,000
Iceland
Air Force Naval Air Station EDI: DABS-FEV Storage...... 94,000 94,000
Keflavik
Illinois
Air Force Scott Air Force Base Child Development Center... 0 19,893
Italy
Air Force Aviano Air Base Combat Rescue Helicopter 15,500 15,500
Simulator Facility.
Air Force Aviano Air Base EDI: RADR Storage Facility. 31,000 31,000
Japan
Air Force Kadena Air Base Helicopter Rescue OPS 71,000 71,000
Maintenance Hangar (INC).
Air Force Kadena Air Base PDI: Theater A/C Corrosion 77,000 17,000
Control Ctr (INC).
Air Force Yokota Air Base Cost to Complete: PDI: C- 0 10,000
130J Corrosion Control
Hangar.
Jordan
Air Force Muwaffaq Salti Air Bulk Petroleum/Oil/ 32,000 32,000
Base Lubricants Storage.
Air Force Muwaffaq Salti Air Fuel Cell and Phase 18,000 18,000
Base Maintenance Hangars.
Louisiana
Air Force Barksdale Air Force Weapons Generation Facility 125,000 126,500
Base (INC).
Mariana Islands
Air Force Tinian PDI: Airfield Development 58,000 58,000
Phase 1 (INC).
Air Force Tinian PDI: Fuel Tanks W/Pipeline 92,000 92,000
& Hydrant Sys, INC.
Air Force Tinian PDI: Parking Apron (INC)... 41,000 41,000
Maryland
Air Force Joint Base Andrews Cost to Complete: PAR 0 28,200
Relocate Haz Cargo Pad and
EOD Range.
Massachusetts
Air Force Hanscom Air Force Base MIT-Lincoln Lab (West Lab 30,200 30,200
CSL/MIF), INC.
Nebraska
Air Force Offutt Air Force Base Cost to Complete--Natural 0 235,000
Disaster Recovery.
Nevada
Air Force Nellis Air Force Base Dormitory (P&D)............ 0 7,200
New Mexico
Air Force Cannon Air Force Base Soft Construct Munitions 0 8,000
Storage Area (P&D).
Air Force Holloman Air Force F-16 Formal Training Unit 0 4,140
Base Airfield Requirements
(P&D).
Air Force Holloman Air Force High Speed Test Track (P&D) 0 15,000
Base
Air Force Kirtland Air Force 58th SOW/PJ/CRO Pipeline 0 11,160
Base Dorm (432 RM) (P&D).
Air Force Kirtland Air Force ADAL Systems & Digital 0 2,000
Base Engineering Lab (P&D).
Air Force Kirtland Air Force Explosives Operations 0 540
Base Building (P&D).
Air Force Kirtland Air Force Joint Navigational Warfare 0 4,700
Base Center (P&D).
Air Force Kirtland Air Force Space Rapid Capabilities 0 4,400
Base Office (SPRCO)
Headquarters Facility
(P&D).
New York
Air Force Air Force Research HF Antennas, Newport and 0 4,200
Laboratory--Rome Stockbridge Test Annexes.
Research Site
North Carolina
Air Force Seymour Johnson Air Combat Arms and Maintenance 0 3,300
Force Base Complex (P&D).
Air Force Seymour Johnson Air KC-46 Alert Facility (P&D). 0 530
Force Base
Norway
Air Force Rygge Air Station EDI: Base Perimeter 8,200 8,200
Security Fence.
Ohio
Air Force Wright Patterson Air Child Development Center/ 0 29,000
Force Base School Age Center.
Air Force Wright Patterson Air Human Performance Wing 0 4,000
Force Base Laboratory (P&D).
Oklahoma
Air Force Altus Air Force Base South Gate................. 0 4,750
Air Force Tinker Air Force Base E-7 Operations Center (P&D) 0 15,000
Air Force Tinker Air Force Base Facility and Land 30,000 30,000
Acquisition (MROTC).
Air Force Tinker Air Force Base KC-46A 1-Bay Depot 0 80,000
Corrosion Control Hangar.
Air Force Tinker Air Force Base KC-46A 2-Bay Program Depot 0 90,000
Maintenance Hangar.
Air Force Tinker Air Force Base KC-46A 3-Bay Depot 49,000 49,000
Maintenance Hangar (INC).
Air Force Tinker Air Force Base KC-46A Fuel POL 13,600 13,600
Infrastructure.
South Carolina
Air Force Shaw Air Force Base RAPCON Facility............ 10,000 10,000
South Dakota
Air Force Ellsworth Air Force B-21 2-Bay LO Restoration 91,000 41,000
Base Facility (INC).
Air Force Ellsworth Air Force B-21 Radio Frequency 77,000 84,900
Base Facility.
Air Force Ellsworth Air Force B-21 Weapons Generation 50,000 50,000
Base Facility (INC).
Spain
Air Force Moron Air Base EDI: RADR Storage Facility. 29,000 29,000
Tennessee
Air Force Arnold Air Force Base ARC Heater Test Facility 38,000 38,000
Dragon Fire.
Texas
Air Force Joint Base San Antonio BMT Recruit Dormitory 7 90,000 0
(INC).
Air Force Joint Base San Antonio- Cost to Complete: BMT 0 5,400
Lackland Recruit Dormitory 8.
Air Force Joint Base San Antonio- Child Development Center... 0 29,000
Randolph
United Kingdom
Air Force Royal Air Force Cost to Complete: F-35 PGM 0 3,100
Lakenheath Facility.
Air Force Royal Air Force Cost to Complete: Joint 0 421,000
Molesworth Intelligence Analysis
Complex.
Air Force Royal Air Force Cost to Complete: Joint 0 0
Molesworth Intelligence Analysis
Complex Consolidation, PH3.
Utah
Air Force Hill Air Force Base GBSD Organic Software 95,000 95,000
Sustain Ctr (INC).
Air Force Hill Air Force Base GBSD Technology and 84,000 44,000
Collaboration Center.
Washington
Air Force Fairchild Air Force ADAL KC-135 Flight 0 8,000
Base Simulator.
Air Force Fairchild Air Force Cost to Complete: 0 8,000
Base Consolidate TFI Base
Operations.
Worldwide Unspecified
Air Force Unspecified Worldwide Child Development Center 0 15,000
Locations Planning & Design Fund.
Air Force Unspecified Worldwide Cost to Complete: FY22 0 291,818
Locations Inflation Effects.
Air Force Unspecified Worldwide Cost to Complete: FY23 0 309,441
Locations Inflation Effects.
Air Force Unspecified Worldwide Cost to Complete: Natural 0 0
Locations Disaster Recovery.
Air Force Unspecified Worldwide Improving Military 0 20,000
Locations Installation Resilience.
Air Force Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Air Force Unspecified Worldwide Lab Revitalization......... 0 50,000
Locations
Air Force Unspecified Worldwide Planning & Design.......... 135,794 160,794
Locations
Air Force Unspecified Worldwide VARLOCS CTC................ 0 0
Locations
Air Force Various Worldwide Unspecified Minor Military 66,162 81,162
Locations Construction.
Wyoming
Air Force F.E. Warren Air Force Cost to Complete: Weapons 0 26,000
Base Storage Facility.
Air Force F.E. Warren Air Force GBSD Integrated Command 95,000 45,000
Base Center Wing A.
Air Force F.E. Warren Air Force GBSD Land Acquisition...... 34,000 34,000
Base
Air Force F.E. Warren Air Force GBSD Missile Handling 47,000 47,000
Base Complex Wing A.
Air Force F.E. Warren Air Force Military Working Dog Kennel 0 10,000
Base
........................
Military Construction, Air Force Total 2,055,456 3,827,928
......................
DEFENSE-WIDE
Alabama
Defense-Wide Redstone Arsenal MSIC Advanced Analysis 0 15,000
Facility Phase 2 (INC).
Defense-Wide Redstone Arsenal Backup Power Generation.... 0 10,700
(Missile and Space
Intelligence Center)
California
Defense-Wide Marine Corps Mountain Microgrid and Backup Power. 0 25,560
Warfare Training
Center Bridgeport
Defense-Wide Naval Base Coronado SOF Operations Support 75,712 75,712
Facility.
Defense-Wide Naval Base Ventura Ground Mounted Solar 0 13,360
County, Point Mugu Photovoltaic System.
Delaware
Defense-Wide Dover Air Force Base Armed Services Whole Blood 0 350
Processing Laboratory-East
Replacement (P&D).
Djibouti
Defense-Wide Camp Lemonnier Enhanced Energy Security 0 24,000
and Control Systems.
Florida
Defense-Wide Hurlburt Field SOF Human Performance 9,100 9,100
Training Center.
Defense-Wide MacDill Air Force Base SOF Joint MISO Web 0 8,730
Operations Facility (P&D).
Defense-Wide MacDill Air Force Base SOF Operations Integration 0 50,000
Facility.
Defense-Wide Naval Air Station Facility Energy Operations 0 2,400
Jacksonville Center Renovation.
Defense-Wide Patrick Space Force Underground Electric 0 8,400
Base Distribution System.
Defense-Wide Patrick Space Force Water Distribution Loop.... 0 7,300
Base
Georgia
Defense-Wide Fort Stewart-Hunter Power Generation and 0 25,400
Army Airfield Microgrid.
Defense-Wide Naval Submarine Base SCADA Modernization........ 0 11,200
Kings Bay
Germany
Defense-Wide Baumholder Baumholder Elementary 71,000 106,700
School.
Defense-Wide Baumholder SOF Battalion Annex........ 22,468 22,468
Defense-Wide Baumholder SOF Communications Annex... 9,885 9,885
Defense-Wide Baumholder SOF Operations Annex....... 23,768 23,768
Defense-Wide Baumholder SOF Support Annex.......... 21,902 21,902
Defense-Wide Rhine Ordnance Medical Center Replacement 299,790 299,790
Barracks (INC 10).
Defense-Wide Wiesbaden Clay Kaserne Elementary 60,000 104,779
School.
Guam
Defense-Wide Naval Base Guam Electrical Distribution 0 34,360
System.
Hawaii
Defense-Wide Joint Base Pearl Primary Electrical 0 25,000
Harbor-Hickam Distribution.
Japan
Defense-Wide Fleet Activities Kinnick High School (INC 2) 20,000 20,000
Yokosuka
Defense-Wide Iwakuni PDI: Bulk Storage Tanks PH 85,000 85,000
1.
Defense-Wide Kadena Air Base Lighting Upgrades.......... 0 780
Defense-Wide Yokota Air Base PDI: Bulk Storage Tanks PH 44,000 44,000
I (INC).
Defense-Wide Yokota Air Base PDI: Operations and 72,154 72,154
Warehouse Facilities.
Kansas
Defense-Wide Fort Riley Power Generation and 0 25,780
Microgrid.
Kuwait
Defense-Wide Camp Arifjan Power Generation and 0 26,850
Microgrid.
Maryland
Defense-Wide Bethesda Naval MEDCEN Addition / 75,500 75,500
Hospital Alteration (INC 6).
Defense-Wide Fort Meade NSAW Mission OPS and 140,000 80,000
Records Center (INC).
Defense-Wide Fort Meade NSAW Recap Building 4 (INC) 378,000 318,000
Defense-Wide Fort Meade Reclaimed Water 0 23,310
Infrastructure Expansion.
North Carolina
Defense-Wide Camp Lejeune Lejeune Schools 0 6,600
Modernization (P&D).
Defense-Wide Fort Bragg Albritton Middle School 0 7,500
Addition (P&D).
Defense-Wide Fort Bragg SOF Operations Building.... 18,870 18,870
Defense-Wide Fort Bragg SOF Supply Support Activity 15,600 15,600
South Carolina
Defense-Wide Marine Corps Air Fuel Pier Replacement (P&D) 0 900
Station Beaufort
Defense-Wide Marine Corps Recruit Ambulatory Care Center 0 4,800
Depot Parris Island Replacement (Dental) (P&D).
Texas
Defense-Wide Fort Hood Power Generation and 0 31,500
Microgrid.
Defense-Wide Joint Base San Antonio Ambulatory Care Center 58,600 58,600
Replacement (Dental).
Defense-Wide U.S. Army Reserve Power Generation and 0 9,600
Center, Conroe Microgrid.
Virginia
Defense-Wide Dam Neck SOF Operations Building 26,600 26,600
Addition.
Defense-Wide Naval Support Activity Backup Power Generation.... 0 3,400
Hampton Roads
Defense-Wide Naval Support Activity Primary Distribution 0 19,000
Hampton Roads Substation.
Defense-Wide NCE Springfield, Ft Chilled Water Redundancy... 0 1,100
Belvoir
Defense-Wide Pentagon Commercial Vehicle 18,000 18,000
Inspection Facility.
Worldwide Unspecified
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 233,520
Locations Inflation Effects.
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (DHA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (DIA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (DLA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (DODEA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 81,070
Locations Inflation Effects (ERCIP).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (NSA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (OSD).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (SOCOM).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (WHS).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 120,730
Locations Inflation Effects.
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (DHA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (DLA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (DODEA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 65,800
Locations Inflation Effects (ERCIP).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (OSD).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (SOCOM).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (WHS).
Defense-Wide Unspecified Worldwide DLA Planning & Design (DLA) 30,000 30,000
Locations
Defense-Wide Unspecified Worldwide EDI: NATO Eastern Flank 0 50,000
Locations Infrastructure Support
(P&D).
Defense-Wide Unspecified Worldwide Energy Resilience and 329,000 0
Locations Conserv. Invest. Prog..
Defense-Wide Unspecified Worldwide Exercise-Related Minor 0 16,130
Locations Construction.
Defense-Wide Unspecified Worldwide Exercise-Related Minor 0 10,100
Locations Construction (EUCOM).
Defense-Wide Unspecified Worldwide Exercise-Related Minor 0 33,360
Locations Construction (INDOPACOM).
Defense-Wide Unspecified Worldwide Exercise-Related Minor 18,644 18,644
Locations Construction (TJS).
Defense-Wide Unspecified Worldwide Exercise-Related Minor 0 500
Locations Construction P&D (EUCOM).
Defense-Wide Unspecified Worldwide Improving Military 0 15,000
Locations Installation Resilience.
Defense-Wide Unspecified Worldwide INDOPACOM- Red Hill Fuel 0 25,000
Locations Distribution (P&D).
Defense-Wide Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Defense-Wide Unspecified Worldwide Planning & Design (Defense- 26,689 51,689
Locations Wide).
Defense-Wide Unspecified Worldwide Planning & Design (DHA).... 33,227 33,227
Locations
Defense-Wide Unspecified Worldwide Planning & Design (DODEA).. 20,086 20,086
Locations
Defense-Wide Unspecified Worldwide Planning & Design (ERCIP).. 224,250 224,250
Locations
Defense-Wide Unspecified Worldwide Planning & Design (MDA).... 47,063 47,063
Locations
Defense-Wide Unspecified Worldwide Planning & Design (NSA).... 9,618 9,618
Locations
Defense-Wide Unspecified Worldwide Planning & Design (SOCOM).. 26,978 26,978
Locations
Defense-Wide Unspecified Worldwide Planning & Design (TJS).... 2,360 2,360
Locations
Defense-Wide Unspecified Worldwide Planning & Design (WHS).... 2,106 2,106
Locations
Defense-Wide Unspecified Worldwide Unspecified Minor Military 3,000 23,000
Locations Construction (Defense-
Wide).
Defense-Wide Unspecified Worldwide Unspecified Minor Military 15,000 15,000
Locations Construction (DHA).
Defense-Wide Unspecified Worldwide Unspecified Minor Military 8,000 8,000
Locations Construction (DODEA).
Defense-Wide Unspecified Worldwide Unspecified Minor Military 0 16,130
Locations Construction (INDOPACOM).
Defense-Wide Unspecified Worldwide Unspecified Minor Military 6,000 6,000
Locations Construction (NSA).
Defense-Wide Unspecified Worldwide Unspecified Minor Military 36,726 36,726
Locations Construction (SOCOM).
Defense-Wide Various Worldwide Unspecified Minor Military 31,702 31,702
Locations Construction (DLA).
........................
Military Construction, Defense-Wide Total 2,416,398 3,183,097
......................
ARMY NATIONAL GUARD
Alaska
Army National Guard Joint Base Elmendorf- Aircraft Maintenance Hangar 0 63,000
Richardson
Arkansas
Army National Guard Camp Robinson Automated Multipurpose 0 9,500
Machine Gun Range.
Delaware
Army National Guard River Road Training National Guard Readiness 16,000 16,000
Site Center.
Florida
Army National Guard Camp Blanding Automated Multipurpose 0 8,500
Machine Gun Range.
Army National Guard Camp Blanding Scout Recce Gunnery Complex 0 16,200
Army National Guard Gainesville National Guard Readiness 0 21,000
Center.
Army National Guard Palm Coast Flagler Rc National Guard Vehicle 12,000 12,000
Fms 9 Maintenance Shop.
Georgia
Army National Guard Fort Gordon National Guard/Reserve 0 2,100
Center Building (P&D).
Hawaii
Army National Guard Kalaeloa National Guard Readiness 29,000 29,000
Center Addition.
Illinois
Army National Guard Chicago National Guard Readiness 0 3,500
Center Alteration (P&D).
Indiana
Army National Guard Atlanta Readiness National Guard Readiness 20,000 20,000
Center Center.
Iowa
Army National Guard West Des Moines Armory National Guard Readiness 15,000 15,000
Center.
Louisiana
Army National Guard Abbeville National Guard Readiness 0 1,650
Center (P&D).
Army National Guard Camp Beauregard Energy Resilience 0 765
Conservation Investment
Program Project (P&D).
Maine
Army National Guard Saco Southern Maine Readiness 0 3,000
Center (P&D).
Army National Guard Woodville Training Range Complex (P&D)........ 0 1,400
Center
Michigan
Army National Guard Grayling Airfield National Guard Readiness 16,000 16,000
Center.
Minnesota
Army National Guard New Ulm Armory and Fms National Guard Readiness 17,000 17,000
Center.
Missouri
Army National Guard Aviation Aircraft Maintenance Hangar 0 5,600
Classification Repair Addition Phase IV (P&D).
Activity Depot
Nevada
Army National Guard Harry Reid Training National Guard Readiness 18,000 18,000
Center Center Add/Alt.
New Hampshire
Army National Guard Concord National Guard Wellness 0 2,000
Center (P&D).
New Mexico
Army National Guard Rio Rancho Vehicle Maintenance Shop 0 600
(P&D).
New York
Army National Guard Glenmore Rd Armory/Fms National Guard Vehicle 17,000 17,000
17 Maintenance Shop.
Army National Guard Lexington Armory National Guard Readiness 0 3,580
Center Addition/
Alteration (P&D).
North Carolina
Army National Guard Mcleansville Camp National Guard Vehicle 15,000 15,000
Burton Road Maintenance Shop.
Army National Guard Morrisville Army Aviation Flight 0 4,500
Facility #1 (P&D).
Oregon
Army National Guard Camp Umatilla Collective Training 0 14,243
Unaccompanied Housing.
Pennsylvania
Army National Guard Fort Indiantown Gap Eastern ARNG Aviation 0 2,700
Training Site (EAATS) Post-
Initial Military Training
Unaccompanied Housing
(P&D).
Army National Guard New Castle National Guard Readiness 0 2,360
Center (P&D).
Puerto Rico
Army National Guard Camp Santiago Joint Engineering/Housing 14,500 14,500
Maneuver Training Maintenance Shops (DPW).
Center
Tennessee
Army National Guard Smyrna Volunteer Army Maintenance Hangar 0 780
Training Site (P&D).
Vermont
Army National Guard Bennington National Guard Readiness 14,800 0
Center.
Army National Guard Ethan Allen Air Force Civil Support Team Facility 0 1,300
Base (P&D).
Army National Guard Ethan Allen Air Force Micro-Grid System (P&D).... 0 1,170
Base
Army National Guard Ethan Allen Firing Cantonment Area for 0 3,500
Range Training (P&D).
Army National Guard Ethan Allen Firing Castle Trail Bypass (All 0 500
Range Season Road) (P&D).
West Virginia
Army National Guard Buckhannon Brushy Fork National Guard Readiness 14,000 14,000
Center Add/Alt.
Army National Guard Martinsburg National Guard Readiness 0 1,500
Center (P&D).
Worldwide Unspecified
Army National Guard Unspecified Worldwide Cost to Complete: FY21 0 63,825
Locations Inflation Effects.
Army National Guard Unspecified Worldwide Cost to Complete: FY22 0 89,786
Locations Inflation Effects.
Army National Guard Unspecified Worldwide Cost to Complete: FY23 0 137,339
Locations Inflation Effects.
Army National Guard Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (P&D).
Army National Guard Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (UMMC).
Army National Guard Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Army National Guard Unspecified Worldwide Planning & Design.......... 28,245 38,245
Locations
Army National Guard Unspecified Worldwide Unaccompanied Barracks 0 15,243
Locations Planning and Design.
Army National Guard Unspecified Worldwide Unspecified Minor Military 35,933 55,933
Locations Construction.
Wyoming
Army National Guard Camp Guernsey Aviation Operations and 0 19,500
Fire Rescue Building.
Army National Guard TS NG Sheridan National Guard Vehicle 14,800 14,800
Maintenance Shop.
........................
Military Construction, Army National Guard Total 297,278 813,119
......................
ARMY RESERVE
California
Army Reserve Camp Pendleton Area Maintenance Support 0 13,000
Activity.
Florida
Army Reserve Perrine Army Reserve Center/AMSA... 46,000 46,000
Georgia
Army Reserve Dobbins Air Reserve Army Reserve Center (P&D).. 0 5,000
Base
Massachusetts
Army Reserve Fort Devens Cost to Complete: Multi- 0 3,000
Purpose Machine Gun Range.
Michigan
Army Reserve Southfield Cost to Complete: Area 0 1,600
Maintenance Shop.
North Carolina
Army Reserve Asheville Cost to Complete: Army 0 2,000
Reserve Center.
Ohio
Army Reserve Wright-Patterson Air Area Maintenance Support 0 16,000
Force Base Activity.
Army Reserve Wright-Patterson Air Cost to Complete: Army 0 2,000
Force Base Reserve Center.
Puerto Rico
Army Reserve Fort Buchanan Army Reserve Center........ 24,000 24,000
Washington
Army Reserve Yakima Equipment Concentration 0 22,000
Site Warehouse.
Wisconsin
Army Reserve Fort McCoy Transient Training Enlisted 0 38,000
Barracks.
Army Reserve Fort McCoy Transient Training Officer 0 26,000
Barracks.
Worldwide Unspecified
Army Reserve Unspecified Worldwide Barracks Planning and 0 3,000
Locations Design.
Army Reserve Unspecified Worldwide Cost to Complete: FY21 0 28,950
Locations Inflation Effects.
Army Reserve Unspecified Worldwide Cost to Complete: FY22 0 16,000
Locations Inflation Effects.
Army Reserve Unspecified Worldwide Cost to Complete: FY23 0 93,000
Locations Inflation Effects.
Army Reserve Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (P&D).
Army Reserve Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (UMMC).
Army Reserve Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Army Reserve Unspecified Worldwide Planning & Design.......... 0 20,000
Locations
Army Reserve Unspecified Worldwide Planning & Design.......... 9,829 29,829
Locations
Army Reserve Unspecified Worldwide Unaccompanied Barracks 0 20,000
Locations Planning and Design.
Army Reserve Unspecified Worldwide Unspecified Minor Military 20,049 40,049
Locations Construction.
........................
Military Construction, Army Reserve Total 99,878 449,428
......................
NAVY RESERVE & MARINE CORPS RESERVE
Hawaii
Navy/Marine Corps Reserve Marine Corps Base C-40 Aircraft Maintenance 0 40,000
Kaneohe Bay Hangar.
Michigan
Navy/Marine Corps Reserve Marine Forces Reserve Organic Supply Facilities.. 0 24,300
Battle Creek
Virginia
Navy/Marine Corps Reserve Marine Forces Reserve G/ATOR Support Facilities.. 0 10,400
Dam Neck Virginia
Beach
Worldwide Unspecified
Navy/Marine Corps Reserve Unspecified Worldwide Cost to Complete: FY22 0 7,854
Locations Inflation Effects.
Navy/Marine Corps Reserve Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects.
Navy/Marine Corps Reserve Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Navy/Marine Corps Reserve Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (UMMC).
Navy/Marine Corps Reserve Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (P&D).
Navy/Marine Corps Reserve Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (P&D).
Navy/Marine Corps Reserve Unspecified Worldwide MCNR Unspecified Minor 27,747 18,747
Locations Construction.
Navy/Marine Corps Reserve Unspecified Worldwide USMCR Planning & Design.... 2,590 2,590
Locations
........................
Military Construction, Navy Reserve Total 30,337 103,891
......................
AIR NATIONAL GUARD
Alabama
Air National Guard Birmingham Security and Services 7,500 0
International Airport Training Facility.
Air National Guard Montgomery Regional F-35 Weapons Load Crew 0 9,200
Airport Training.
Arizona
Air National Guard Morris Air National Base Entry Complex......... 0 12,000
Guard Base
Air National Guard Tucson International Land Acquisition........... 10,000 10,000
Airport
Florida
Air National Guard Jacksonville F-35 Construct Flight 22,200 22,200
International Airport Simulator Facility.
Air National Guard Jacksonville F-35 Munitions Maintenance 0 530
International Airport & Inspection Facility
(P&D).
Air National Guard Jacksonville F-35 Munitions Storage Area 0 770
International Airport Administration & Pad (P&D).
Illinois
Air National Guard Scott Air Force Base Maintenance Hangar & Shops 0 2,500
(P&D).
Indiana
Air National Guard Fort Wayne Munitions Maintenance & 12,800 12,800
International Airport Storage Complex.
Louisiana
Air National Guard New Orleans Munitions Administrative 0 1,650
Facility (P&D).
Missouri
Air National Guard Jefferson Barracks Air Combat Arms Training and 0 730
Guard Station Maintenance Facility (P&D).
Air National Guard Jefferson Barracks Air Consolidated Air Operations 0 2,100
Guard Station Group (157th Air
Operations Group) (P&D).
Air National Guard Rosecrans Air National Maintenance Hangar (P&D)... 0 3,400
Guard Base
Air National Guard Rosecrans Air National Parking Apron (P&D)........ 0 2,000
Guard Base
New Hampshire
Air National Guard Pease Air National Small Arms Range (P&D)..... 0 2,000
Guard Base
New Jersey
Air National Guard Atlantic City ADAL Main Hangar (P&D)..... 0 3,000
International Airport
Ohio
Air National Guard Rickenbacker Air Small Arms Range........... 0 8,000
National Guard Base
Rhode Island
Air National Guard Quonset State Airport Consolidated Headquarters 0 35,000
Medical & Dining Facility.
Tennessee
Air National Guard McGhee Tyson Airport KC-135 Maintenance Shops... 23,800 23,800
Vermont
Air National Guard Burlington Cyber Operations Squadron 0 1,000
International Airport Building (P&D).
West Virginia
Air National Guard Mclaughlin Air C-130J Apron Expansion..... 0 10,000
National Guard Base
Air National Guard Mclaughlin Air Indoor Small Arms Range 0 640
National Guard Base (P&D).
Air National Guard Mclaughlin Air Squadron Operations 0 1,500
National Guard Base Building (P&D).
Worldwide Unspecified
Air National Guard Unspecified Worldwide Cost to Complete: FY22 0 67,800
Locations Inflation Effects.
Air National Guard Unspecified Worldwide Cost to Complete: FY23 0 33,900
Locations Inflation Effects.
Air National Guard Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Air National Guard Unspecified Worldwide Planning & Design.......... 28,412 40,412
Locations
Air National Guard Unspecified Worldwide Unspecified Minor Military 44,171 57,171
Locations Construction.
........................
Military Construction, Air National Guard Total 148,883 364,103
......................
AIR FORCE RESERVE
Arizona
Air Force Reserve Davis Monthan Air 610th CACS Command & 0 8,000
Force Base Control Facility.
California
Air Force Reserve Beale Air Force Base 940 ARW Squad OPS/AMU...... 33,000 0
Massachusetts
Air Force Reserve Westover Air Reserve Taxiway Golf Extension 0 1,900
Base (P&D).
Mississippi
Air Force Reserve Keesler Air Force Base Aeromedical Evacuation 0 10,000
Training Facility.
New York
Air Force Reserve Niagara Falls Arsenal Combined Operations and 0 2,800
Alert Facility (P&D).
Oklahoma
Air Force Reserve Tinker Air Force Base 10th Flight Test Squadron 0 12,500
Facility.
Virginia
Air Force Reserve Langley Air Force Base Intelligence Group Facility 0 10,500
Worldwide Unspecified
Air Force Reserve Unspecified Worldwide Cost to Complete: FY22 0 11,800
Locations Inflation Effects.
Air Force Reserve Unspecified Worldwide Cost to Complete: FY23 0 37,500
Locations Inflation Effects.
Air Force Reserve Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Air Force Reserve Unspecified Worldwide Planning & Design.......... 11,773 21,773
Locations
Air Force Reserve Unspecified Worldwide Unspecified Minor Military 11,850 31,850
Locations Construction.
Air Force Reserve Unspecified Worldwide Unspecified UPL Project.... 0 0
Locations
........................
Military Construction, Air Force Reserve Total 56,623 148,623
......................
NATO SECURITY INVESTMENT PROGRAM
Worldwide Unspecified
NATO NATO Security Inflation & Market 0 0
Investment Program Adjustment Fund.
NATO NATO Security NATO Security Investment 210,139 210,139
Investment Program Program.
........................
NATO Security Investment Program Total 210,139 210,139
......................
FAMILY HOUSING CONSTRUCTION, ARMY
Germany
FH Con, Army Baumholder Cost to Complete: FY19 0 48,100
Family Housing New
Construction.
FH Con, Army Baumholder Cost to Complete: FY20 0 57,222
Family Housing New
Construction.
FH Con, Army Baumholder Cost to Complete: FY23 0 16,500
Family Housing New
Construction.
FH Con, Army Baumholder Family Housing Improvements 0 20,000
FH Con, Army Baumholder Family Housing Replacement 57,000 57,000
Construction.
FH Con, Army Vilseck Cost to Complete: Family 0 13,000
Housing New Construction.
Italy
FH Con, Army Vicenza Cost to Complete: FY21 0 16,510
Family Housing New
Construction.
FH Con, Army Vicenza Cost to Complete: FY22 0 7,280
Family Housing New
Construction.
FH Con, Army Vicenza Cost to Complete: FY23 0 27,750
Family Housing New
Construction.
FH Con, Army Vicenza Family Housing New 95,000 40,000
Construction.
Kwajalein
FH Con, Army Kwajalein Atoll Cost to Complete: Family 0 47,060
Housing Replacement.
FH Con, Army Kwajalein Atoll Cost to Complete: Family 0 39,400
Housing Replacement (FY21).
Worldwide Unspecified
FH Con, Army Unspecified Worldwide Cost to Complete: Family 0 138,783
Locations Housing Construction.
FH Con, Army Unspecified Worldwide Cost to Complete: FY21 0 202,682
Locations Inflation Effects.
FH Con, Army Unspecified Worldwide Cost to Complete: FY22 0 29,800
Locations Inflation Effects.
FH Con, Army Unspecified Worldwide Cost to Complete: FY23 0 73,050
Locations Inflation Effects.
FH Con, Army Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (P&D).
FH Con, Army Unspecified Worldwide Family Housing P&D......... 17,339 17,339
Locations
FH Con, Army Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
........................
Family Housing Construction, Army Total 169,339 851,476
......................
FAMILY HOUSING O&M, ARMY
Worldwide Unspecified
FH Ops, Army Unspecified Worldwide Furnishings................ 22,911 22,911
Locations
FH Ops, Army Unspecified Worldwide Housing Privatization 65,740 70,740
Locations Support.
FH Ops, Army Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
FH Ops, Army Unspecified Worldwide Leasing.................... 127,499 127,499
Locations
FH Ops, Army Unspecified Worldwide Maintenance................ 117,555 117,555
Locations
FH Ops, Army Unspecified Worldwide Management................. 45,718 50,718
Locations
FH Ops, Army Unspecified Worldwide Miscellaneous.............. 559 559
Locations
FH Ops, Army Unspecified Worldwide Services................... 9,580 9,580
Locations
FH Ops, Army Unspecified Worldwide Utilities.................. 46,849 46,849
Locations
........................
Family Housing Operation and Maintenance, Army Total 436,411 446,411
......................
FAMILY HOUSING CONSTRUCTION, NAVY & MARINE CORPS
District of Columbia
FH Con, Navy United States Marine Design..................... 7,043 7,043
Corps Headquarters
FH Con, Navy United States Marine Improvements............... 74,540 74,540
Corps Headquarters
Guam
FH Con, Navy Naval Support Activity Replace Andersen Housing PH 86,390 98,485
Andersen IV.
FH Con, Navy Naval Support Activity Replace Andersen Housing PH 93,259 106,315
Andersen V.
FH Con, Navy Naval Support Activity Replace Andersen Housing PH 68,985 68,985
Andersen VI.
Worldwide Unspecified
FH Con, Navy Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects.
FH Con, Navy Unspecified Worldwide Cost to Complete: FY23 0 45,244
Locations Inflation Effects.
FH Con, Navy Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
FH Con, Navy Unspecified Worldwide USMC DPRI/Guam Planning & 7,080 7,080
Locations Design.
........................
Family Housing Construction, Navy and Marine Corps Total 337,297 407,692
......................
FAMILY HOUSING O&M, NAVY & MARINE CORPS
Worldwide Unspecified
FH Ops, Navy Unspecified Worldwide Furnishings................ 16,182 16,182
Locations
FH Ops, Navy Unspecified Worldwide Housing Privatization 61,605 66,605
Locations Support.
FH Ops, Navy Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
FH Ops, Navy Unspecified Worldwide Leasing.................... 66,333 66,333
Locations
FH Ops, Navy Unspecified Worldwide Maintenance................ 105,470 105,470
Locations
FH Ops, Navy Unspecified Worldwide Management................. 59,312 64,312
Locations
FH Ops, Navy Unspecified Worldwide Miscellaneous.............. 411 411
Locations
FH Ops, Navy Unspecified Worldwide Services................... 16,494 16,494
Locations
FH Ops, Navy Unspecified Worldwide Utilities.................. 42,417 42,417
Locations
........................
Family Housing Operation and Maintenance, Navy and Marine Corps Total 368,224 378,224
......................
FAMILY HOUSING CONSTRUCTION, AIR FORCE
Delaware
FH Con, Air Force Dover Air Force Base MHPI Restructure........... 25,492 25,492
Florida
FH Con, Air Force Tyndall Air Force Base AETC Restructuring......... 150,685 150,685
Illinois
FH Con, Air Force Scott Air Force Base MHPI Restructure........... 52,003 52,003
Japan
FH Con, Air Force Kadena Air Base Family Housing North 0 3,800
Terrance Improvement,
Phase 2 (4 Units).
Maryland
FH Con, Air Force Andrews Air Force Base MHPI Equity Contribution 1,878 1,878
CMSSF House.
Worldwide Unspecified
FH Con, Air Force Unspecified Worldwide Family Housing Construction 0 15,000
P&D.
FH Con, Air Force Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
FH Con, Air Force Unspecified Worldwide Planning & Design.......... 2,730 2,730
Locations
........................
Family Housing Construction, Air Force Total 232,788 251,588
......................
FAMILY HOUSING O&M, AIR FORCE
Worldwide Unspecified
FH Ops, Air Force Unspecified Worldwide Furnishings................ 27,379 27,379
Locations
FH Ops, Air Force Unspecified Worldwide Housing Privatization...... 33,517 38,517
Locations
FH Ops, Air Force Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
FH Ops, Air Force Unspecified Worldwide Leasing.................... 7,882 7,882
Locations
FH Ops, Air Force Unspecified Worldwide Maintenance................ 150,375 150,375
Locations
FH Ops, Air Force Unspecified Worldwide Management................. 77,042 82,042
Locations
FH Ops, Air Force Unspecified Worldwide Miscellaneous.............. 2,240 2,240
Locations
FH Ops, Air Force Unspecified Worldwide Services................... 10,570 10,570
Locations
FH Ops, Air Force Unspecified Worldwide Utilities.................. 46,217 46,217
Locations
........................
Family Housing Operation and Maintenance, Air Force Total 355,222 365,222
......................
FAMILY HOUSING O&M, DEFENSE-WIDE
Worldwide Unspecified
FH Ops, Defense-Wide Unspecified Worldwide Furnishings................ 87 87
Locations
FH Ops, Defense-Wide Unspecified Worldwide Furnishings................ 656 656
Locations
FH Ops, Defense-Wide Unspecified Worldwide Leasing.................... 13,306 13,306
Locations
FH Ops, Defense-Wide Unspecified Worldwide Leasing.................... 31,849 31,849
Locations
FH Ops, Defense-Wide Unspecified Worldwide Maintenance................ 34 34
Locations
FH Ops, Defense-Wide Unspecified Worldwide Utilities.................. 15 15
Locations
FH Ops, Defense-Wide Unspecified Worldwide Utilities.................. 4,166 4,166
Locations
........................
Family Housing Operation and Maintenance, Defense-Wide Total 50,113 50,113
......................
FAMILY HOUSING IMPROVEMENT FUND
Worldwide Unspecified
FHIF Unspecified Worldwide Administrative Expenses-- 6,442 6,442
Locations FHIF.
FHIF Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
........................
Family Housing Improvement Fund Total 6,442 6,442
......................
UNACCOMPANIED HOUSING IMPROVEMENT FUND
Worldwide Unspecified
UHIF Unspecified Worldwide Administrative Expenses-- 494 494
Locations UHIF.
........................
Unaccompanied Housing Improvement Fund Total 494 494
......................
BASE REALIGNMENT AND CLOSURE, ARMY
Worldwide Unspecified
BRAC, Army Unspecified Worldwide Base Realignment & Closure. 67,706 117,706
Locations
BRAC, Army Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
........................
Base Realignment and Closure--Army Total 67,706 117,706
......................
BASE REALIGNMENT AND CLOSURE, NAVY
Worldwide Unspecified
BRAC, Navy Unspecified Worldwide Base Realignment & Closure. 106,664 156,664
Locations
BRAC, Navy Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
........................
Base Realignment and Closure--Navy Total 106,664 156,664
......................
BASE REALIGNMENT AND CLOSURE, AIR FORCE
Worldwide Unspecified
BRAC, Air Force Unspecified Worldwide Base Realignment & Closure. 107,311 157,311
Locations
BRAC, Air Force Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
........................
Base Realignment and Closure--Air Force Total 107,311 157,311
......................
BASE REALIGNMENT AND CLOSURE, DEFENSE-WIDE
Worldwide Unspecified
BRAC, Defense-Wide Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
BRAC, Defense-Wide Unspecified Worldwide INT-4: DLA Activities...... 3,006 3,006
Locations
........................
Base Realignment and Closure--Defense-wide Total 3,006 3,006
......................
Total, Military Construction 12,153,965 19,485,723
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2023 Conference
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary by Appropriation
Energy and Water Development and Related
Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy...................... 156,600 156,600
Atomic Energy Defense Activities
National Nuclear Security
Administration:
Weapons Activities................ 16,486,298 17,359,798
Defense Nuclear Nonproliferation.. 2,346,257 2,353,257
Naval Reactors.................... 2,081,445 2,081,445
Federal Salaries and Expenses..... 496,400 496,400
Total, National Nuclear Security 21,410,400 22,290,900
Administration.....................
Defense Environmental Cleanup....... 6,914,532 6,802,611
Defense Uranium Enrichment D&D...... 0 0
Other Defense Activities............ 978,351 978,351
Total, Atomic Energy Defense 29,303,283 30,071,862
Activities...........................
Total, Discretionary Funding.............. 29,459,883 30,228,462
Nuclear Energy
Safeguards and security................. 156,600 156,600
Total, Nuclear Energy..................... 156,600 156,600
National Nuclear Security Administration
Weapons Activities
Stockpile management
Stockpile major modernization
B61 Life extension program.......... 672,019 672,019
W88 Alteration program.............. 162,057 162,057
W80-4 Life extension program........ 1,122,451 1,122,451
W80-4 ALT SLCM...................... 0 20,000
Research and development for a (20,000)
nuclear warhead for a nuclear-
capable sea-launched cruise
missile........................
W87-1 Modification Program.......... 680,127 680,127
W93................................. 240,509 240,509
Subtotal, Stockpile major 2,877,163 2,897,163
modernization........................
Stockpile sustainment..................... 1,321,139 1,321,139
Weapons dismantlement and disposition..... 50,966 50,966
Production operations..................... 630,894 630,894
Nuclear enterprise assurance.............. 48,911 48,911
Total, Stockpile management............. 4,929,073 4,949,073
Production Modernization
Primary Capability Modernization
Plutonium Modernization
Los Alamos Plutonium Modernization
Los Alamos Plutonium Operations. 767,412 767,412
21-D-512, Plutonium Pit 588,234 588,234
Production Project, LANL.......
15-D-302, TA-55 Reinvestments 30,002 30,002
Project, Phase 3, LANL.........
07-D-220-04, Transuranic Liquid 24,759 24,759
Waste Facility, LANL...........
04-D-125, Chemistry and 162,012 162,012
Metallurgy Research Replacement
Project, LANL..................
Subtotal, Los Alamos Plutonium 1,572,419 1,572,419
Modernization....................
Savannah River Plutonium Modernization
Savannah River Plutonium 58,300 58,300
Operations.....................
21-D-511, Savannah River 700,000 1,200,000
Plutonium Processing Facility,
SRS............................
Program increase--glovebox (200,000)
long lead procurement......
Program increase--long lead (100,000)
items......................
Program increase--demolition (165,000)
of MOX buildling...........
Program increase--site prep. (35,000)
Subtotal, Savannah River Plutonium 758,300 1,258,300
Modernization....................
Enterprise Plutonium Support.......... 88,993 88,993
Total, Plutonium Modernization.......... 2,419,712 2,919,712
High Explosives & Energetics
High Explosives & Energetics.... 101,380 101,380
23-D-516, Energetic Materials 19,000 19,000
Characterization Facility, LANL
21-D-510, HE Synthesis, 108,000 133,000
Formulation, and Production, PX
Project risk reduction...... (25,000)
15-D-301, HE Science & 20,000 30,000
Engineering Facility, PX.......
Project risk reduction...... (10,000)
Subtotal, High Explosives & 248,380 283,380
Energetics.......................
Total, Primary Capability Modernization... 2,668,092 3,203,092
Secondary Capability Modernization
Secondary Capability Modernization...... 536,363 544,363
Program increase--calciner.......... (8,000)
18-D-690, Lithium Processing Facility, Y- 216,886 216,886
12.....................................
06-D-141, Uranium Processing Facility, Y- 362,000 362,000
12.....................................
Total, Secondary Capability Modernization. 1,115,249 1,123,249
Tritium and Domestic Uranium Enrichment
Tritium and Domestic Uranium Enrichment. 506,649 506,649
18-D-650, Tritium Finishing Facility, 73,300 73,300
SRS....................................
Total, Tritium and Domestic Uranium 579,949 579,949
Enrichment...............................
Non-Nuclear Capability Modernization...... 123,084 123,084
Capability Based Investments.............. 154,220 154,220
Total, Production Modernization......... 4,640,594 5,183,594
Stockpile research, technology, and
engineering
Assessment Science
Assessment Science.................. 801,668 861,668
Enhanced Capability for (60,000)
Subcritical Experiments (ECSE)
and Hydrodynamic and Subcritical
Experiment Execution Support.....
17-D-640, U1a Complex Enhancements 53,130 53,130
Project, NNSS......................
Total, Assessment Science............. 854,798 914,798
Engineering and integrated assessments 366,455 366,455
Inertial confinement fusion........... 544,095 624,095
Program increase.................... (80,000)
Advanced simulation and computing..... 742,646 842,146
Program increase.................... (99,500)
Weapon technology and manufacturing 286,165 296,165
maturation...........................
Program increase.................... (10,000)
Academic programs..................... 100,499 100,499
Total, Stockpile research, technology, 2,894,658 3,144,158
and engineering........................
Infrastructure and operations
Operating
Operations of facilities............ 1,038,000 1,046,000
Program increase................ (8,000)
Safety and Environmental Operations. 162,000 162,000
Maintenance and Repair of Facilities 680,000 725,000
Deferred maintenance............ (45,000)
Recapitalization
Infrastructure and Safety......... 561,663 561,663
Planning for Programmatic 0 0
Construction (Pre-CD-1)..........
Subtotal, Recapitalization.......... 561,663 561,663
Total, Operating...................... 2,441,663 2,494,663
Mission enabling construction
22-D-514 Digital Infrastructure 67,300 67,300
Capability Expansion...............
22-D-517 Electrical Power Capacity 24,000 24,000
Upgrade, LANL......................
22-D-518 Plutonium Modernization Ops 48,500 48,500
& Waste Mngmt Office Bldg, LANL....
23-D-519 Special Material Facility, 49,500 49,500
Y-12...............................
Total, Mission enabling construction.. 189,300 189,300
Total, Infrastructure and operations.... 2,630,963 2,683,963
Secure transportation asset
Operations and equipment.............. 214,367 214,367
Program direction..................... 130,070 130,070
Total, Secure transportation asset...... 344,437 344,437
Defense nuclear security
Operations and maintenance............ 878,363 878,363
Construction:
17-D-710, West end protected area 3,928 11,928
reduction project, Y-12............
Program increase................ (8,000)
Subtotal, Construction................ 3,928 11,928
Total, Defense nuclear security......... 882,291 890,291
Information technology and cybersecurity.. 445,654 445,654
Legacy contractor pensions and settlement 114,632 114,632
payments.................................
Total, Weapons Activities................. 16,882,302 17,755,802
Adjustments
Use of prior year balances............ -396,004 -396,004
Total, Adjustments........................ -396,004 -396,004
Total, Weapons Activities................. 16,486,298 17,359,798
Defense Nuclear Nonproliferation
Material management and minimization
Conversion (formerly HEU Reactor 153,260 153,260
Conversion)..........................
Nuclear material removal.............. 41,600 41,600
Material disposition.................. 256,025 256,025
Total, Material management & 450,885 450,885
minimization...........................
Global material security
International nuclear security........ 81,155 81,155
Radiological security................. 244,827 244,827
Nuclear smuggling detection and 178,095 178,095
deterrence...........................
Total, Global material security......... 504,077 504,077
Nonproliferation and arms control....... 207,656 207,656
Defense nuclear nonproliferation R&D
Proliferation detection............... 287,283 287,283
Nonproliferation stewardship program.. 109,343 109,343
Nuclear detonation detection.......... 279,205 279,205
Forensics R&D......................... 44,414 44,414
Nonproliferation fuels development.... 0 0
Nuclear Fuels Development............. 0 20,000
Total, Defense Nuclear Nonproliferation 720,245 740,245
R&D....................................
Nonproliferation construction
18-D-150 Surplus Plutonium Disposition 71,764 71,764
Project, SRS.........................
Total, Nonproliferation construction.... 71,764 71,764
NNSA Bioassurance Program............... 20,000 5,000
Program reduction..................... (-15,000)
Legacy contractor pensions and 55,708 55,708
settlement payments....................
Nuclear counterterrorism and incident
response program
Emergency Operations.................. 29,896 29,896
Counterterrorism and 409,074 409,074
Counterproliferation.................
NA-82 Counterproliferation classified 0 2,000
program increase.....................
Total, Nuclear counterterrorism and 438,970 438,970
incident response program..............
Subtotal, Defense Nuclear Nonproliferation 2,469,305 2,476,305
Adjustments
Use of prior year balances............ -123,048 -123,048
Total, Adjustments...................... -123,048 -123,048
Total, Defense Nuclear Nonproliferation... 2,346,257 2,353,257
Naval Reactors
Naval reactors development.............. 798,590 798,590
Columbia-Class reactor systems 53,900 53,900
development............................
S8G Prototype refueling................. 20,000 20,000
Naval reactors operations and 695,165 695,165
infrastructure.........................
Program direction....................... 58,525 58,525
Construction:
23-D-533 BL Component Test Complex.... 57,420 57,420
22-D-532 Security Upgrades KL......... 0 0
22-D-531 KL Chemistry & Radiological 0 0
Health Building......................
14-D-901 Spent Fuel Handling 397,845 397,845
Recapitalization Project, NRF........
21-D-530 KL Steam and Condensate 0 0
Upgrades.............................
Total, Construction..................... 455,265 455,265
Total, Naval Reactors..................... 2,081,445 2,081,445
Federal Salaries and Expenses
Program direction....................... 513,200 513,200
Use of prior year balances.............. -16,800 -16,800
Total, Federal Salaries and Expenses...... 496,400 496,400
TOTAL, National Nuclear Security 21,410,400 22,290,900
Administration...........................
Defense Environmental Cleanup
Closure sites administration.......... 4,067 4,067
Richland
River corridor and other cleanup 135,000 221,000
operations...........................
Program increase.................. (86,000)
Central plateau remediation........... 650,240 672,240
Program increase.................. (22,000)
Richland community and regulatory 10,013 10,013
support..............................
18-D-404 Modification of Waste 3,100 3,100
Encapsulation and Storage Facility...
22-D-401 L-888, 400 Area Fire Station. 3,100 3,100
22-D-402 L-897, 200 Area Water 8,900 8,900
Treatment Facility...................
23-D-404 181D Export Water System 6,770 6,770
Reconfiguration and Upgrade..........
23-D-405 181B Export Water System 480 480
Reconfiguration and Upgrade..........
Total, Richland......................... 817,603 925,603
Office of River Protection:
Waste Treatment Immobilization Plant 462,700 462,700
Commissioning........................
Rad liquid tank waste stabilization 801,100 811,100
and disposition......................
Program increase.................. (10,000)
Construction
23-D-403 Hanford 200 West Area 4,408 4,408
Tank Farms Risk Management
Project..........................
18-D-16 Waste treatment and 0 0
immobilization plant--LBL/Direct
feed LAW.........................
01-D-16D, High-level waste 316,200 358,939
facility.........................
Program increase.............. (42,739)
01-D-16E, Pretreatment Facility... 20,000 20,000
Subtotal, Construction................ 340,608 383,347
ORP Low-level waste offsite disposal.. 0 0
Total, Office of River Protection....... 1,604,408 1,657,147
Idaho National Laboratory:
Idaho cleanup and waste disposition... 350,658 350,658
Idaho community and regulatory support 2,705 2,705
Construction
22-D-403 Idaho Spent Nuclear Fuel 8,000 8,000
Staging Facility.................
22-D-404 Addl ICDF Landfill 8,000 8,000
Disposal Cell and Evaporation
Ponds Project....................
22-D-402 Calcine Construction..... 10,000 10,000
Subtotal, Construction................ 26,000 26,000
Total, Idaho National Laboratory........ 379,363 379,363
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory 1,842 1,842
LLNL Excess Facilities D&D............ 12,004 22,004
Program increase.................. (10,000)
Separations Processing Research Unit.. 15,300 15,300
Nevada Test Site...................... 62,652 62,652
Sandia National Laboratory............ 4,003 4,003
Los Alamos National Laboratory........ 286,316 286,316
Los Alamos Excess Facilities D&D...... 40,519 40,519
Total, NNSA sites and Nevada off-sites.. 422,636 432,636
Oak Ridge Reservation:
OR Nuclear Facility D&D............... 334,221 339,221
Program increase.................. (5,000)
U233 Disposition Program.............. 47,628 47,628
OR cleanup and waste disposition...... 62,000 62,000
Construction
17-D-401 On-site waste disposal 35,000 35,000
facility.........................
14-D-403 Outfall 200 Mercury 0 0
Treatment Facility...............
Subtotal, Construction................ 35,000 35,000
OR community & regulatory support..... 5,300 5,300
OR technology development and 3,000 3,000
deployment...........................
Total, Oak Ridge Reservation............ 487,149 492,149
Savannah River Site:
Savannah River risk management 416,317 460,317
operations...........................
Program increase.................. (44,000)
Savannah River legacy pensions........ 132,294 132,294
Savannah River community and 12,137 12,137
regulatory support...................
Savannah River National Laboratory O&M 41,000 41,000
Construction:
20-D-401 Saltstone Disposal Unit 37,668 37,668
#10, 11, 12......................
19-D-701 SR Security systems 5,000 5,000
replacement......................
18-D-402 Saltstone Disposal Unit 49,832 49,832
#8, 9............................
18-D-402 Emergency Operations 25,568 25,568
Center Replacement, SR...........
Subtotal, Construction................ 118,068 118,068
Radioactive liquid tank waste 851,660 931,000
stabilization........................
Program increase.................. (79,340)
Total, Savannah River Site.............. 1,571,476 1,694,816
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant........... 371,943 371,943
Construction:
15-D-411 Safety significant 59,073 59,073
confinement ventilation system,
WIPP.............................
15-D-412 Exhaust shaft, WIPP...... 25,000 25,000
Program increase.................. 6,000
Total, Construction................... 84,073 90,073
Total, Waste Isolation Pilot Plant...... 456,016 462,016
Program direction--Defense Environmental 317,002 317,002
Cleanup................................
Program support--Defense Environmental 103,239 103,239
Cleanup................................
Safeguards and Security--Defense 309,573 309,573
Environmental Cleanup..................
Technology development and deployment... 25,000 25,000
Federal contribution to the Uranium 417,000 0
Enrichment D&D Fund....................
Program reduction..................... (-417,000)
Subtotal, Defense Environmental Cleanup... 6,914,532 6,802,611
TOTAL, Defense Environmental Cleanup...... 6,914,532 6,802,611
Defense Uranium Enrichment D&D............ 0 0
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and 138,854 138,854
security mission support.............
Program direction..................... 76,685 76,685
Total, Environment, health, safety and 215,539 215,539
security...............................
Office of Enterprise Assessments
Enterprise assessments................ 27,486 27,486
Program direction..................... 57,941 57,941
Total, Office of Enterprise Assessments. 85,427 85,427
Specialized security activities......... 306,067 306,067
Legacy Management
Legacy Management Activities--Defense. 174,163 174,163
Program Direction..................... 21,983 21,983
Total, Legacy Management................ 196,146 196,146
Defense-related administrative support.. 170,695 170,695
Office of hearings and appeals.......... 4,477 4,477
Subtotal, Other defense activities...... 978,351 978,351
Use of prior year balances.............. 0 0
Total, Other Defense Activities........... 978,351 978,351
------------------------------------------------------------------------
DIVISION E--NON-DEPARTMENT OF DEFENSE MATTERS
TITLE LI--VETERANS AFFAIRS MATTERS
Subtitle A--Advisory Committees
Sec. 5101. Annual report from Advisory Committee on Women Veterans.
Sec. 5102. Department of Veterans Affairs Advisory Committee on United
States Outlying Areas and Freely Associated
States.
Subtitle B--Studies and Reports
Sec. 5111. Secretary of Veterans Affairs study on dissemination of
information on Department of Veterans
Affairs home loan benefits.
Sec. 5112. GAO study on post-market surveillance of medical devices by
Department of Veterans Affairs.
Sec. 5113. Department of Veterans Affairs report on supportive services
and housing insecurity.
Sec. 5114. Report on handling of certain records of the Department of
Veterans Affairs.
Subtitle C--Other Matters
Sec. 5121. Improved application of employment and reemployment rights
of all members of uniformed services.
Sec. 5122. Competitive pay for health care providers of Department of
Veterans Affairs.
Sec. 5123. Definition of land use revenue under West Los Angeles
Leasing Act of 2016.
Sec. 5124. Technical corrections to Honoring our PACT Act of 2022.
Sec. 5125. Improving pilot program on acceptance by the Department of
Veterans Affairs of donated facilities and
related improvements.
Sec. 5126. Improvement of Vet Centers at Department of Veterans
Affairs.
Sec. 5127. Information on certain veterans with prior medical
occupations; program on intermediate care
technicians of Department of Veterans
Affairs.
Subtitle A--Advisory Committees
SEC. 5101. ANNUAL REPORT FROM ADVISORY COMMITTEE ON WOMEN VETERANS.
Section 542(c)(1) of title 38, United States Code, is amended by
striking ``even-numbered year'' and inserting ``year''.
SEC. 5102. DEPARTMENT OF VETERANS AFFAIRS ADVISORY COMMITTEE ON UNITED
STATES OUTLYING AREAS AND FREELY ASSOCIATED STATES.
(a) Establishment of Advisory Committee.--Subchapter III of chapter
5 of title 38, United States Code, is amended by adding at the end the
following new section (and conforming the table of sections at the
beginning of such chapter accordingly):
``Sec. 548. Advisory Committee on United States Outlying Areas and
Freely Associated States
``(a) Establishment.--The Secretary shall establish an advisory
committee, to be known as the `Advisory Committee on United States
Outlying Areas and Freely Associated States', to provide advice and
guidance to the Secretary on matters relating to covered veterans.
``(b) Duties.--The duties of the Committee shall be the following:
``(1) To advise the Secretary on matters relating to
covered veterans, including how the Secretary may improve the
programs and services of the Department to better serve such
veterans.
``(2) To identify for the Secretary evolving issues of
relevance to covered veterans.
``(3) To propose clarifications, recommendations, and
solutions to address issues raised by covered veterans.
``(4) To provide a forum for covered veterans, veterans
service organizations serving covered veterans, and the
Department to discuss issues and proposals for changes to
regulations, policies, and procedures of the Department.
``(5) To identify priorities for and provide advice to the
Secretary on appropriate strategies for consultation with
veterans service organizations serving covered veterans.
``(6) To encourage the Secretary to work with the heads of
other Federal departments and agencies, and Congress, to ensure
covered veterans are provided the full benefits of their status
as covered veterans.
``(7) To highlight contributions of covered veterans in the
Armed Forces.
``(8) To conduct other duties as determined appropriate by
the Secretary.
``(c) Membership.--(1) The Committee shall be comprised of 15
voting members appointed by the Secretary.
``(2) In appointing members pursuant to paragraph (1), the
Secretary shall ensure the following:
``(A) At least one member is appointed to represent covered
veterans in each of the following areas:
``(i) American Samoa.
``(ii) Guam.
``(iii) Puerto Rico.
``(iv) The Commonwealth of the Northern Mariana
Islands.
``(v) The Virgin Islands of the United States.
``(vi) The Federated States of Micronesia.
``(vii) The Republic of the Marshall Islands.
``(viii) The Republic of Palau.
``(B) Not fewer than half of the members appointed are
covered veterans, unless the Secretary determines that an
insufficient number of qualified covered veterans are
available.
``(C) Each member appointed resides in an area specified in
subparagraph (A).
``(3) In appointing members pursuant to paragraph (1), the
Secretary may consult with any Member of Congress who represents an
area specified in paragraph (2)(A).
``(4) In addition to the members appointed pursuant to paragraph
(1), the Committee shall be comprised of such ex officio members as the
Secretary of State and the Secretary of the Interior shall appoint from
among employees of the Department of State and the Department of the
Interior, respectively.
``(d) Terms; Vacancies.--(1) A member of the Committee--
``(A) shall be appointed for a term of two years; and
``(B) may be reappointed to serve an additional two-year
term.
``(2) Not later than 180 days after the Secretary (or in the case
of an ex officio member, the Secretary of State or the Secretary of the
Interior, as the case may be) receives notice of a vacancy in the
Committee, the vacancy shall be filled in the same manner as the
original appointment.
``(e) Meeting Format and Frequency.--(1) Except as provided in
paragraph (2), the Committee shall meet in-person with the Secretary
not less frequently than once each year and hold monthly conference
calls as necessary.
``(2) Meetings held under paragraph (1) may be conducted virtually
if determined necessary based on--
``(A) Department protocols; and
``(B) timing and budget considerations.
``(f) Additional Representation.--(1) Representatives of relevant
Federal departments and agencies may attend meetings of the Committee
and provide information to the Committee.
``(2) One representative of the Department shall attend each
meeting of the Committee.
``(3) Representatives attending meetings under this subsection--
``(A) may not be considered voting members of the
Committee; and
``(B) may not receive additional compensation for services
performed with respect to the Committee.
``(g) Subcommittees.--(1) The Committee may establish
subcommittees.
``(2) The Secretary may, in consultation with the Committee,
appoint a member to a subcommittee established under paragraph (1) who
is not a member of the Committee.
``(3) A subcommittee established under paragraph (1) may enhance
the function of the Committee, but may not supersede the authority of
the Committee or provide direct advice or work products to the
Secretary.
``(h) Reports.--(1) Not less frequently than once every two years,
the Committee shall submit to the Secretary and the appropriate
congressional committees a report--
``(A) containing such recommendations as the Committee may
have for legislative or administrative action; and
``(B) describing the activities of the Committee during the
previous two years.
``(2) Not later than 120 days after the date on which the Secretary
receives a report under paragraph (1), the Secretary shall submit to
the appropriate congressional committees a written response to the
report after--
``(A) giving the Committee an opportunity to review such
written response; and
``(B) including in such written response any comments the
Committee considers appropriate.
``(3) The Secretary shall make publicly available on an internet
website of the Department--
``(A) each report the Secretary receives under paragraph
(1); and
``(B) each written response the Secretary submits under
paragraph (2).
``(i) Committee Personnel Matters.--A member of the Committee shall
be allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for an employee of an agency under subchapter I of
chapter 57 of title 5 while away from the home or regular place of
business of the member in the performance of the duties of the
Committee.
``(j) Consultation.--In carrying out this section, the Secretary
shall consult with veterans service organizations serving covered
veterans.
``(k) Termination.--The Committee shall terminate on the date that
is 10 years after the date of the enactment of this section.
``(l) Definitions.--In this section:
``(1) The term `appropriate congressional committees'
means--
``(A) the Committee on Veterans' Affairs of the
House of Representatives; and
``(B) the Committee on Veterans' Affairs of the
Senate.
``(2) The term `Committee' means the Advisory Committee on
United States Outlying Areas and Freely Associated States
established under subsection (a).
``(3) The term `covered veteran' means a veteran residing
in an area specified in subsection (c)(2)(A).
``(4) The term `veterans service organization serving
covered veterans' means any organization that--
``(A) serves the interests of covered veterans;
``(B) has covered veterans in substantive and
policymaking positions within the organization; and
``(C) has demonstrated experience working with
covered veterans.''.
(b) Deadline for Establishment.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Veterans Affairs
shall establish the advisory committee required by section 548 of title
38, United States Code, as added by subsection (a) of this section.
(c) Deadline for Initial Appointments.--Not later than 90 days
after the date on which the Secretary establishes the advisory
committee required by such section 548, the members of such advisory
committee shall be appointed.
(d) Initial Meeting.--Not later than 180 days after the date on
which the Secretary establishes the advisory committee required by such
section 548, such advisory committee shall hold its first meeting.
Subtitle B--Studies and Reports
SEC. 5111. SECRETARY OF VETERANS AFFAIRS STUDY ON DISSEMINATION OF
INFORMATION ON DEPARTMENT OF VETERANS AFFAIRS HOME LOAN
BENEFITS.
(a) Study.--The Secretary of Veterans Affairs shall conduct a study
to identify the means by which the Secretary informs lenders and
veterans about the availability of loans guaranteed by the Department
of Veterans Affairs under chapter 37 of title 38, United States Code,
for any purpose described in section 3710(a) of such title.
(b) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall--
(1) submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the results of the study conducted
under subsection (a); and
(2) make such report publicly available on an appropriate
website of the Department of Veterans Affairs.
SEC. 5112. GAO STUDY ON POST-MARKET SURVEILLANCE OF MEDICAL DEVICES BY
DEPARTMENT OF VETERANS AFFAIRS.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the efforts of the Under Secretary of Veterans
Affairs for Health relating to post-market surveillance of implantable
medical devices.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Veterans' Affairs of the House of Representatives and the
Senate a report on the findings of the study under subsection (a). Such
report shall include the following:
(1) A description of the process used by the Under
Secretary of Veterans Affairs for Health for documenting
implantable medical devices issued to patients.
(2) An evaluation of the capability of the Under Secretary
of Veterans Affairs for Health to identify, in a timely manner,
adverse events and safety issues relating to implantable
medical devices.
(3) An evaluation of the process for, and potential
barriers to, the Under Secretary of Veterans Affairs for Health
notifying patients of an implantable medical device recall.
(4) An evaluation of the accessibility of the adverse event
reporting systems of the Veterans Health Administration for
patients with disabilities.
(5) Recommendations to address gaps in such adverse event
reporting systems, to better identify adverse events and safety
issues from implantable medical devices.
SEC. 5113. DEPARTMENT OF VETERANS AFFAIRS REPORT ON SUPPORTIVE SERVICES
AND HOUSING INSECURITY.
Not later than one year after the date of the enactment of this
Act, the Secretary of Veterans Affairs, in coordination with the
Secretary of Housing and Urban Development and the Secretary of Labor,
shall submit to Congress a report on how often and what type of
supportive services (including career transition and mental health
services and services for elderly veterans) are being offered to and
used by veterans, and any correlation between a lack of supportive
services programs and the likelihood of veterans falling back into
housing insecurity. The Secretary of Veterans Affairs shall ensure that
any medical information included in the report is de-identified.
SEC. 5114. REPORT ON HANDLING OF CERTAIN RECORDS OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Inspector General of the Department of
Veterans Affairs, in coordination with the Secretary of Defense, shall
submit to Congress a report on the extent to which the procedures
outlined in provision M21-1 III.ii.2.F.1 of the Adjudication Procedures
Manual of the Department of Veterans Affairs, or any successor
document, are followed in assisting veterans obtain or reconstruct
service records or medical information damaged or destroyed in the fire
that occurred at the National Processing Records Center in St. Louis,
Missouri, in July of 1973.
(b) Elements.--The report under subsection (a) shall include the
following elements:
(1) The determination of the Inspector General as to
whether employees of the Department of Veterans Affairs receive
sufficient training on the procedures specified in such
subsection.
(2) The determination of the Inspector General as to
whether veterans are informed of actions necessary to adhere to
such procedures.
(3) The percentage of cases regarding such service records
and medical information in which employees of the Department of
Veterans Affairs follow such procedures.
(4) The average duration of time to resolve an issue using
such procedures.
(5) Recommendations on how to improve the implementation of
such procedures.
Subtitle C--Other Matters
SEC. 5121. IMPROVED APPLICATION OF EMPLOYMENT AND REEMPLOYMENT RIGHTS
OF ALL MEMBERS OF UNIFORMED SERVICES.
(a) In General.--Paragraph (5) of section 4303 of title 38, United
States Code, is amended to read as follows:
``(5) The term `Federal executive agency'--
``(A) except as provided in subparagraph (B),
includes--
``(i) the United States Postal Service;
``(ii) the Postal Regulatory Commission;
``(iii) any nonappropriated fund
instrumentality of the United States;
``(iv) any Executive agency (as defined in
section 105 of title 5); and
``(v) any military department (as defined
in section 102 of title 5) with respect to the
civilian employees of that department; and
``(B) does not include--
``(i) an agency referred to in section
2302(a)(2)(C)(ii) of title 5;
``(ii) the National Oceanic and Atmospheric
Administration with respect to members of the
commissioned officer corps of the National
Oceanic and Atmospheric Administration; or
``(iii) the Public Health Service with
respect to members of the Commissioned Corps of
the Public Health Service serving on active
duty, active duty for training, or inactive
duty training.''.
(b) Technical Correction.--Paragraph (17) of such section is
amended by striking ``commissioned corps of the Public Health Service''
and inserting ``Commissioned Corps of the Public Health Service''.
SEC. 5122. COMPETITIVE PAY FOR HEALTH CARE PROVIDERS OF DEPARTMENT OF
VETERANS AFFAIRS.
Section 7451(c) of title 38, United States Code, is amended by
adding at the end the following new paragraph:
``(4)(A) The director of each medical center of the Department
shall submit to the Secretary an annual locality pay survey and rates
of basic pay for covered positions at such medical center to ensure
that pay rates remain competitive in the local labor market.
``(B) Not less than once per fiscal year, the Secretary shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report on rates of basic pay for
covered positions at medical centers of the Department.''.
SEC. 5123. DEFINITION OF LAND USE REVENUE UNDER WEST LOS ANGELES
LEASING ACT OF 2016.
Section 2(d)(2) of the West Los Angeles Leasing Act of 2016 (Public
Law 114-226) is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) to the extent specified in advance in an
appropriations Act for a fiscal year, any funds
received as compensation for an easement described in
subsection (e); and''.
SEC. 5124. TECHNICAL CORRECTIONS TO HONORING OUR PACT ACT OF 2022.
(a) Presumption of Service Connection for Certain Diseases
Associated With Exposure to Burn Pits and Other Toxins.--Section
1120(b)(2) of title 38, United States Code, is amended--
(1) by striking subparagraph (G); and
(2) by redesignating subparagraphs (H) through (K) as
subparagraphs (G) through (J), respectively.
(b) Congressional Approval of Certain Medical Facility
Acquisitions.--Section 703(c)(5)(C) of the Honoring our PACT Act of
2022 (Public Law 117-168; 136 Stat. 1797) is amended to read as
follows:
``(C) by striking `or a major medical facility
lease (as defined in subsection (a)(3)(B))';''.
(c) Use of Competitive Procedures to Acquire Space for the Purpose
of Providing Health-care Resources to Veterans.--Section 8103(h)(1) of
title 38, United States Code, is amended by striking ``section 2304 of
title 10'' and inserting ``section 3301 of title 41''.
(d) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Honoring our PACT Act of
2022 (Public Law 117-168).
SEC. 5125. IMPROVING PILOT PROGRAM ON ACCEPTANCE BY THE DEPARTMENT OF
VETERANS AFFAIRS OF DONATED FACILITIES AND RELATED
IMPROVEMENTS.
(a) In General.--Section 2 of the Communities Helping Invest
through Property and Improvements Needed for Veterans Act of 2016
(Public Law 114-294; 38 U.S.C. 8103 note) is amended--
(1) in subsection (b)(1)(A), by inserting before the
semicolon the following: ``or for which funds are available
from the Construction, Minor Projects, or Construction, Major
Projects appropriations accounts'';
(2) in subsection (e)(1)--
(A) in subparagraph (A)--
(i) by striking ``The Secretary'' and
inserting ``Except as otherwise provided in
this paragraph, the Secretary''; and
(ii) by inserting ``or funds already
generally available in the Construction, Minor
Projects, or Construction, Major Projects
appropriations accounts'' after ``that are in
addition to the funds appropriated for the
facility'';
(B) in subparagraph (B), by striking ``subparagraph
(A)'' and inserting ``this paragraph'';
(C) by redesignating subparagraph (B) as
subparagraph (F); and
(D) by inserting after subparagraph (A) the
following new subparagraphs:
``(B) Unobligated amounts.--The Secretary may
provide additional funds to help an entity described in
subsection (a)(2) finance, design, or construct a
facility in connection with real property and
improvements to be donated under the pilot program and
proposed to be accepted by the Secretary under
subsection (b)(1)(B) if--
``(i) the Secretary determines that doing
so is in the best interest of the Department
and consistent with the mission of the
Department; and
``(ii) funding provided under this
subparagraph--
``(I) is in addition to amounts
that have been appropriated for the
facility before the date on which the
Secretary and the entity enter into a
formal agreement under subsection (c)
for the construction and donation of
the real property and improvements; and
``(II) is derived only from amounts
that--
``(aa) are unobligated
balances available in the
Construction, Minor Projects,
or Construction, Major Projects
appropriations accounts of the
Department that--
``(AA) are not
associated with a
specific project; or
``(BB) are amounts
that are associated
with a specific
project, but are
unobligated because
they are the result of
bid savings; and
``(bb) were appropriated to
such an account before the date
described in subclause (I).
``(C) Escalation clauses.--
``(i) In general.--The Secretary may
include an escalation clause in a formal
agreement under subsection (c) that authorizes
an escalation of not more than an annual amount
based on a rate established in the formal
agreement and mutually agreed upon by the
Secretary and an entity to account for
inflation for an area if the Secretary
determines, after consultation with the head of
an appropriate Federal entity that is not part
of the Department, that such escalation is
necessary and in the best interest of the
Department.
``(ii) Use of existing amounts.--The
Secretary may obligate funds pursuant to clause
(i) in connection with a formal agreement under
subsection (c) using amounts that--
``(I) are unobligated balances
available in the Construction, Minor
Projects, or Construction, Major
Projects appropriations accounts of the
Department that--
``(aa) are not associated
with a specific project; or
``(bb) are amounts that are
associated with a specific
project, but are unobligated
because they are the result of
bid savings; and
``(II) were appropriated to such an
account before the date on which the
Secretary and the entity entered into
the formal agreement.
``(D) Availability.--Unobligated amounts shall be
available pursuant to subparagraphs (B) and (C) only to
the extent and in such amounts as provided in advance
in appropriations Acts subsequent to the date of the
enactment of this subparagraph, subject to subparagraph
(E).
``(E) Limitation.--Unobligated amounts made
available pursuant to subparagraphs (B) and (C) may not
exceed 40 percent of the amount appropriated for the
facility before the date on which the Secretary and the
entity entered into a formal agreement under subsection
(c).''; and
(3) in subsection (j)--
(A) by striking ``Rule'' and inserting ``Rules'';
(B) by striking ``Nothing in'' and inserting the
following:
``(1) Entering arrangements and agreements.--Nothing in'';
and
(C) by adding at the end the following new
paragraph:
``(2) Treatment of assistance.--Nothing provided under this
section shall be treated as Federal financial assistance as
defined in section 200.40 of title 2, Code of Federal
Regulations, as in effect on February 21, 2021.''.
(b) Amendments to Existing Agreements.--Each agreement entered into
under section (2)(c) of such Act before the date of the enactment of
this Act that was in effect on the date of the enactment of this Act
may be amended to incorporate terms authorized by subparagraphs (B) and
(C) of section 2(e)(1) of such Act, as added by subsection (a)(2)(D) of
this section.
SEC. 5126. IMPROVEMENT OF VET CENTERS AT DEPARTMENT OF VETERANS
AFFAIRS.
(a) Productivity Expectations for Readjustment Counselors of Vet
Centers.--
(1) Evaluation of productivity expectations.--Not later
than one year after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall evaluate productivity
expectations for readjustment counselors of Vet Centers,
including by obtaining systematic feedback from counselors on
such expectations, including with respect to following:
(A) Any potential effects of productivity
expectations, whether positive or negative, on client
care and the welfare of readjustment counselors.
(B) Distances readjustment counselors may travel to
appointments, especially with respect to serving rural
veterans.
(C) The possibility that some veterans may not want
to use nor benefit from telehealth or group counseling.
(D) Availability and access of veteran populations
to broadband and telehealth.
(E) Any effect of productivity expectations on
readjustment counselors, including with respect to
recruitment, retention, and welfare.
(F) Whether productivity expectations provide
incentives or pressure to inaccurately report client
visits.
(G) Whether directors and readjustment counselors
of Vet Centers need additional training or guidance on
how productivity expectations are calculated.
(H) Such other criteria as the Secretary considers
appropriate.
(2) Systematic feedback.--
(A) In general.--The Secretary shall--
(i) make every effort to ensure that all
readjustment counselors of Vet Centers are
given the opportunity to fully provide
feedback, positive or negative, including
through a survey containing open- and close-
ended questions, on all items under paragraph
(1);
(ii) in obtaining feedback under paragraph
(1), ensure that the items under paragraph (1)
are adequately and completely addressed in a
way that permits responses to be relevant to
the evaluation of productivity expectations;
(iii) collect and safely store the feedback
obtained under paragraph (1)--
(I) in an electronic database that
cannot be altered by any party;
(II) in an anonymized manner, in
order to protect the privacy of each
respondent; and
(III) in a manner that allows for
evaluation by third parties of the
feedback, such as audit of the feedback
by the Government Accountability
Office; and
(iv) provide the feedback obtained under
paragraph (1) in an anonymized manner to the
working group established under subsection (c).
(B) Government accountability office audit.--Not
less frequently than once each year during the five-
year period beginning on the date of the enactment of
this Act, the Comptroller General of the United States
shall audit the feedback obtained from readjustment
counselors of Vet Centers under paragraph (1).
(3) Implementation of changes.--Not later than 90 days
after the date of the completion of the evaluation required by
paragraph (1), the Secretary shall implement any needed changes
to the productivity expectations described in such paragraph in
order to ensure--
(A) quality of care and access to care for
veterans; and
(B) the welfare of readjustment counselors.
(4) Report to congress.--Not later than 180 days after the
date of the completion of the evaluation required by paragraph
(1), the Secretary shall submit to Congress a report on--
(A) the findings of the evaluation; and
(B) any planned or implemented changes described in
paragraph (3).
(5) Plan for reassessment and implementation.--
(A) Plan.--Not later than one year after the date
of the enactment of this Act, the Secretary shall
develop and implement a plan for--
(i) reassessing productivity expectations
for readjustment counselors of Vet Centers, in
consultation with such counselors; and
(ii) implementing any needed changes to
such expectations, as the Secretary determines
appropriate.
(B) Reassessments.--Under the plan required by
subparagraph (A), the Secretary shall conduct a
reassessment described in such paragraph not less
frequently than once each year.
(b) Staffing Model for Vet Centers.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall develop and implement a staffing model for Vet Centers
that incorporates key practices in the design of such staffing
model.
(2) Elements.--In developing the staffing model under
paragraph (1), the Secretary shall--
(A) involve key stakeholders, including
readjustment counselors, outreach specialists, and
directors of Vet Centers;
(B) incorporate key work activities and the
frequency and time required to conduct such activities;
(C) ensure the data used in the model is high
quality to provide assurance that staffing estimates
are reliable; and
(D) incorporate--
(i) risk factors, including case
complexity;
(ii) geography;
(iii) availability, advisability, and
willingness of veterans to use telehealth or
group counseling; and
(iv) such other factors as the Secretary
considers appropriate.
(3) Plan for assessments and updates.--Not later than one
year after the date of the enactment of this Act, the Secretary
shall develop a plan for--
(A) assessing and updating the staffing model
developed and implemented under paragraph (1) not less
frequently than once every four years; and
(B) implementing any needed changes to such model,
as the Secretary determines appropriate.
(c) Working Group of Readjustment Counselors, Outreach Specialists,
and Directors of Vet Centers.--
(1) In general.--In conducting the evaluation of
productivity expectations under subsection (a) (1) and
developing the staffing model for Vet Centers under subsection
(b)(1), the Secretary of Veterans Affairs shall establish a
working group to assess--
(A) the efficacy, impact, and composition of
performance metrics for such expectations with respect
to--
(i) quality of care and access to care for
veterans; and
(ii) the welfare of readjustment counselors
and other employees of Vet Centers; and
(B) key considerations for the development of such
staffing model, including with respect to--
(i) quality of care and access to care for
veterans and other individuals eligible for
care through Vet Centers; and
(ii) recruitment, retention, and welfare of
employees of Vet Centers.
(2) Membership.--The working group established under
paragraph (1) shall be composed of readjustment counselors,
outreach specialists, and directors of Vet Centers.
(3) Feedback and recommendations.--The working group
established under paragraph (1) shall provide to the
Secretary--
(A) feedback from readjustment counselors, outreach
specialists, and directors of Vet Centers; and
(B) recommendations on how to improve--
(i) quality of care and access to care for
veterans; and
(ii) the welfare of readjustment counselors
and other employees of Vet Centers.
(d) Improvements of Hiring Practices at Vet Centers.--
(1) Standardization of position descriptions.--
(A) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of
Veterans Affairs shall standardize descriptions of
position responsibilities at Vet Centers.
(B) Reporting requirement.--In each of the first
two annual reports submitted under section 7309(e) of
title 38, United States Code, after the date of the
enactment of this Act, the Secretary shall include a
description of the actions taken by the Secretary to
carry out subparagraph (A).
(2) Expansion of reporting requirements on readjustment
counseling to include actions to reduce staffing vacancies and
time to hire.--Section 7309(e)(2) of title 38, United States
Code, is amended by adding at the end the following new
subparagraph:
``(D) A description of actions taken by the Secretary to
reduce--
``(i) vacancies in counselor positions in the
Readjustment Counseling Service; and
``(ii) the time it takes to hire such
counselors.''.
(e) Report by Government Accountability Office on Vet Center
Infrastructure and Future Investments.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on physical
infrastructure and future investments with respect to Vet
Centers.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An assessment of--
(i) the condition of the physical
infrastructure of all assets of Vet Centers,
whether owned or leased by the Department of
Veterans Affairs; and
(ii) the short-, medium-, and long-term
plans of the Department to maintain and upgrade
the physical infrastructure of Vet Centers to
address the operational needs of Vet Centers as
of the date of the submittal of the report and
future needs.
(B) An assessment of management and strategic
planning for the physical infrastructure of Vet
Centers, including whether the Department should buy or
lease existing or additional locations in areas with
stable or growing populations of veterans.
(C) An assessment of whether, as of the date of the
submittal of the report, Vet Center buildings, mobile
Vet Centers, community access points, and similar
infrastructure are sufficient to care for veterans or
if such infrastructure is negatively affecting care due
to limited space for veterans and Vet Center personnel
or other factors.
(D) An assessment of the areas with the greatest
need for investments in--
(i) improved physical infrastructure,
including upgraded Vet Centers; or
(ii) additional physical infrastructure for
Vet Centers, including new Vet Centers owned or
leased by the Department.
(E) A description of the authorities and resources
that may be required for the Secretary to make such
investments.
(F) A review of all annual reports submitted under
7309(e) of title 38, United States Code, before the
date of the submittal of the report under paragraph
(1).
(f) Pilot Program to Combat Food Insecurity Among Veterans and
Family Members of Veterans.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall establish a pilot program to award grants to eligible
entities to support partnerships that address food insecurity
among veterans and family members of veterans who receive
services through Vet Centers or other facilities of the
Department as determined by the Secretary.
(2) Duration of pilot.--The Secretary shall carry out the
pilot program for a three-year period beginning on the date of
the establishment of the pilot program.
(3) Training and technical assistance.--The Secretary may
provide eligible entities receiving grant funding under the
pilot program with training and technical assistance on the
provision of food insecurity assistance services to veterans
and family members of veterans.
(4) Eligible entities.--For purposes of the pilot program,
an eligible entity is--
(A) a nonprofit organization;
(B) an organization recognized by the Secretary for
the representation of veterans under section 5902 of
title 38, United States Code;
(C) a public agency;
(D) a community-based organization; or
(E) an institution of higher education.
(5) Application.--An eligible entity seeking a grant under
the pilot program shall submit to the Secretary an application
therefor at such time, in such manner, and containing such
information and commitments as the Secretary may require.
(6) Selection.--The Secretary shall select eligible
entities that submit applications under paragraph (5) for the
award of grants under the pilot program using a competitive
process that takes into account the following:
(A) Capacity of the applicant entity to serve
veterans and family members of veterans.
(B) Demonstrated need of the population the
applicant entity would serve.
(C) Demonstrated need of the applicant entity for
assistance from the grant.
(D) Such other criteria as the Secretary considers
appropriate.
(7) Distribution.--The Secretary shall ensure, to the
extent practicable, an equitable geographic distribution of
grants awarded under this subsection.
(8) Minimum program requirements.--Any grant awarded under
this subsection shall be used--
(A) to coordinate with the Secretary with respect
to the provision of assistance to address food
insecurity among veterans and family members of
veterans described in paragraph (1);
(B) to increase participation in nutrition
counseling programs and provide educational materials
and counseling to veterans and family members of
veterans to address food insecurity and healthy diets
among those individuals;
(C) to increase access to and enrollment in Federal
assistance programs, including the supplemental
nutrition assistance program under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the
special supplemental nutrition program for women,
infants, and children established by section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786), the low-
income home energy assistance program established under
the Low-Income Home Energy Assistance Act of 1981 (42
U.S.C. 8621 et seq.), and any other assistance program
that the Secretary considers advisable; and
(D) to fulfill such other criteria as the Secretary
considers appropriate to further the purpose of the
grant and serve veterans.
(9) Provision of information.--Each entity that receives a
grant under this subsection shall provide to the Secretary, at
least once each year during the duration of the grant term,
data on--
(A) the number of veterans and family members of
veterans screened for, and enrolled in, programs
described in subparagraphs (B) and (C) of paragraph
(8);
(B) other services provided by the entity to
veterans and family members of veterans using funds
from the grant; and
(C) such other data as the Secretary may require.
(10) Report on data collected.--For each year of operation
of the pilot program, the Secretary shall submit to the
appropriate committees of Congress a report on the data
collected under paragraph (9) during such year.
(11) Government accountability office report.--
(A) In general.--Not later than one year after the
date on which the pilot program terminates, the
Comptroller General of the United States shall submit
to Congress a report evaluating the effectiveness and
outcomes of the activities carried out under this
subsection in reducing food insecurity among veterans
and family members of veterans.
(B) Elements.--The report required by subparagraph
(A) shall include the following:
(i) A summary of the activities carried out
under this subsection.
(ii) An assessment of the effectiveness and
outcomes of the grants awarded under this
subsection, including with respect to
eligibility screening contacts, application
assistance consultations, and changes in food
insecurity among the population served by the
grant.
(iii) Best practices regarding the use of
partnerships to improve the effectiveness and
outcomes of public benefit programs to address
food insecurity among veterans and family
members of veterans.
(iv) An assessment of the feasibility and
advisability of making the pilot program
permanent and expanding to other locations.
(12) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to carry out the pilot program established
under paragraph (1) $15,000,000 for each fiscal year in
which the program is carried out, beginning with the
fiscal year in which the program is established.
(B) Administrative expenses.--Of the amounts
authorized to be appropriated under subparagraph (A),
not more than ten percent may be used for
administrative expenses of the Department of Veterans
Affairs associated with administering grants under this
subsection.
(13) Definitions.--In this subsection:
(A) The term ``appropriate committees of Congress''
means--
(i) the Committee on Veterans' Affairs, the
Committee on Appropriations, and the Committee
on Agriculture, Nutrition, and Forestry of the
Senate; and
(ii) the Committee on Veterans' Affairs,
the Committee on Appropriations, and the
Committee on Agriculture of the House of
Representatives.
(B) The term ``facilities of the Department'' has
the meaning given that term in section 1701(3) of title
38, United States Code.
(C) The term ``institution of higher education''
has the meaning given that term in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001).
(D) The term ``public agency'' means a department,
agency, other unit, or instrumentality of Federal,
State, Tribal, or local government.
(E) The term ``State'' has the meaning given that
term in section 101(20) of title 38, United States
Code.
(F) The term ``veteran'' means an individual who
served in the Armed Forces, including an individual who
served in a reserve component of the Armed Forces, and
who was discharged or released therefrom, regardless of
the conditions of such discharge or release.
(g) Definition of Vet Center.--In this section, the term ``Vet
Center'' has the meaning given that term in section 1712A(h) of title
38, United States Code.
SEC. 5127. INFORMATION ON CERTAIN VETERANS WITH PRIOR MEDICAL
OCCUPATIONS; PROGRAM ON INTERMEDIATE CARE TECHNICIANS OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Update of Web Portal to Identify Certain Veterans.--
(1) Update.--The Secretary of Veterans Affairs shall update
web portals of the Department of Veterans Affairs to provide
for a method by which a veteran who served in a medical
occupation while serving as a member of the Armed Forces may
elect to provide the information described in paragraph (2).
(2) Information in portal.--The information described in
this paragraph is the following:
(A) Contact information for the veteran.
(B) A history of the medical experience and trained
competencies of the veteran.
(3) Inclusions in history.--To the extent practicable, the
history of a veteran provided under paragraph (2)(B) shall
include individual critical task lists specific to the military
occupational specialty of the veteran that align with standard
occupational codes maintained by the Commissioner of the Bureau
of Labor Statistics.
(4) Sharing of information.--For purposes of facilitating
civilian medical credentialing and hiring opportunities for
veterans seeking to respond to a national emergency, including
a public health emergency declared by the Secretary of Health
and Human Services under section 319 of the Public Health
Service Act (42 U.S.C. 247d), the Secretary of Veterans
Affairs, in coordination with the Secretary of Defense and the
Secretary of Labor, shall establish a program to share the
information described in paragraph (2) with the following:
(A) State departments of veterans affairs.
(B) Veterans service organizations.
(C) State credentialing bodies.
(D) State homes.
(E) Other stakeholders involved in State-level
credentialing, as determined appropriate by the
Secretary of Veterans Affairs.
(b) Program on Training of Intermediate Care Technicians of
Department of Veterans Affairs.--
(1) Establishment.--The Secretary of Veterans Affairs shall
establish a program to train, certify, and employ covered
veterans as intermediate care technicians of the Department of
Veterans Affairs.
(2) Locations.--The Secretary of Veterans Affairs may
assign an intermediate care technician of the Department of
Veterans Affairs trained under the program under paragraph (1)
to any medical center of the Department of Veterans Affairs,
giving priority to locations with a significant staffing
shortage.
(3) Inclusion of information in transition assistance
program.--As part of the Transition Assistance Program under
sections 1142 and 1144 of title 10, United States Code, the
Secretary of Veterans Affairs shall conduct a communications
campaign to convey to appropriate members of the Armed Forces
separating from active duty opportunities for training,
certification, and employment under the program under paragraph
(1).
(4) Report on expansion of program.--Not later than 180
days after the date of the enactment of this Act, the Secretary
of Veterans Affairs shall submit to the Committees on Veterans'
Affairs of the House of Representatives and the Senate a report
on whether the program under paragraph (1) may be replicated
for other medical positions within the Department of Veterans
Affairs.
(c) Notification of Opportunities for Veterans.--The Secretary of
Veterans Affairs shall notify veterans service organizations and, in
coordination with the Secretary of Defense, members of the reserve
components of the Armed Forces of opportunities for veterans under this
section.
(d) Definitions.--In this section:
(1) The term ``covered veteran'' means a veteran whom the
Secretary of Veterans Affairs determines served as a basic
health care technician while serving in the Armed Forces.
(2) The terms ``State home'' and ``veteran'' have the
meanings given those terms in section 101 of title 38, United
States Code.
(3) The term ``veterans service organization'' means an
organization that provides services to veterans, including
organizations recognized by the Secretary of Veterans Affairs
under section 5902 of title 38, United States Code.
TITLE LII--INSPECTOR GENERAL INDEPENDENCE AND EMPOWERMENT MATTERS
Subtitle A--Inspector General Independence
Sec. 5201. Short title.
Sec. 5202. Removal or transfer of Inspectors General; placement on non-
duty status.
Sec. 5203. Vacancy in position of Inspector General.
Sec. 5204. Office of Inspector General whistleblower complaints.
Subtitle B--Presidential Explanation of Failure to Nominate an
Inspector General
Sec. 5221. Presidential explanation of failure to nominate an Inspector
General.
Subtitle C--Integrity Committee of the Council of Inspectors General on
Integrity and Efficiency Transparency
Sec. 5231. Short title.
Sec. 5232. Additional information to be included in requests and
reports to Congress.
Sec. 5233. Availability of information to Congress on certain
allegations of wrongdoing closed without
referral.
Sec. 5234. Semiannual report.
Sec. 5235. Additional reports.
Sec. 5236. Requirement to report final disposition to Congress.
Sec. 5237. Investigations of Offices of Inspector General of
establishments by the Integrity Committee.
Subtitle D--Notice of Ongoing Investigations When There Is a Change in
Status of Inspector General
Sec. 5241. Notice of ongoing investigations when there is a change in
status of Inspector General.
Subtitle E--Council of the Inspectors General on Integrity and
Efficiency Report on Expenditures
Sec. 5251. CIGIE report on expenditures.
Subtitle F--Notice of Refusal to Provide Inspectors General Access
Sec. 5261. Notice of refusal to provide information or assistance to
Inspectors General.
Subtitle G--Training Resources for Inspectors General and Other Matters
Sec. 5271. Training resources for Inspectors General.
Sec. 5272. Definition of appropriate congressional committees.
Sec. 5273. Semiannual reports.
Sec. 5274. Submission of reports that specifically identify non-
governmental organizations or business
entities.
Sec. 5275. Review relating to vetting, processing, and resettlement of
evacuees from Afghanistan and the
Afghanistan special immigrant visa program.
Subtitle A--Inspector General Independence
SEC. 5201. SHORT TITLE.
This subtitle may be cited as the ``Securing Inspector General
Independence Act of 2022''.
SEC. 5202. REMOVAL OR TRANSFER OF INSPECTORS GENERAL; PLACEMENT ON NON-
DUTY STATUS.
(a) In General.--The Inspector General Act of 1978 (5 U.S.C. App.)
is amended--
(1) in section 3(b)--
(A) by inserting ``(1)(A)'' after ``(b)'';
(B) in paragraph (1), as so designated--
(i) in subparagraph (A), as so designated,
in the second sentence--
(I) by striking ``reasons'' and
inserting the following: ``substantive
rationale, including detailed and case-
specific reasons,''; and
(II) by inserting ``(including to
the appropriate congressional
committees)'' after ``Houses of
Congress''; and
(ii) by adding at the end the following:
``(B) If there is an open or completed inquiry into
an Inspector General that relates to the removal or
transfer of the Inspector General under subparagraph
(A), the written communication required under that
subparagraph shall--
``(i) identify each entity that is
conducting, or that conducted, the inquiry; and
``(ii) in the case of a completed inquiry,
contain the findings made during the
inquiry.''; and
(C) by adding at the end the following:
``(2)(A) Subject to the other provisions of this paragraph,
only the President may place an Inspector General on non-duty
status.
``(B) If the President places an Inspector General on non-
duty status, the President shall communicate in writing the
substantive rationale, including detailed and case-specific
reasons, for the change in status to both Houses of Congress
(including to the appropriate congressional committees) not
later than 15 days before the date on which the change in
status takes effect, except that the President may submit that
communication not later than the date on which the change in
status takes effect if--
``(i) the President has made a determination that
the continued presence of the Inspector General in the
workplace poses a threat described in any of clauses
(i) through (iv) of section 6329b(b)(2)(A) of title 5,
United States Code; and
``(ii) in the communication, the President includes
a report on the determination described in clause (i),
which shall include--
``(I) a specification of which clause of
section 6329b(b)(2)(A) of title 5, United
States Code, the President has determined
applies under clause (i) of this subparagraph;
``(II) the substantive rationale, including
detailed and case-specific reasons, for the
determination made under clause (i);
``(III) an identification of each entity
that is conducting, or that conducted, any
inquiry upon which the determination under
clause (i) was made; and
``(IV) in the case of an inquiry described
in subclause (III) that is completed, the
findings made during that inquiry.
``(C) The President may not place an Inspector General on
non-duty status during the 30-day period preceding the date on
which the Inspector General is removed or transferred under
paragraph (1)(A) unless the President--
``(i) has made a determination that the continued
presence of the Inspector General in the workplace
poses a threat described in any of clauses (i) through
(iv) of section 6329b(b)(2)(A) of title 5, United
States Code; and
``(ii) not later than the date on which the change
in status takes effect, submits to both Houses of
Congress (including to the appropriate congressional
committees) a written communication that contains the
information required under subparagraph (B), including
the report required under clause (ii) of that
subparagraph.
``(D) For the purposes of this paragraph--
``(i) the term `Inspector General'--
``(I) means an Inspector General who was
appointed by the President, without regard to
whether the Senate provided advice and consent
with respect to that appointment; and
``(II) includes the Inspector General of an
establishment, the Special Inspector General
for Afghanistan Reconstruction, the Special
Inspector General for the Troubled Asset Relief
Program, and the Special Inspector General for
Pandemic Recovery; and
``(ii) a reference to the removal or transfer of an
Inspector General under paragraph (1), or to the
written communication described in that paragraph,
shall be considered to be--
``(I) in the case of the Special Inspector
General for Afghanistan Reconstruction, a
reference to section 1229(c)(6) of the National
Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 378);
``(II) in the case of the Special Inspector
General for the Troubled Asset Relief Program,
a reference to section 121(b)(4) of the
Emergency Economic Stabilization Act of 2008
(12 U.S.C. 5231(b)(4)); and
``(III) in the case of the Special
Inspector General for Pandemic Recovery, a
reference to section 4018(b)(3) of the CARES
Act (15 U.S.C. 9053(b)(3)).'';
(2) in section 8G(e)--
(A) in paragraph (1), by inserting ``or placement
on non-duty status'' after ``a removal'';
(B) in paragraph (2)--
(i) by inserting ``(A)'' after ``(2)'';
(ii) in subparagraph (A), as so designated,
in the first sentence--
(I) by striking ``reasons'' and
inserting the following: ``substantive
rationale, including detailed and case-
specific reasons,''; and
(II) by inserting ``(including to
the appropriate congressional
committees)'' after ``Houses of
Congress''; and
(iii) by adding at the end the following:
``(B) If there is an open or completed inquiry into
an Inspector General that relates to the removal or
transfer of the Inspector General under subparagraph
(A), the written communication required under that
subparagraph shall--
``(i) identify each entity that is
conducting, or that conducted, the inquiry; and
``(ii) in the case of a completed inquiry,
contain the findings made during the
inquiry.''; and
(C) by adding at the end the following:
``(3)(A) Subject to the other provisions of this paragraph,
only the head of the applicable designated Federal entity
(referred to in this paragraph as the `covered official') may
place an Inspector General on non-duty status.
``(B) If a covered official places an Inspector General on
non-duty status, the covered official shall communicate in
writing the substantive rationale, including detailed and case-
specific reasons, for the change in status to both Houses of
Congress (including to the appropriate congressional
committees) not later than 15 days before the date on which the
change in status takes effect, except that the covered official
may submit that communication not later than the date on which
the change in status takes effect if--
``(i) the covered official has made a determination
that the continued presence of the Inspector General in
the workplace poses a threat described in any of
clauses (i) through (iv) of section 6329b(b)(2)(A) of
title 5, United States Code; and
``(ii) in the communication, the covered official
includes a report on the determination described in
clause (i), which shall include--
``(I) a specification of which clause of
section 6329b(b)(2)(A) of title 5, United
States Code, the covered official has
determined applies under clause (i) of this
subparagraph;
``(II) the substantive rationale, including
detailed and case-specific reasons, for the
determination made under clause (i);
``(III) an identification of each entity
that is conducting, or that conducted, any
inquiry upon which the determination under
clause (i) was made; and
``(IV) in the case of an inquiry described
in subclause (III) that is completed, the
findings made during that inquiry.
``(C) A covered official may not place an Inspector General
on non-duty status during the 30-day period preceding the date
on which the Inspector General is removed or transferred under
paragraph (2)(A) unless the covered official--
``(i) has made a determination that the continued
presence of the Inspector General in the workplace
poses a threat described in any of clauses (i) through
(iv) of section 6329b(b)(2)(A) of title 5, United
States Code; and
``(ii) not later than the date on which the change
in status takes effect, submits to both Houses of
Congress (including to the appropriate congressional
committees) a written communication that contains the
information required under subparagraph (B), including
the report required under clause (ii) of that
subparagraph.
``(D) Nothing in this paragraph may be construed to limit
or otherwise modify--
``(i) any statutory protection that is afforded to
an Inspector General; or
``(ii) any other action that a covered official may
take under law with respect to an Inspector General.'';
(3) in section 103H(c) of the National Security Act (50
U.S.C. 3033(c))--
(A) in paragraph (4)--
(i) by inserting ``(A)'' after ``(4)'';
(ii) in subparagraph (A), as so designated,
in the second sentence, by striking ``reasons''
and inserting ``substantive rationale,
including detailed and case-specific
reasons,''; and
(iii) by adding at the end the following:
``(B) If there is an open or completed inquiry into the
Inspector General that relates to the removal or transfer of
the Inspector General under subparagraph (A), the written
communication required under that subparagraph shall--
``(i) identify each entity that is conducting, or
that conducted, the inquiry; and
``(ii) in the case of a completed inquiry, contain
the findings made during the inquiry.''; and
(B) by adding at the end the following:
``(5)(A) Subject to the other provisions of this paragraph,
only the President may place the Inspector General on nonduty
status.
``(B) If the President places the Inspector General on
nonduty status, the President shall communicate in writing the
substantive rationale, including detailed and case-specific
reasons, for the change in status to the congressional
intelligence committees not later than 15 days before the date
on which the change in status takes effect, except that the
President may submit that communication not later than the date
on which the change in status takes effect if--
``(i) the President has made a determination that
the continued presence of the Inspector General in the
workplace poses a threat described in any of clauses
(i) through (iv) of section 6329b(b)(2)(A) of title 5,
United States Code; and
``(ii) in the communication, the President includes
a report on the determination described in clause (i),
which shall include--
``(I) a specification of which clause of
section 6329b(b)(2)(A) of title 5, United
States Code, the President has determined
applies under clause (i);
``(II) the substantive rationale, including
detailed and case-specific reasons, for the
determination made under clause (i);
``(III) an identification of each entity
that is conducting, or that conducted, any
inquiry upon which the determination under
clause (i) was made; and
``(IV) in the case of an inquiry described
in subclause (III) that is completed, the
findings made during that inquiry.
``(C) The President may not place the Inspector General on
nonduty status during the 30-day period preceding the date on
which the Inspector General is removed or transferred under
paragraph (4)(A) unless the President--
``(i) has made a determination that the continued
presence of the Inspector General in the workplace
poses a threat described in any of clauses (i) through
(iv) of section 6329b(b)(2)(A) of title 5, United
States Code; and
``(ii) not later than the date on which the change
in status takes effect, submits to the congressional
intelligence committees a written communication that
contains the information required under subparagraph
(B), including the report required under clause (ii) of
that subparagraph.''; and
(4) in section 17(b) of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 3517(b))--
(A) in paragraph (6)--
(i) by inserting ``(A)'' after ``(6)'';
(ii) in subparagraph (A), as so designated,
in the second sentence, by striking ``reasons''
and inserting ``substantive rationale,
including detailed and case-specific
reasons,''; and
(iii) by adding at the end the following:
``(B) If there is an open or completed inquiry into the
Inspector General that relates to the removal or transfer of
the Inspector General under subparagraph (A), the written
communication required under that subparagraph shall--
``(i) identify each entity that is conducting, or
that conducted, the inquiry; and
``(ii) in the case of a completed inquiry, contain
the findings made during the inquiry.''; and
(B) by adding at the end the following:
``(7)(A) Subject to the other provisions of this paragraph,
only the President may place the Inspector General on nonduty
status.
``(B) If the President places the Inspector General on
nonduty status, the President shall communicate in writing the
substantive rationale, including detailed and case-specific
reasons, for the change in status to the congressional
intelligence committees not later than 15 days before the date
on which the change in status takes effect, except that the
President may submit that communication not later than the date
on which the change in status takes effect if--
``(i) the President has made a determination that
the continued presence of the Inspector General in the
workplace poses a threat described in any of clauses
(i) through (iv) of section 6329b(b)(2)(A) of title 5,
United States Code; and
``(ii) in the communication, the President includes
a report on the determination described in clause (i),
which shall include--
``(I) a specification of which clause of
section 6329b(b)(2)(A) of title 5, United
States Code, the President has determined
applies under clause (i);
``(II) the substantive rationale, including
detailed and case-specific reasons, for the
determination made under clause (i);
``(III) an identification of each entity
that is conducting, or that conducted, any
inquiry upon which the determination under
clause (i) was made; and
``(IV) in the case of an inquiry described
in subclause (III) that is completed, the
findings made during that inquiry.
``(C) The President may not place the Inspector General on
non-duty status during the 30-day period preceding the date on
which the Inspector General is removed or transferred under
paragraph (6)(A) unless the President--
``(i) has made a determination that the continued
presence of the Inspector General in the workplace
poses a threat described in any of clauses (i) through
(iv) of section 6329b(b)(2)(A) of title 5, United
States Code; and
``(ii) not later than the date on which the change
in status takes effect, submits to the congressional
intelligence committees a written communication that
contains the information required under subparagraph
(B), including the report required under clause (ii) of
that subparagraph.''.
(b) Technical and Conforming Amendment.--Section 12(3) of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting
``except as otherwise expressly provided,'' before ``the term''.
SEC. 5203. VACANCY IN POSITION OF INSPECTOR GENERAL.
(a) In General.--Section 3 of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding at the end the following:
``(h)(1) In this subsection--
``(A) the term `first assistant to the position of
Inspector General' means, with respect to an Office of
Inspector General--
``(i) an individual who, as of the day before the
date on which the Inspector General dies, resigns, or
otherwise becomes unable to perform the functions and
duties of that position--
``(I) is serving in a position in that
Office; and
``(II) has been designated in writing by
the Inspector General, through an order of
succession or otherwise, as the first assistant
to the position of Inspector General; or
``(ii) if the Inspector General has not made a
designation described in clause (i)(II)--
``(I) the Principal Deputy Inspector
General of that Office, as of the day before
the date on which the Inspector General dies,
resigns, or otherwise becomes unable to perform
the functions and duties of that position; or
``(II) if there is no Principal Deputy
Inspector General of that Office, the Deputy
Inspector General of that Office, as of the day
before the date on which the Inspector General
dies, resigns, or otherwise becomes unable to
perform the functions and duties of that
position; and
``(B) the term `Inspector General'--
``(i) means an Inspector General who is appointed
by the President, by and with the advice and consent of
the Senate; and
``(ii) includes the Inspector General of an
establishment, the Special Inspector General for the
Troubled Asset Relief Program, and the Special
Inspector General for Pandemic Recovery.
``(2) If an Inspector General dies, resigns, or is otherwise unable
to perform the functions and duties of the position--
``(A) section 3345(a) of title 5, United States Code, and
section 103(e) of the National Security Act of 1947 (50 U.S.C.
3025(e)) shall not apply;
``(B) subject to paragraph (4), the first assistant to the
position of Inspector General shall perform the functions and
duties of the Inspector General temporarily in an acting
capacity subject to the time limitations of section 3346 of
title 5, United States Code; and
``(C) notwithstanding subparagraph (B), and subject to
paragraphs (4) and (5), the President (and only the President)
may direct an officer or employee of any Office of an Inspector
General to perform the functions and duties of the Inspector
General temporarily in an acting capacity subject to the time
limitations of section 3346 of title 5, United States Code,
only if--
``(i) during the 365-day period preceding the date
of death, resignation, or beginning of inability to
serve of the Inspector General, the officer or employee
served in a position in an Office of an Inspector
General for not less than 90 days, except that--
``(I) the requirement under this clause
shall not apply if the officer is an Inspector
General; and
``(II) for the purposes of this
subparagraph, performing the functions and
duties of an Inspector General temporarily in
an acting capacity does not qualify as service
in a position in an Office of an Inspector
General;
``(ii) the rate of pay for the position of the
officer or employee described in clause (i) is equal to
or greater than the minimum rate of pay payable for a
position at GS-15 of the General Schedule;
``(iii) the officer or employee has demonstrated
ability in accounting, auditing, financial analysis,
law, management analysis, public administration, or
investigations; and
``(iv) not later than 30 days before the date on
which the direction takes effect, the President
communicates in writing to both Houses of Congress
(including to the appropriate congressional committees)
the substantive rationale, including the detailed and
case-specific reasons, for such direction, including
the reason for the direction that someone other than
the individual who is performing the functions and
duties of the Inspector General temporarily in an
acting capacity (as of the date on which the President
issues that direction) perform those functions and
duties temporarily in an acting capacity.
``(3) Notwithstanding section 3345(a) of title 5, United States
Code, and subparagraphs (B) and (C) of paragraph (2), and subject to
paragraph (4), during any period in which an Inspector General is on
non-duty status--
``(A) the first assistant to the position of Inspector
General shall perform the functions and duties of the position
temporarily in an acting capacity subject to the time
limitations of section 3346 of title 5, United States Code; and
``(B) if the first assistant described in subparagraph (A)
dies, resigns, or becomes otherwise unable to perform those
functions and duties, the President (and only the President)
may direct an officer or employee in that Office of Inspector
General to perform those functions and duties temporarily in an
acting capacity, subject to the time limitations of section
3346 of title 5, United States Code, if--
``(i) that direction satisfies the requirements
under clauses (ii), (iii), and (iv) of paragraph
(2)(C); and
``(ii) that officer or employee served in a
position in that Office of Inspector General for not
fewer than 90 of the 365 days preceding the date on
which the President makes that direction.
``(4) An individual may perform the functions and duties of an
Inspector General temporarily and in an acting capacity under
subparagraph (B) or (C) of paragraph (2), or under paragraph (3), with
respect to only 1 Inspector General position at any given time.
``(5) If the President makes a direction under paragraph (2)(C),
during the 30-day period preceding the date on which the direction of
the President takes effect, the functions and duties of the position of
the applicable Inspector General shall be performed by--
``(A) the first assistant to the position of Inspector
General; or
``(B) the individual performing those functions and duties
temporarily in an acting capacity, as of the date on which the
President issues that direction, if that individual is an
individual other than the first assistant to the position of
Inspector General.''.
(b) Amendment to National Security Act.--Section 103H(c) of the
National Security Act (50 U.S.C. 3033(c)), as amended by section 5202,
is further amended by adding at the end the following:
``(6)(A) In this subsection, the term `first assistant to
the position of Inspector General' has the meaning given in
section 3 of the Inspector General Act of 1978 (5 U.S.C. App.).
``(B) If the Inspector General dies, resigns, or is
otherwise unable to perform the functions and duties of the
position--
``(i) section 3345(a) of title 5, United States
Code, and section 103(e) of the National Security Act
of 1947 (50 U.S.C. 3025(e)) shall not apply;
``(ii) subject to subparagraph (D), the first
assistant to the position of Inspector General shall
perform the functions and duties of the Inspector
General temporarily in an acting capacity subject to
the time limitations of section 3346 of title 5, United
States Code; and
``(iii) notwithstanding clause (ii), and subject to
subparagraphs (D) and (E), the President (and only the
President) may direct an officer or employee of any
Office of an Inspector General to perform the functions
and duties of the Inspector General temporarily in an
acting capacity subject to the time limitations of
section 3346 of title 5, United States Code, only if--
``(I) during the 365-day period preceding
the date of death, resignation, or beginning of
inability to serve of the Inspector General,
the officer or employee served in a position in
an Office of an Inspector General for not less
than 90 days, except that--
``(aa) the requirement under this
subclause shall not apply if the
officer is an Inspector General; and
``(bb) for the purposes of this
clause, performing the functions and
duties of an Inspector General
temporarily in an acting capacity does
not qualify as service in a position in
an Office of an Inspector General;
``(II) the rate of pay for the position of
the officer or employee described in subclause
(I) is equal to or greater than the minimum
rate of pay payable for a position at GS-15 of
the General Schedule;
``(III) the officer or employee has
demonstrated ability in accounting, auditing,
financial analysis, law, management analysis,
public administration, or investigations; and
``(IV) not later than 30 days before the
date on which the direction takes effect, the
President communicates in writing to the
congressional intelligence committees the
substantive rationale, including the detailed
and case-specific reasons, for such direction,
including the reason for the direction that
someone other than the individual who is
performing the functions and duties of the
Inspector General temporarily in an acting
capacity (as of the date on which the President
issues that direction) perform those functions
and duties temporarily in an acting capacity.
``(C) Notwithstanding section 3345(a) of title 5, United
States Code, section 103(e) of the National Security Act of
1947 (50 U.S.C. 3025(e)), and clauses (ii) and (iii) of
subparagraph (B), and subject to subparagraph (D), during any
period in which the Inspector General is on nonduty status--
``(i) the first assistant to the position of
Inspector General shall perform the functions and
duties of the position temporarily in an acting
capacity subject to the time limitations of section
3346 of title 5, United States Code; and
``(ii) if the first assistant described in clause
(i) dies, resigns, or becomes otherwise unable to
perform those functions and duties, the President (and
only the President) may direct an officer or employee
in the Office of Inspector General to perform those
functions and duties temporarily in an acting capacity,
subject to the time limitations of section 3346 of
title 5, United States Code, if--
``(I) that direction satisfies the
requirements under subclauses (II), (III), and
(IV) of subparagraph (B)(iii); and
``(II) that officer or employee served in a
position in that Office of Inspector General
for not fewer than 90 of the 365 days preceding
the date on which the President makes that
direction.
``(D) An individual may perform the functions and duties of
the Inspector General temporarily and in an acting capacity
under clause (ii) or (iii) of subparagraph (B), or under
subparagraph (C), with respect to only 1 Inspector General
position at any given time.
``(E) If the President makes a direction under subparagraph
(B)(iii), during the 30-day period preceding the date on which
the direction of the President takes effect, the functions and
duties of the position of the Inspector General shall be
performed by--
``(i) the first assistant to the position of
Inspector General; or
``(ii) the individual performing those functions
and duties temporarily in an acting capacity, as of the
date on which the President issues that direction, if
that individual is an individual other than the first
assistant to the position of Inspector General.''.
(c) Amendment to Central Intelligence Agency Act.--Section 17(b) of
the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(b)), as
amended by section 5202, is further amended by adding at the end the
following:
``(8)(A) In this subsection, the term `first assistant to
the position of Inspector General' has the meaning given in
section 3 of the Inspector General Act of 1978 (5 U.S.C. App.).
``(B) If the Inspector General dies, resigns, or is
otherwise unable to perform the functions and duties of the
position--
``(i) section 3345(a) of title 5, United States
Code shall not apply;
``(ii) subject to subparagraph (D), the first
assistant to the position of Inspector General shall
perform the functions and duties of the Inspector
General temporarily in an acting capacity subject to
the time limitations of section 3346 of title 5, United
States Code; and
``(iii) notwithstanding clause (ii), and subject to
subparagraphs (D) and (E), the President (and only the
President) may direct an officer or employee of any
Office of an Inspector General to perform the functions
and duties of the Inspector General temporarily in an
acting capacity subject to the time limitations of
section 3346 of title 5, United States Code, only if--
``(I) during the 365-day period preceding
the date of death, resignation, or beginning of
inability to serve of the Inspector General,
the officer or employee served in a position in
an Office of an Inspector General for not less
than 90 days, except that--
``(aa) the requirement under this
subclause shall not apply if the
officer is an Inspector General; and
``(bb) for the purposes of this
clause, performing the functions and
duties of an Inspector General
temporarily in an acting capacity does
not qualify as service in a position in
an Office of an Inspector General;
``(II) the rate of pay for the position of
the officer or employee described in subclause
(I) is equal to or greater than the minimum
rate of pay payable for a position at GS-15 of
the General Schedule;
``(III) the officer or employee has
demonstrated ability in accounting, auditing,
financial analysis, law, management analysis,
public administration, or investigations; and
``(IV) not later than 30 days before the
date on which the direction takes effect, the
President communicates in writing to the
congressional intelligence committees the
substantive rationale, including the detailed
and case-specific reasons, for such direction,
including the reason for the direction that
someone other than the individual who is
performing the functions and duties of the
Inspector General temporarily in an acting
capacity (as of the date on which the President
issues that direction) perform those functions
and duties temporarily in an acting capacity.
``(C) Notwithstanding section 3345(a) of title 5, United
States Code and clauses (ii) and (iii) of subparagraph (B), and
subject to subparagraph (D), during any period in which the
Inspector General is on nonduty status--
``(i) the first assistant to the position of
Inspector General shall perform the functions and
duties of the position temporarily in an acting
capacity subject to the time limitations of section
3346 of title 5, United States Code; and
``(ii) if the first assistant described in clause
(i) dies, resigns, or becomes otherwise unable to
perform those functions and duties, the President (and
only the President) may direct an officer or employee
in the Office of Inspector General to perform those
functions and duties temporarily in an acting capacity,
subject to the time limitations of section 3346 of
title 5, United States Code, if--
``(I) that direction satisfies the
requirements under subclauses (II), (III), and
(IV) of subparagraph (B)(iii); and
``(II) that officer or employee served in a
position in that Office of Inspector General
for not fewer than 90 of the 365 days preceding
the date on which the President makes that
direction.
``(D) An individual may perform the functions and duties of
the Inspector General temporarily and in an acting capacity
under clause (ii) or (iii) of subparagraph (B), or under
subparagraph (C), with respect to only 1 Inspector General
position at any given time.
``(E) If the President makes a direction under subparagraph
(B)(iii), during the 30-day period preceding the date on which
the direction of the President takes effect, the functions and
duties of the position of the Inspector General shall be
performed by--
``(i) the first assistant to the position of
Inspector General; or
``(ii) the individual performing those functions
and duties temporarily in an acting capacity, as of the
date on which the President issues that direction, if
that individual is an individual other than the first
assistant to the position of Inspector General.''.
(d) Rule of Construction.--Nothing in the amendment made by
subsection (a) may be construed to limit the applicability of sections
3345 through 3349d of title 5, United States Code (commonly known as
the ``Federal Vacancies Reform Act of 1998''), other than with respect
to section 3345(a) of that title.
(e) Effective Date.--
(1) Definition.--In this subsection, the term ``Inspector
General'' has the meaning given the term in subsection
(h)(1)(B) of section 3 of the Inspector General Act of 1978 (5
U.S.C. App.), as added by subsection (a) of this section.
(2) Applicability.--
(A) In general.--Except as provided in subparagraph
(B), this section, and the amendments made by this
section, shall take effect on the date of enactment of
this Act.
(B) Existing vacancies.--If, as of the date of
enactment of this Act, an individual is performing the
functions and duties of an Inspector General
temporarily in an acting capacity, this section, and
the amendments made by this section, shall take effect
with respect to that Inspector General position on the
date that is 30 days after the date of enactment of
this Act.
SEC. 5204. OFFICE OF INSPECTOR GENERAL WHISTLEBLOWER COMPLAINTS.
(a) Whistleblower Protection Coordinator.--Section 3(d)(1)(C) of
the Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in clause (i), in the matter preceding subclause (I),
by inserting ``, including employees of that Office of
Inspector General'' after ``employees''; and
(2) in clause (iii), by inserting ``(including the
Integrity Committee of that Council)'' after ``and
Efficiency''.
(b) Council of the Inspectors General on Integrity and
Efficiency.--Section 11(c)(5)(B) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended by striking ``, allegations of reprisal,''
and inserting the following: ``and allegations of reprisal (including
the timely and appropriate handling and consideration of protected
disclosures and allegations of reprisal that are internal to an Office
of Inspector General)''.
Subtitle B--Presidential Explanation of Failure to Nominate an
Inspector General
SEC. 5221. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN INSPECTOR
GENERAL.
(a) In General.--Subchapter III of chapter 33 of title 5, United
States Code, is amended by inserting after section 3349d the following:
``Sec. 3349e. Presidential explanation of failure to nominate an
inspector general
``If the President fails to make a formal nomination for a vacant
inspector general position that requires a formal nomination by the
President to be filled within the period beginning on the later of the
date on which the vacancy occurred or on which a nomination is
rejected, withdrawn, or returned, and ending on the day that is 210
days after that date, the President shall communicate, within 30 days
after the end of such period and not later than June 1 of each year
thereafter, to the appropriate congressional committees, as defined in
section 12 of the Inspector General Act of 1978 (5 U.S.C. App.)--
``(1) the reasons why the President has not yet made a
formal nomination; and
``(2) a target date for making a formal nomination.''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter III of chapter 33 of title 5, United States Code, is amended
by inserting after the item relating to section 3349d the following:
``3349e. Presidential explanation of failure to nominate an Inspector
General.''.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect--
(1) on the date of enactment of this Act with respect to
any vacancy first occurring on or after that date; and
(2) on the day that is 210 days after the date of enactment
of this Act with respect to any vacancy that occurred before
the date of enactment of this Act.
Subtitle C--Integrity Committee of the Council of Inspectors General on
Integrity and Efficiency Transparency
SEC. 5231. SHORT TITLE.
This subtitle may be cited as the ``Integrity Committee
Transparency Act of 2022''.
SEC. 5232. ADDITIONAL INFORMATION TO BE INCLUDED IN REQUESTS AND
REPORTS TO CONGRESS.
Section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App.)
is amended--
(1) in paragraph (5)(B)(ii), by striking the period at the
end and inserting ``, the length of time the Integrity
Committee has been evaluating the allegation of wrongdoing, and
a description of any previous written notice provided under
this clause with respect to the allegation of wrongdoing,
including the description provided for why additional time was
needed.''; and
(2) in paragraph (8)(A)(ii), by inserting ``or corrective
action'' after ``disciplinary action''.
SEC. 5233. AVAILABILITY OF INFORMATION TO CONGRESS ON CERTAIN
ALLEGATIONS OF WRONGDOING CLOSED WITHOUT REFERRAL.
Section 11(d)(5)(B) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
``(iii) Availability of information to
congress on certain allegations of wrongdoing
closed without referral.--With respect to an
allegation of wrongdoing made by a member of
Congress that is closed by the Integrity
Committee without referral to the Chairperson
of the Integrity Committee to initiate an
investigation, the Chairperson of the Integrity
Committee shall, not later than 60 days after
closing the allegation of wrongdoing, provide a
written description of the nature of the
allegation of wrongdoing and how the Integrity
Committee evaluated the allegation of
wrongdoing to--
``(I) the Chair and Ranking
Minority Member of the Committee on
Homeland Security and Governmental
Affairs of the Senate; and
``(II) the Chair and Ranking
Minority Member of the Committee on
Oversight and Reform of the House of
Representatives.''.
SEC. 5234. SEMIANNUAL REPORT.
Section 11(d)(9) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended to read as follows:
``(9) Semiannual report.--On or before May 31, 2023, and
every 6 months thereafter, the Council shall submit to Congress
and the President a report on the activities of the Integrity
Committee during the immediately preceding 6-month periods
ending March 31 and September 30, which shall include the
following with respect to allegations of wrongdoing that are
made against Inspectors General and staff members of the
various Offices of Inspector General described in paragraph
(4)(C):
``(A) An overview and analysis of the allegations
of wrongdoing disposed of by the Integrity Committee,
including--
``(i) analysis of the positions held by
individuals against whom allegations were made,
including the duties affiliated with such
positions;
``(ii) analysis of the categories or types
of the allegations of wrongdoing; and
``(iii) a summary of disposition of all the
allegations.
``(B) The number of allegations received by the
Integrity Committee.
``(C) The number of allegations referred to the
Department of Justice or the Office of Special Counsel,
including the number of allegations referred for
criminal investigation.
``(D) The number of allegations referred to the
Chairperson of the Integrity Committee for
investigation, a general description of the status of
such investigations, and a summary of the findings of
investigations completed.
``(E) An overview and analysis of allegations of
wrongdoing received by the Integrity Committee during
any previous reporting period, but remained pending
during some part of the six months covered by the
report, including--
``(i) analysis of the positions held by
individuals against whom allegations were made,
including the duties affiliated with such
positions;
``(ii) analysis of the categories or types
of the allegations of wrongdoing; and
``(iii) a summary of disposition of all the
allegations.
``(F) The number and category or type of pending
investigations.
``(G) For each allegation received--
``(i) the date on which the investigation
was opened;
``(ii) the date on which the allegation was
disposed of, as applicable; and
``(iii) the case number associated with the
allegation.
``(H) The nature and number of allegations to the
Integrity Committee closed without referral, including
the justification for why each allegation was closed
without referral.
``(I) A brief description of any difficulty
encountered by the Integrity Committee when receiving,
evaluating, investigating, or referring for
investigation an allegation received by the Integrity
Committee, including a brief description of--
``(i) any attempt to prevent or hinder an
investigation; or
``(ii) concerns about the integrity or
operations at an Office of Inspector General.
``(J) Other matters that the Council considers
appropriate.''.
SEC. 5235. ADDITIONAL REPORTS.
Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) by redesignating subsections (e) and (f) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Additional Reports.--
``(1) Report to inspector general.--The Chairperson of the
Integrity Committee of the Council of the Inspectors General on
Integrity and Efficiency shall, immediately whenever the
Chairperson of the Integrity Committee becomes aware of
particularly serious or flagrant problems, abuses, or
deficiencies relating to the administration of programs and
operations of an Office of Inspector General for which the
Integrity Committee may receive, review, and refer for
investigation allegations of wrongdoing under section 11(d),
submit a report to the Inspector General who leads the Office
at which the serious or flagrant problems, abuses, or
deficiencies were alleged.
``(2) Report to president, congress, and the
establishment.--Not later than 7 days after the date on which
an Inspector General receives a report submitted under
paragraph (1), the Inspector General shall submit to the
President, the appropriate congressional committees, and the
head of the establishment--
``(A) the report received under paragraph (1); and
``(B) a report by the Inspector General containing
any comments the Inspector General determines
appropriate.''.
SEC. 5236. REQUIREMENT TO REPORT FINAL DISPOSITION TO CONGRESS.
Section 11(d)(8)(B) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by inserting ``and the appropriate congressional
committees'' after ``Integrity Committee''.
SEC. 5237. INVESTIGATIONS OF OFFICES OF INSPECTOR GENERAL OF
ESTABLISHMENTS BY THE INTEGRITY COMMITTEE.
Section 11(d)(7)(B)(i)(V) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by inserting ``, and that an investigation of
an Office of Inspector General of an establishment is conducted by
another Office of Inspector General of an establishment'' after
``size''.
Subtitle D--Notice of Ongoing Investigations When There Is a Change in
Status of Inspector General
SEC. 5241. NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A CHANGE IN
STATUS OF INSPECTOR GENERAL.
Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended by inserting after subsection (e), as added by section 5625 of
this title, the following:
``(f)(1) Except as provided in paragraph (2), not later than 15
days after an Inspector General is removed, placed on paid or unpaid
nonduty status, or transferred to another position or location within
an establishment, the officer or employee performing the functions and
duties of the Inspector General temporarily in an acting capacity shall
submit to the appropriate congressional committees information
regarding work being conducted by the Office as of the date on which
the Inspector General was removed, placed on paid or unpaid non-duty
status, or transferred, which shall include--
``(A) for each investigation--
``(i) the type of alleged offense;
``(ii) the fiscal quarter in which the Office
initiated the investigation;
``(iii) the relevant Federal agency, including the
relevant component of that Federal agency for any
Federal agency listed in section 901(b) of title 31,
United States Code, under investigation or affiliated
with the individual or entity under investigation; and
``(iv) whether the investigation is administrative,
civil, criminal, or a combination thereof, if known;
and
``(B) for any work not described in subparagraph (A)--
``(i) a description of the subject matter and
scope;
``(ii) the relevant agency, including the relevant
component of that Federal agency, under review;
``(iii) the date on which the Office initiated the
work; and
``(iv) the expected time frame for completion.
``(2) With respect to an inspector general of an element of the
intelligence community specified in section 8G(d)(2) of the Inspector
General Act of 1978 (5 U.S.C. App.), the submission required by
paragraph (1) shall only be made to the committees of Congress
specified in section 8G(d)(2)(E).''.
Subtitle E--Council of the Inspectors General on Integrity and
Efficiency Report on Expenditures
SEC. 5251. CIGIE REPORT ON EXPENDITURES.
Section 11(c)(3) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
``(D) Report on expenditures.--Not later than
November 30 of each year, the Chairperson shall submit
to the appropriate committees or subcommittees of
Congress, including the Committee on Appropriations of
the Senate and the Committee on Appropriations of the
House of Representatives, a report on the expenditures
of the Council for the preceding fiscal year, including
from direct appropriations to the Council, interagency
funding pursuant to subparagraph (A), a revolving fund
pursuant to subparagraph (B), or any other source.''.
Subtitle F--Notice of Refusal to Provide Inspectors General Access
SEC. 5261. NOTICE OF REFUSAL TO PROVIDE INFORMATION OR ASSISTANCE TO
INSPECTORS GENERAL.
Section 6(c) of the Inspector General Act of 1978 (5 U.S.C. App.)
is amended by adding at the end the following:
``(3) If the information or assistance that is the subject
of a report under paragraph (2) is not provided to the
Inspector General by the date that is 30 days after the report
is made, the Inspector General shall submit a notice that the
information or assistance requested has not been provided by
the head of the establishment involved or the head of the
Federal agency involved, as applicable, to the appropriate
congressional committees.''.
Subtitle G--Training Resources for Inspectors General and Other Matters
SEC. 5271. TRAINING RESOURCES FOR INSPECTORS GENERAL.
Section 11(c)(1) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) by redesignating subparagraphs (E) through (I) as
subparagraphs (F) through (J), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) support the professional development of
Inspectors General, including by providing training
opportunities on the duties, responsibilities, and
authorities under this Act and on topics relevant to
Inspectors General and the work of Inspectors General,
as identified by Inspectors General and the Council.''.
SEC. 5272. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in section 5--
(A) in subsection (b), in the matter preceding
paragraph (1), by striking ``committees or
subcommittees of the Congress'' and inserting
``congressional committees''; and
(B) in subsection (d), by striking ``committees or
subcommittees of Congress'' and inserting
``congressional committees'';
(2) in section 6(h)(4)--
(A) in subparagraph (B), by striking
``Government''; and
(B) by amending subparagraph (C) to read as
follows:
``(C) Any other relevant congressional committee or
subcommittee of jurisdiction.'';
(3) in section 8--
(A) in subsection (b)--
(i) in paragraph (3), by striking ``the
Committees on Armed Services and Governmental
Affairs of the Senate and the Committee on
Armed Services and the Committee on Government
Reform and Oversight of the House of
Representatives and to other appropriate
committees or subcommittees of the Congress''
and inserting ``the appropriate congressional
committees, including the Committee on Armed
Services of the Senate and the Committee on
Armed Services of the House of
Representatives''; and
(ii) in paragraph (4), by striking ``and to
other appropriate committees or
subcommittees''; and
(B) in subsection (f)--
(i) in paragraph (1), by striking ``the
Committees on Armed Services and on Homeland
Security and Governmental Affairs of the Senate
and the Committees on Armed Services and on
Oversight and Government Reform of the House of
Representatives and to other appropriate
committees or subcommittees of Congress'' and
inserting ``the appropriate congressional
committees, including the Committee on Armed
Services of the Senate and the Committee on
Armed Services of the House of
Representatives''; and
(ii) in paragraph (2), by striking
``committees or subcommittees of the Congress''
and inserting ``congressional committees'';
(4) in section 8D--
(A) in subsection (a)(3), by striking ``Committees
on Governmental Affairs and Finance of the Senate and
the Committees on Government Operations and Ways and
Means of the House of Representatives, and to other
appropriate committees or subcommittees of the
Congress'' and inserting ``appropriate congressional
committees, including the Committee on Finance of the
Senate and the Committee on Ways and Means of the House
of Representatives''; and
(B) in subsection (g)--
(i) in paragraph (1)--
(I) by striking ``committees or
subcommittees of the Congress'' and
inserting ``congressional committees'';
and
(II) by striking ``Committees on
Governmental Affairs and Finance of the
Senate and the Committees on Government
Reform and Oversight and Ways and Means
of the House of Representatives'' and
inserting ``Committee on Finance of the
Senate and the Committee on Ways and
Means of the House of
Representatives''; and
(ii) in paragraph (2), by striking
``committees or subcommittees of Congress'' and
inserting ``congressional committees'';
(5) in section 8E--
(A) in subsection (a)(3), by striking ``Committees
on Governmental Affairs and Judiciary of the Senate and
the Committees on Government Operations and Judiciary
of the House of Representatives, and to other
appropriate committees or subcommittees of the
Congress'' and inserting ``appropriate congressional
committees, including the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the
House of Representatives''; and
(B) in subsection (c)--
(i) by striking ``committees or
subcommittees of the Congress'' and inserting
``congressional committees''; and
(ii) by striking ``Committees on the
Judiciary and Governmental Affairs of the
Senate and the Committees on the Judiciary and
Government Operations of the House of
Representatives'' and inserting ``Committee on
the Judiciary of the Senate and the Committee
on the Judiciary of the House of
Representatives'';
(6) in section 8G(f)(3)--
(A) in subparagraph (A)(iii), by striking
``Committee on Governmental Affairs of the Senate and
the Committee on Government Reform and Oversight of the
House of Representatives, and to other appropriate
committees or subcommittees of the Congress'' and
inserting ``the appropriate congressional committees'';
and
(B) by striking subparagraph (C);
(7) in section 8I--
(A) in subsection (a)(3), in the matter preceding
subparagraph (A), by striking ``committees and
subcommittees of Congress'' and inserting
``congressional committees''; and
(B) in subsection (d), by striking ``committees and
subcommittees of Congress'' each place it appears and
inserting ``congressional committees'';
(8) in section 8N(b), by striking ``committees of
Congress'' and inserting ``congressional committees'';
(9) in section 11--
(A) in subsection (b)(3)(B)(viii)--
(i) by striking subclauses (III) and (IV);
(ii) in subclause (I), by adding ``and'' at
the end; and
(iii) by amending subclause (II) to read as
follows:
``(II) the appropriate
congressional committees.''; and
(B) in subsection (d)(8)(A)(iii), by striking ``to
the'' and all that follows through ``jurisdiction'' and
inserting ``to the appropriate congressional
committees''; and
(10) in section 12--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(6) the term `appropriate congressional committees'
means--
``(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(B) the Committee on Oversight and Reform of the
House of Representatives; and
``(C) any other relevant congressional committee or
subcommittee of jurisdiction.''.
SEC. 5273. SEMIANNUAL REPORTS.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in section 4(a)(2)--
(A) by inserting ``, including'' after ``to make
recommendations''; and
(B) by inserting a comma after ``section 5(a)'';
(2) in section 5--
(A) in subsection (a)--
(i) by striking paragraphs (1) through (12)
and inserting the following:
``(1) a description of significant problems, abuses, and
deficiencies relating to the administration of programs and
operations of the establishment and associated reports and
recommendations for corrective action made by the Office;
``(2) an identification of each recommendation made before
the reporting period, for which corrective action has not been
completed, including the potential costs savings associated
with the recommendation;
``(3) a summary of significant investigations closed during
the reporting period;
``(4) an identification of the total number of convictions
during the reporting period resulting from investigations;
``(5) information regarding each audit, inspection, or
evaluation report issued during the reporting period,
including--
``(A) a listing of each audit, inspection, or
evaluation;
``(B) if applicable, the total dollar value of
questioned costs (including a separate category for the
dollar value of unsupported costs) and the dollar value
of recommendations that funds be put to better use,
including whether a management decision had been made
by the end of the reporting period;
``(6) information regarding any management decision made
during the reporting period with respect to any audit,
inspection, or evaluation issued during a previous reporting
period;'';
(ii) by redesignating paragraphs (13)
through (22) as paragraphs (7) through (16),
respectively;
(iii) by amending paragraph (13), as so
redesignated, to read as follows:
``(13) a report on each investigation conducted by the
Office where allegations of misconduct were substantiated
involving a senior Government employee or senior official (as
defined by the Office) if the establishment does not have
senior Government employees, which shall include--
``(A) the name of the senior Government employee,
if already made public by the Office; and
``(B) a detailed description of--
``(i) the facts and circumstances of the
investigation; and
``(ii) the status and disposition of the
matter, including--
``(I) if the matter was referred to
the Department of Justice, the date of
the referral; and
``(II) if the Department of Justice
declined the referral, the date of the
declination;''; and
(iv) by amending paragraph (15), as so
redesignated, to read as follows:
``(15) information related to interference by the
establishment, including--
``(A) a detailed description of any attempt by the
establishment to interfere with the independence of the
Office, including--
``(i) with budget constraints designed to
limit the capabilities of the Office; and
``(ii) incidents where the establishment
has resisted or objected to oversight
activities of the Office or restricted or
significantly delayed access to information,
including the justification of the
establishment for such action; and
``(B) a summary of each report made to the head of
the establishment under section 6(c)(2) during the
reporting period;''; and
(B) in subsection (b)--
(i) by striking paragraphs (2) and (3) and
inserting the following:
``(2) where final action on audit, inspection, and
evaluation reports had not been taken before the commencement
of the reporting period, statistical tables showing--
``(A) with respect to management decisions--
``(i) for each report, whether a management
decision was made during the reporting period;
``(ii) if a management decision was made
during the reporting period, the dollar value
of disallowed costs and funds to be put to
better use as agreed to in the management
decision; and
``(iii) total number of reports where a
management decision was made during the
reporting period and the total corresponding
dollar value of disallowed costs and funds to
be put to better use as agreed to in the
management decision; and
``(B) with respect to final actions--
``(i) whether, if a management decision was
made before the end of the reporting period,
final action was taken during the reporting
period;
``(ii) if final action was taken, the
dollar value of--
``(I) disallowed costs that were
recovered by management through
collection, offset, property in lieu of
cash, or otherwise;
``(II) disallowed costs that were
written off by management;
``(III) disallowed costs and funds
to be put to better use not yet
recovered or written off by management;
``(IV) recommendations that were
completed; and
``(V) recommendations that
management has subsequently concluded
should not or could not be implemented
or completed; and
``(iii) total number of reports where final
action was not taken and total number of
reports where final action was taken, including
the total corresponding dollar value of
disallowed costs and funds to be put to better
use as agreed to in the management
decisions;'';
(ii) by redesignating paragraph (4) as
paragraph (3);
(iii) in paragraph (3), as so redesignated,
by striking ``subsection (a)(20)(A)'' and
inserting ``subsection (a)(14)(A)''; and
(iv) by striking paragraph (5) and
inserting the following:
``(4) a statement explaining why final action has not been
taken with respect to each audit, inspection, and evaluation
report in which a management decision has been made but final
action has not yet been taken, except that such statement--
``(A) may exclude reports if--
``(i) a management decision was made within
the preceding year; or
``(ii) the report is under formal
administrative or judicial appeal or management
of the establishment has agreed to pursue a
legislative solution; and
``(B) shall identify the number of reports in each
category so excluded.'';
(C) by redesignating subsection (h), as so
redesignated by section 5625 of this title, as
subsection (i); and
(D) by inserting after subsection (g), as so
redesignated by section 5625 of this title, the
following:
``(h) If an Office has published any portion of the report or
information required under subsection (a) to the website of the Office
or on oversight.gov, the Office may elect to provide links to the
relevant webpage or website in the report of the Office under
subsection (a) in lieu of including the information in that report.''.
SEC. 5274. SUBMISSION OF REPORTS THAT SPECIFICALLY IDENTIFY NON-
GOVERNMENTAL ORGANIZATIONS OR BUSINESS ENTITIES.
(a) In General.--Section 5(g) of the Inspector General Act of 1978
(5 U.S.C. App.), as so redesignated by section 5625 of this title, is
amended by adding at the end the following:
``(6)(A) Except as provided in subparagraph (B), if an
audit, evaluation, inspection, or other non-investigative
report prepared by an Inspector General specifically identifies
a specific non-governmental organization or business entity,
whether or not the non-governmental organization or business
entity is the subject of that audit, evaluation, inspection, or
non-investigative report--
``(i) the Inspector General shall notify the non-
governmental organization or business entity;
``(ii) the non-governmental organization or
business entity shall have--
``(I) 30 days to review the audit,
evaluation, inspection, or non-investigative
report beginning on the date of publication of
the audit, evaluation, inspection, or non-
investigative report; and
``(II) the opportunity to submit a written
response for the purpose of clarifying or
providing additional context as it directly
relates to each instance wherein an audit,
evaluation, inspection, or non-investigative
report specifically identifies that non-
governmental organization or business entity;
and
``(iii) if a written response is submitted under
clause (ii)(II) within the 30-day period described in
clause (ii)(I)--
``(I) the written response shall be
attached to the audit, evaluation, inspection,
or non-investigative report; and
``(II) in every instance where the report
may appear on the public-facing website of the
Inspector General, the website shall be updated
in order to access a version of the audit,
evaluation, inspection, or non-investigative
report that includes the written response.
``(B) Subparagraph (A) shall not apply with respect to a
non-governmental organization or business entity that refused
to provide information or assistance sought by an Inspector
General during the creation of the audit, evaluation,
inspection, or non-investigative report.
``(C) An Inspector General shall review any written
response received under subparagraph (A) for the purpose of
preventing the improper disclosure of classified information or
other non-public information, consistent with applicable laws,
rules, and regulations, and, if necessary, redact such
information.''.
(b) Retroactive Applicability.--During the 30-day period beginning
on the date of enactment of this Act--
(1) the amendment made by subsection (a) shall apply upon
the request of a non-governmental organization or business
entity named in an audit, evaluation, inspection, or other non-
investigative report prepared on or after January 1, 2019; and
(2) any written response submitted under clause (iii) of
section 5(g)(6)(A) of the Inspector General Act of 1978 (5
U.S.C. App.), as added by subsection (a), with respect to such
an audit, evaluation, inspection, or other non-investigative
report shall attach to the original report in the manner
described in that clause.
SEC. 5275. REVIEW RELATING TO VETTING, PROCESSING, AND RESETTLEMENT OF
EVACUEES FROM AFGHANISTAN AND THE AFGHANISTAN SPECIAL
IMMIGRANT VISA PROGRAM.
(a) In General.--In accordance with the Inspector General Act of
1978 (5 U.S.C. App.), the Inspector General of the Department of
Homeland Security, jointly with the Inspector General of the Department
of State, and in coordination with the Inspector General of the
Department of Defense and any appropriate Inspector General established
by that Act or section 103H of the National Security Act of 1947 (50
U.S.C. 3033), shall conduct a thorough review of efforts to support and
process evacuees from Afghanistan and the Afghanistan special immigrant
visa program.
(b) Elements.--The review required by subsection (a) shall include
an assessment of the systems, staffing, policies, and programs used--
(1) to screen and vet such evacuees, including--
(A) an assessment of whether personnel conducting
such screening and vetting were appropriately
authorized and provided with training, including
training in the detection of fraudulent personal
identification documents;
(B) an analysis of the degree to which such
screening and vetting deviated from United States law,
regulations, policy, and best practices relating to the
screening and vetting of parolees, refugees, and
applicants for United States visas that have been in
use at any time since January 1, 2016, particularly for
individuals from countries containing any active
terrorist organizations; and
(C) an identification of any risk to the national
security of the United States posed by any such
deviations;
(D) an analysis of the processes used for evacuees
traveling without personal identification records,
including the creation or provision of any new
identification records to such evacuees; and
(E) an analysis of the degree to which such
screening and vetting process was capable of
detecting--
(i) instances of human trafficking and
domestic abuse;
(ii) evacuees who are unaccompanied minors;
and
(iii) evacuees with a spouse who is a
minor;
(2) to admit and process such evacuees at United States
ports of entry;
(3) to temporarily house such evacuees prior to
resettlement;
(4) to account for the total number of individuals
evacuated from Afghanistan in 2021 with support of the United
States Government, disaggregated by--
(A) country of origin;
(B) citizenship, only if different from country of
origin;
(C) age;
(D) gender;
(E) the number of individuals who were holders of a
special immigrant visa issued pursuant to the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note;
Public Law 111-8) or section 1059 of the National
Defense Authorization Act for Fiscal Year 2006 (8
U.S.C. 1101 note; Public Law 109-163) at the time of
evacuation;
(F) the number of individuals who were applicants
for a special immigrant visas pursuant to the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note;
Public Law 111-8) or section 1059 of the National
Defense Authorization Act for Fiscal Year 2006 (8
U.S.C. 1101 note; Public Law 109-163) at the time of
evacuation;
(G) the number who were in possession of a valid
nonimmigrant visa to enter the United States at the
time of evacuation; and
(H) familial relationship to individuals described
in subparagraphs (E) through (G).
(c) Interim Reporting.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Inspector General of the
Department of Homeland Security and the Inspector General of
the Department of State shall submit to the appropriate
congressional committees not fewer than one interim report on
the review conducted under this section.
(2) Form.--Any report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(3) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(i) the Committee on Homeland Security and
Governmental Affairs, the Committee on Armed
Services, the Committee on Foreign Relations,
the Select Committee on Intelligence, and the
Committee on the Judiciary of the Senate; and
(ii) the Committee on Oversight and Reform,
the Committee on Armed Services, the Committee
on Foreign Affairs, the Permanent Select
Committee on Intelligence, and the Committee on
the Judiciary of the House of Representatives.
(B) Screen; screening.--The terms ``screen'' and
``screening'', with respect to an evacuee, mean the
process by which a Federal official determines--
(i) the identity of the evacuee;
(ii) whether the evacuee has a valid
identification documentation; and
(iii) whether any database of the United
States Government contains derogatory
information about the evacuee.
(C) Vet; vetting.--The term ``vet'' and
``vetting'', with respect to an evacuee, means the
process by which a Federal official interviews the
evacuee to determine whether the evacuee is who they
purport to be, including whether the evacuee poses a
national security risk.
(d) Discharge of Responsibilities.--The Inspector General of the
Department of Homeland Security and the Inspector General of the
Department of State shall discharge the responsibilities under this
section in a manner consistent with the authorities and requirements of
the Inspector General Act of 1978 (5 U.S.C. App.) and the authorities
and requirements applicable to the Inspector General of the Department
of Homeland Security and the Inspector General of the Department of
State under that Act.
(e) Coordination.--Upon request of an Inspector General for
information or assistance under subsection (a), the head of any Federal
agency involved shall, insofar as is practicable and not in
contravention of any existing statutory restriction or regulation of
the Federal agency from which the information is requested, furnish to
such Inspector General, or to an authorized designee, such information
or assistance.
(f) Rule of Construction.--Nothing in this section shall be
construed to limit the ability of the Inspector General of the
Department of Homeland Security or the Inspector General of the
Department of State to enter into agreements to conduct joint audits,
inspections, or investigations in the exercise of the oversight
responsibilities of the Inspector General of the Department of Homeland
Security and the Inspector General of the Department of State, in
accordance with the Inspector General Act of 1978 (5 U.S.C. App.), with
respect to oversight of the evacuation from Afghanistan, the selection,
vetting, and processing of applicants for special immigrant visas and
asylum, and any resettlement in the United States of such evacuees.
TITLE LIII--OVERSIGHT AND REFORM MATTERS
Subtitle A--General Provisions
Sec. 5301. Access for Veterans to Records.
Sec. 5302. ONDCP supplemental strategies.
Sec. 5303. Performance Enhancement.
Sec. 5304. Appeals to merit systems protection board relating to FBI
reprisal allegations; salary of Special
Counsel.
Sec. 5305. Fairness for Federal firefighters.
Subtitle B--PLUM Act of 2022
Sec. 5321. Short title.
Sec. 5322. Establishment of public website on government policy and
supporting positions.
Subtitle A--General Provisions
SEC. 5301. ACCESS FOR VETERANS TO RECORDS.
(a) Plan to Eliminate Records Backlog at the National Personnel
Records Center.--
(1) Plan required.--Not later than 60 days after the date
of the enactment of this Act, the Archivist of the United
States shall submit to the appropriate congressional committees
a comprehensive plan for reducing the backlog of requests for
records from the National Personnel Records Center and
improving the efficiency and responsiveness of operations at
the National Personnel Records Center, that includes, at a
minimum, the following:
(A) An estimate of the number of backlogged record
requests for veterans.
(B) Target timeframes to reduce the backlog.
(C) A detailed plan for using existing funds to
improve the information technology infrastructure,
including secure access to appropriate agency Federal
records, to prevent future backlogs.
(D) Actions to improve customer service for
requesters.
(E) Measurable goals with respect to the
comprehensive plan and metrics for tracking progress
toward such goals.
(F) Strategies to prevent future record request
backlogs, including backlogs caused by an event that
prevents employees of the Center from reporting to work
in person.
(2) Updates.--Not later than 90 days after the date on
which the comprehensive plan is submitted under paragraph (1),
and biannually thereafter until the response rate by the
National Personnel Records Center reaches 90 percent of all
requests in 20 days or less, not including any request
involving a record damaged or lost in the National Personnel
Records Center fire of 1973 or any request that is subject to a
fee that has not been paid in a timely manner by the requestor
(provided the National Personnel Records Center issues an
invoice within 20 days after the date on which the request is
made), the Archivist of the United States shall submit to the
appropriate congressional committees an update of such plan
that--
(A) describes progress made by the National
Personnel Records Center during the preceding 90-day
period with respect to record request backlog reduction
and efficiency and responsiveness improvement;
(B) provides data on progress made toward the goals
identified in the comprehensive plan; and
(C) describes any changes made to the comprehensive
plan.
(3) Consultation requirement.--In carrying out paragraphs
(1) and (2), the Archivist of the United States shall consult
with the Secretary of Veterans Affairs.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Oversight and Reform, the
Committee on Veterans' Affairs, and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs, the Committee on Veterans'
Affairs, and the Committee on Appropriations of the
Senate.
(b) Additional Funding to Address Records Backlog.--
(1) Authorization of appropriations.--In addition to
amounts otherwise available, there is authorized to be
appropriated to the National Archives and Records
Administration, $60,000,000 to address backlogs in responding
to requests from veterans for military personnel records,
improve cybersecurity, improve digital preservation and access
to archival Federal records, and address backlogs in requests
made under section 552 of title 5, United States Code (commonly
referred to as the Freedom of Information Act). Such amounts
may also be used for the Federal Records Center Program.
(2) Requirement to maintain in-person staffing levels.--
Subject to the availability of appropriations, and not later
than 30 days after the date of the enactment of this Act, the
Archivist of the United States shall ensure, to the extent
practicable, that the National Personnel Records Center
maintains staffing levels and telework arrangements that enable
the maximum processing of records requests possible in order to
achieve the performance goal of responding to 90 percent of all
requests in 20 days or less, not including any request
involving a record damaged or lost in the National Personnel
Records Center fire of 1973 or any request that is subject to a
fee that has not been paid in a timely manner by the requestor
(provided the National Personnel Records Center issues an
invoice within 20 days after the date on which the request is
made).
(3) Inspector general reporting.--The Inspector General for
the National Archives and Records Administration shall, for two
years following the date of the enactment of this Act, include
in every semiannual report submitted to Congress pursuant to
the Inspector General Act of 1978 (5 U.S.C. App.), a detailed
summary of--
(A) efforts taken by the National Archives and
Records Administration to address the backlog of
records requests at the National Personnel Records
Center; and
(B) any recommendations for action proposed by the
Inspector General related to reducing the backlog of
records requests at the National Personnel Records
Center and the status of compliance with those
recommendations by the National Archives and Records
Administration.
SEC. 5302. ONDCP SUPPLEMENTAL STRATEGIES.
Section 706(h) of the Office of National Drug Control Policy
Reauthorization Act of 1998 (21 U.S.C. 1705(h)) is amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) develops performance measures and targets for the
National Drug Control Strategy for supplemental strategies (the
Southwest Border, Northern Border, and Caribbean Border
Counternarcotics Strategies) to effectively evaluate region-
specific goals, to the extent the performance measurement
system does not adequately measure the effectiveness of the
strategies, as determined by the Director, such strategies may
evaluate interdiction efforts at and between ports of entry,
interdiction technology, intelligence sharing, diplomacy, and
other appropriate metrics, specific to each supplemental
strategies region, as determined by the Director.''.
SEC. 5303. PERFORMANCE ENHANCEMENT.
(a) Short Title.--This section may be cited as the ``Performance
Enhancement Reform Act''.
(b) In General.--Section 1115 of title 31, United States Code, is
amended--
(1) by amending subsection (b)(5) to read as follows:
``(5) provide a description of how the performance goals
are to be achieved, including--
``(A) the human capital, training, data and
evidence, information technology, and skill sets
required to meet the performance goals;
``(B) the technology modernization investments,
system upgrades, staff technology skills and expertise,
stakeholder input and feedback, and other resources and
strategies needed and required to meet the performance
goals;
``(C) clearly defined milestones;
``(D) an identification of the organizations,
program activities, regulations, policies, operational
processes, and other activities that contribute to each
performance goal, both within and external to the
agency;
``(E) a description of how the agency is working
with other agencies and the organizations identified in
subparagraph (D) to measure and achieve its performance
goals as well as relevant Federal Government
performance goals; and
``(F) an identification of the agency officials
responsible for the achievement of each performance
goal, who shall be known as goal leaders;''; and
(2) by amending subsection (g) to read as follows:
``(g) Preparation of Performance Plan.--The Performance Improvement
Officer of each agency (or the functional equivalent) shall collaborate
with the Chief Human Capital Officer (or the functional equivalent),
the Chief Information Officer (or the functional equivalent), the Chief
Data Officer (or the functional equivalent), and the Chief Financial
Officer (or the functional equivalent) of that agency to prepare that
portion of the annual performance plan described under subsection
(b)(5) for that agency.''.
SEC. 5304. APPEALS TO MERIT SYSTEMS PROTECTION BOARD RELATING TO FBI
REPRISAL ALLEGATIONS; SALARY OF SPECIAL COUNSEL.
(a) Appeals to Mspb.--Section 2303 of title 5, United States Code,
is amended by adding at the end the following:
``(d)(1) An employee of the Federal Bureau of Investigation who
makes an allegation of a reprisal under regulations promulgated under
this section may appeal a final determination or corrective action
order by the Bureau under those regulations to the Merit Systems
Protection Board pursuant to section 1221.
``(2) If no final determination or corrective action order has been
made or issued for an allegation described in paragraph (1) before the
expiration of the 180-day period beginning on the date on which the
allegation is received by the Federal Bureau of Investigation, the
employee described in that paragraph may seek corrective action
directly from the Merit Systems Protection Board pursuant to section
1221.''.
(b) Special Counsel Salary.--
(1) In general.--Subchapter II of chapter 53 of title 5,
United States Code, is amended--
(A) in section 5314, by adding at the end the
following new item: ``Special Counsel of the Office of
Special Counsel.''; and
(B) in section 5315, by striking ``Special Counsel
of the Merit Systems Protection Board.''.
(2) Application.--The rate of pay applied under the
amendments made by paragraph (1) shall begin to apply on the
first day of the first pay period beginning after date of
enactment of this Act.
SEC. 5305. FAIRNESS FOR FEDERAL FIREFIGHTERS.
(a) Certain Illnesses and Diseases Presumed to Be Work-related
Cause of Disability or Death for Federal Employees in Fire Protection
Activities.--
(1) Presumption relating to employees in fire protection
activities.--
(A) In general.--Subchapter I of chapter 81 of
title 5, United States Code, is amended by inserting
after section 8143a the following:
``Sec. 8143b. Employees in fire protection activities
``(a) Definitions.--In this section:
``(1) Employee in fire protection activities.--The term
`employee in fire protection activities' means an employee
employed as a firefighter (including a wildland firefighter),
paramedic, emergency medical technician, rescue worker,
ambulance personnel, or hazardous material worker who--
``(A) is trained in fire suppression;
``(B) has the legal authority and responsibility to
engage in fire suppression;
``(C) is engaged in the prevention, control, or
extinguishment of fires or response to emergency
situations in which life, property, or the environment
is at risk, including the prevention, control,
suppression, or management of wildland fires; and
``(D) performs the activities described in
subparagraph (C) as a primary responsibility of the job
of the employee.
``(2) Rule.--The term `rule' has the meaning given the term
in section 804.
``(3) Secretary.--The term `Secretary' means the Secretary
of Labor.
``(b) Certain Illnesses and Diseased Deemed to Be Proximately
Caused by Employment in Fire Protection Activities.--
``(1) In general.--For a claim under this subchapter of
disability or death of an employee who has been employed for
not less than 5 years in aggregate as an employee in fire
protection activities, an illness or disease specified on the
list established under paragraph (2) shall be deemed to be
proximately caused by the employment of that employee, if the
employee is diagnosed with that illness or disease not later
than 10 years after the last activedate of employment as an
employee in fire protection activities.
``(2) Establishment of initial list.--There is established
under this section the following list of illnesses and
diseases:
``(A) Bladder cancer.
``(B) Brain cancer.
``(C) Chronic obstructive pulmonary disease.
``(D) Colorectal cancer.
``(E) Esophageal cancer.
``(F) Kidney cancer.
``(G) Leukemias.
``(H) Lung cancer.
``(I) Mesothelioma.
``(J) Multiple myeloma.
``(K) Non-Hodgkin lymphoma.
``(L) Prostate cancer.
``(M) Skin cancer (melanoma).
``(N) A sudden cardiac event or stroke suffered
while, or not later than 24 hours after, engaging in
the activities described in subsection (a)(1)(C).
``(O) Testicular cancer.
``(P) Thyroid cancer.
``(3) Additions to the list.--
``(A) In general.--
``(i) Periodic review.--The Secretary
shall--
``(I) in consultation with the
Director of the National Institute for
Occupational Safety and Health and any
advisory committee determined
appropriate by the Secretary,
periodically review the list
established under paragraph (2); and
``(II) if the Secretary determines
that the weight of the best available
scientific evidence warrants adding an
illness or disease to the list
established under paragraph (2), as
described in subparagraph (B) of this
paragraph, make such an addition
through a rule that clearly identifies
that scientific evidence.
``(ii) Classification.--A rule issued by
the Secretary under clause (i) shall be
considered to be a major rule for the purposes
of chapter 8.
``(B) Basis for determination.--The Secretary shall
add an illness or disease to the list established under
paragraph (2) based on the weight of the best available
scientific evidence that there is a significant risk to
employees in fire protection activities of developing
that illness or disease.
``(C) Available expertise.--In determining
significant risk for purposes of subparagraph (B), the
Secretary may accept as authoritative, and may rely
upon, recommendations, risk assessments, and scientific
studies (including analyses of National Firefighter
Registry data pertaining to Federal firefighters) by
the National Institute for Occupational Safety and
Health, the National Toxicology Program, the National
Academies of Sciences, Engineering, and Medicine, and
the International Agency for Research on Cancer.''.
(B) Technical and conforming amendment.--The table
of sections for subchapter I of chapter 81 of title 5,
United States Code, is amended by inserting after the
item relating to section 8143a the following:
``8143b. Employees in fire protection activities.''.
(C) Application.--The amendments made by this
paragraph shall apply to claims for compensation filed
on or after the date of enactment of this Act.
(2) Research cooperation.--Not later than 120 days after
the date of enactment of this Act, the Secretary of Labor
(referred to in this subsection as the ``Secretary'') shall
establish a process by which an employee in fire protection
activities, as defined in subsection (a) of section 8143b of
title 5, United States Code, as added by paragraph (1) of this
subsection (referred to in this subsection as an ``employee in
fire protection activities'') filing a claim under chapter 81
of title 5, United States Code, as amended by this subsection,
relating to an illness or disease on the list established under
subsection (b)(2) of such section 8143b (referred to in this
subsection as ```the list'') as the list may be updated under
such section 8143b, shall be informed about, and offered the
opportunity to contribute to science by voluntarily enrolling
in, the National Firefighter Registry or a similar research or
public health initiative conducted by the Centers for Disease
Control and Prevention.
(3) Agenda for further review.--Not later than 3 years
after the date of enactment of this Act, the Secretary shall--
(A) evaluate the best available scientific evidence
of the risk to an employee in fire protection
activities of developing breast cancer, gynecological
cancers, and rhabdomyolysis;
(B) add breast cancer, gynecological cancers, and
rhabdomyolysis to the list, by rule in accordance with
subsection (b)(3) of section 8143b of title 5, United
States Code, as added by paragraph (1) of this
subsection, if the Secretary determines that such
evidence supports that addition; and
(C) submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the
Committee on Education and Labor of the House of
Representatives a report containing--
(i) the findings of the Secretary after
making the evaluation required under
subparagraph (A); and
(ii) the determination of the Secretary
under subparagraph (B).
(4) Report on federal wildland firefighters.--
(A) Definition.--In this paragraph, the term
``Federal wildland firefighter'' means an individual
occupying a position in the occupational series
developed pursuant to section 40803(d)(1) of the
Infrastructure Investment and Jobs Act (16 U.S.C.
6592(d)(1)).
(B) Study.--The Secretary of the Interior and the
Secretary of Agriculture, in consultation with the
Director of the National Institute for Occupational
Safety and Health and the Secretary, shall conduct a
comprehensive study on long-term health effects that
Federal wildland firefighters who are eligible to
receive compensation for work injuries under chapter 81
of title 5, United States Code, as amended by this
subsection, experience after being exposed to fires,
smoke, and toxic fumes when in service.
(C) Requirements.--The study required under
subparagraph (B) shall include--
(i) the race, ethnicity, age, gender, and
time of service of the Federal wildland
firefighters participating in the study; and
(ii) recommendations to Congress regarding
what legislative actions are needed to support
the Federal wildland firefighters described in
clause (i) in preventing health issues from the
toxic exposure described in subparagraph (B),
similar to veterans who are exposed to burn
pits.
(D) Submission and publication.--The Secretary of
the Interior and the Secretary of Agriculture shall
submit the results of the study conducted under this
paragraph to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Education and Labor of the House of Representatives and
make those results publicly available.
(5) Report on affected employees.--Beginning on the date
that is 1 year after the date of enactment of this Act, with
respect to each annual report required under section 8152 of
title 5, United States Code, the Secretary--
(A) shall include in the report the total number
of, and demographics regarding, employees in fire
protection activities with illnesses and diseases
described in the list (as the list may be updated under
this subsection and the amendments made by this
subsection), as of the date on which that annual report
is submitted, which shall be disaggregated by the
specific illness or disease for the purposes of
understanding the scope of the problem facing those
employees; and
(B) may--
(i) include in the report any information
with respect to employees in fire protection
activities that the Secretary determines to be
necessary; and
(ii) as appropriate, make recommendations
in the report for additional actions that could
be taken to minimize the risk of adverse health
impacts for employees in fire protection
activities.
(b) Subrogation of Continuation of Pay.--
(1) Subrogation of the united states.--Section 8131 of
title 5, United States Code, is amended--
(A) in subsection (a), in the matter preceding
paragraph (1), by inserting ``continuation of pay or''
before ``compensation''; and
(B) in subsection (c), in the second sentence, by
inserting ``continuation of pay or'' before
``compensation already paid''.
(2) Adjustment after recover from third person.--Section
8132 of title 5, United States Code, is amended--
(A) in the first sentence--
(i) by inserting ``continuation of pay or''
before ``compensation is payable'';
(ii) by inserting ``continuation of pay
or'' before ``compensation from the United
States'';
(iii) by striking ``in his behalf'' and
inserting ``on his behalf''; and
(iv) by inserting ``continuation of pay
or'' before```compensation paid by the United
States''; and
(B) by striking the fourth sentence and inserting
the following: ``If continuation of pay or compensation
has not been paid to the beneficiary, the money or
property shall be credited against continuation of pay
or compensation payable to him by the United States for
the same injury.''.
(c) Increase in Time-period for FECA Claimant Supply Supporting
Documentation to Office of Worker's Compensation.--Not later than 16
days after the date of enactment of this Act, the Secretary of Labor
shall--
(1) amend section 10.121 of title 20, Code of Federal
Regulations, or any successor regulation, by striking ``30
days'' and inserting ``60 days''; and
(2) modify the Federal Employees' Compensation Act manual
to reflect the changes made by the Secretary pursuant to
paragraph (1).
Subtitle B--PLUM Act of 2022
SEC. 5321. SHORT TITLE.
This subtitle may be cited as the ``Periodically Listing Updates
to Management Act of 2022'' or the ``PLUM Act of 2022''.
SEC. 5322. ESTABLISHMENT OF PUBLIC WEBSITE ON GOVERNMENT POLICY AND
SUPPORTING POSITIONS.
(a) Establishment.--
(1) In general.--Subchapter I of chapter 33 of title 5,
United States Code, is amended by adding at the end the
following:
``Sec. 3330f. Government policy and supporting position data
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' means--
``(A) any Executive agency, the United States
Postal Service, and the Postal Regulatory Commission;
``(B) the Architect of the Capitol, the Government
Accountability Office, the Government Publishing
Office, and the Library of Congress; and
``(C) the Executive Office of the President and any
component within that Office (including any successor
component), including--
``(i) the Council of Economic Advisors;
``(ii) the Council on Environmental
Quality;
``(iii) the National Security Council;
``(iv) the Office of the Vice President;
``(v) the Office of Policy Development;
``(vi) the Office of Administration;
``(vii) the Office of Management and
Budget;
``(viii) the Office of the United States
Trade Representative;
``(ix) the Office of Science and Technology
Policy;
``(x) the Office of National Drug Control
Policy; and
``(xi) the White House Office, including
the White House Office of Presidential
Personnel.
``(2) Appointee.--The term `appointee'--
``(A) means an individual serving in a policy and
supporting position; and
``(B) includes an individual serving in such a
position temporarily in an acting capacity in
accordance with--
``(i) sections 3345 through 3349d (commonly
referred to as the `Federal Vacancies Reform
Act of 1998');
``(ii) any other statutory provision
described in section 3347(a)(1); or
``(iii) a Presidential appointment
described in section 3347(a)(2).
``(3) Covered website.--The term `covered website' means
the website established and maintained by the Director under
subsection (b).
``(4) Director.--The term `Director' means the Director of
the Office of Personnel Management.
``(5) Policy and supporting position.--The term `policy and
supporting position'--
``(A) means any position at an agency, as
determined by the Director, that, but for this section
and section 2(b)(3) of the PLUM Act of 2022, would be
included in the publication entitled `United States
Government Policy and Supporting Positions', (commonly
referred to as the `Plum Book'); and
``(B) may include--
``(i) a position on any level of the
Executive Schedule under subchapter II of
chapter 53, or another position with an
equivalent rate of pay;
``(ii) a general position (as defined in
section 3132(a)(9)) in the Senior Executive
service;
``(iii) a position in the Senior Foreign
Service;
``(iv) a position of a confidential or
policy-determining character under schedule C
of subpart C of part 213 of title 5, Code of
Federal Regulations, or any successor
regulation; and
``(v) any other position classified at or
above level GS-14 of the General Schedule (or
equivalent) that is excepted from the
competitive service by law because of the
confidential or policy-determining nature of
the position duties.
``(b) Establishment of Website.--Not later than 1 year after the
date of enactment of the PLUM Act of 2022, the Director shall
establish, and thereafter the Director shall maintain, a public website
containing the following information for the President in office on the
date of establishment and for each subsequent President:
``(1) Each policy and supporting position in the Federal
Government, including any such position that is vacant.
``(2) The name of each individual who--
``(A) is serving in a position described in
paragraph (1); or
``(B) previously served in a position described in
such paragraph under the applicable President.
``(3) Information on--
``(A) any Government-wide or agency-wide limitation
on the total number of positions in the Senior
Executive Service under section 3133 or 3134 or the
total number of positions under schedule C of subpart C
of part 213 of title 5, Code of Federal Regulations;
and
``(B) the total number of individuals occupying
such positions.
``(c) Contents.--With respect to any policy and supporting position
listed on the covered website, the Director shall include--
``(1) the agency, and agency component, (including the
agency and bureau code used by the Office of Management and
Budget) in which the position is located;
``(2) the name of the position;
``(3) the name of the individual occupying the position (if
any);
``(4) the geographic location of the position, including
the city, State or province, and country;
``(5) the pay system under which the position is paid;
``(6) the level, grade, or rate of pay;
``(7) the term or duration of the appointment (if any);
``(8) the expiration date, in the case of a time-limited
appointment;
``(9) a unique identifier for each appointee;
``(10) whether the position is vacant; and
``(11) for any position that is vacant--
``(A) for a position for which appointment is
required to be made by the President, by and with the
advice and consent of the Senate, the name of the
acting official; and
``(B) for other positions, the name of the official
performing the duties of the vacant position.
``(d) Current Data.--For each agency, the Director shall indicate
in the information on the covered website the date that the agency last
updated the data.
``(e) Format.--The Director shall make the data on the covered
website available to the public at no cost over the internet in a
searchable, sortable, downloadable, and machine-readable format so that
the data qualifies as an open Government data asset, as defined in
section 3502 of title 44.
``(f) Authority of Director.--
``(1) Information required.--Each agency shall provide to
the Director any information that the Director determines
necessary to establish and maintain the covered website,
including the information uploaded under paragraph (4).
``(2) Requirements for agencies.--Not later than 1 year
after the date of enactment of the PLUM Act of 2022, the
Director shall issue instructions to agencies with specific
requirements for the provision or uploading of information
required under paragraph (1), including--
``(A) specific data standards that an agency shall
follow to ensure that the information is complete,
accurate, and reliable;
``(B) data quality assurance methods; and
``(C) the timeframe during which an agency shall
provide or upload the information, including the
timeframe described under paragraph (4).
``(3) Public accountability.--The Director shall identify
on the covered website any agency that has failed to provide--
``(A) the information required by the Director;
``(B) complete, accurate, and reliable information;
or
``(C) the information during the timeframe
specified by the Director.
``(4) Annual updates.--
``(A) In general.--Not later than 90 days after the
date on which the covered website is established, and
not less than once during each year thereafter, the
head of each agency shall upload to the covered website
updated information (if any) on--
``(i) the policy and supporting positions
in the agency;
``(ii) the appointees occupying such
positions in the agency; and
``(iii) the former appointees who served in
such positions in the agency under the
President then in office.
``(B) Supplement not supplant.--Information
provided under subparagraph (A) shall supplement, not
supplant, previously provided information under that
subparagraph.
``(5) Opm help desk.--The Director shall establish a
central help desk, to be operated by not more than 1 full-time
employee, to assist any agency with implementing this section.
``(6) Coordination.--The Director may designate 1 or more
agencies to participate in the development, establishment,
operation, and support of the covered website. With respect to
any such designation, the Director may specify the scope of the
responsibilities of the agency so designated.
``(7) Data standards and timing.--The Director shall make
available on the covered website information regarding data
collection standards, quality assurance methods, and time
frames for reporting data to the Director.
``(8) Regulations.--The Director may prescribe regulations
necessary for the administration of this section.
``(g) Responsibility of Agencies.--
``(1) Provision of information.--Each agency shall comply
with the instructions and guidance issued by the Director to
carry out this section, and, upon request of the Director,
shall provide appropriate assistance to the Director to ensure
the successful operation of the covered website in the manner
and within the timeframe specified by the Director under
subsection (f)(2).
``(2) Ensuring completeness, accuracy, and reliability.--
With respect to any submission of information described in
paragraph (1), the head of an agency shall include--
``(A) an explanation of how the agency ensured the
information is complete, accurate, and reliable; and
``(B) a certification that the information is
complete, accurate, and reliable.
``(h) Information Verification.--
``(1) Confirmation.--
``(A) In general.--On the date that is 90 days
after the date on which the covered website is
established, the Director, in coordination with the
White House Office of Presidential Personnel, shall
confirm that the information on the covered website is
complete, accurate, reliable, and up-to-date.
``(B) Certification.--On the date on which the
Director makes a confirmation under subparagraph (A),
the Director shall publish on the covered website a
certification that the confirmation has been made.
``(2) Authority of director.--In carrying out paragraph
(1), the Director may--
``(A) request additional information from an
agency; and
``(B) use any additional information provided to
the Director or the White House Office of Presidential
Personnel for the purposes of verification.
``(3) Public comment.--The Director shall establish a
process under which members of the public may provide feedback
regarding the accuracy of the information on the covered
website.
``(i) Data Archiving.--
``(1) In general.--As soon as practicable after a
transitional inauguration day (as defined in section 3349a),
the Director, in consultation with the Archivist of the United
States, shall archive the data that was compiled on the covered
website for the preceding presidential administration.
``(2) Public availability.--The Director shall make the
data described in paragraph (1) publicly available over the
internet--
``(A) on, or through a link on, the covered
website;
``(B) at no cost; and
``(C) in a searchable, sortable, downloadable, and
machine-readable format.''.
(2) Clerical amendment.--The table of sections for
subchapter I of chapter 33 of title 5, United States Code, is
amended by adding at the end the following:
``3330f. Government policy and supporting position data.''.
(b) Other Matters.--
(1) Definitions.--In this subsection, the terms ``agency'',
``covered website'', ``Director'', and ``policy and supporting
position'' have the meanings given those terms in section 3330f
of title 5, United States Code, as added by subsection (a).
(2) Gao review and report.--Not later than 1 year after the
date on which the Director establishes the covered website, the
Comptroller General of the United States shall conduct a review
of, and issue a briefing or report on, the implementation of
this subtitle and the amendments made by this subtitle, which
shall include--
(A) the quality of data required to be collected
and whether the data is complete, accurate, timely, and
reliable;
(B) any challenges experienced by agencies in
implementing this subtitle and the amendments made by
this subtitle; and
(C) any suggestions or modifications to enhance
compliance with this subtitle and the amendments made
by this subtitle, including best practices for agencies
to follow.
(3) Sunset of plum book.--Beginning on January 1, 2026--
(A) the covered website shall serve as the public
directory for policy and supporting positions in the
Government; and
(B) the publication entitled ``United States
Government Policy and Supporting Positions'', commonly
referred to as the ``Plum Book'', shall no longer be
issued or published.
(4) Funding.--
(A) In general.--No additional amounts are
authorized to be appropriated to carry out this
subtitle or the amendments made by this subtitle.
(B) Other funding.--The Director shall carry out
this subtitle and the amendments made by this subtitle
using amounts otherwise available to the Director.
TITLE LIV--21ST CENTURY ASSISTIVE TECHNOLOGY ACT
Sec. 5401. Short title.
Sec. 5402. Reauthorization.
Sec. 5403. Effective date.
SEC. 5401. SHORT TITLE.
This title may be cited as the ``21st Century Assistive Technology
Act''.
SEC. 5402. REAUTHORIZATION.
The Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) is
amended to read as follows:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Assistive
Technology Act of 1998'.
``(b) Table of Contents.--The table of contents of this Act is as
follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Purposes.
``Sec. 3. Definitions.
``Sec. 4. Grants for State assistive technology programs.
``Sec. 5. Grants for protection and advocacy services related to
assistive technology.
``Sec. 6. Technical assistance and data collection support.
``Sec. 7. Projects of national significance.
``Sec. 8. Administrative provisions.
``Sec. 9. Authorization of appropriations; reservations and
distribution of funds.
``SEC. 2. PURPOSES.
``The purposes of this Act are to--
``(1) to support State efforts to improve the provision of
assistive technology to individuals with disabilities of all
ages, including underrepresented populations, through
comprehensive statewide programs of technology-related
assistance that are designed to--
``(A) increase the availability of, funding for,
access to, provision of, and education about assistive
technology devices and assistive technology services;
``(B) increase the ability of individuals with
disabilities to secure and maintain possession of
assistive technology devices as such individuals make
the transition between services offered by educational
or human service agencies or between settings of daily
living (for example, between home and work);
``(C) increase the capacity of public agencies and
private entities to provide and pay for assistive
technology devices and assistive technology services on
a statewide basis for individuals with disabilities;
``(D) increase the involvement of individuals with
disabilities and, if appropriate, their family members,
guardians, advocates, and authorized representatives,
in decisions related to the provision of assistive
technology devices and assistive technology services;
``(E) increase and promote coordination among and
between State and local agencies and private entities
(such as managed care providers), that are involved in
carrying out activities under this Act;
``(F) increase the awareness and facilitate the
change of laws, regulations, policies, practices,
procedures, and organizational structures that
facilitate the availability or provision of assistive
technology devices and assistive technology services;
and
``(G) increase awareness and knowledge of the
benefits of assistive technology devices and assistive
technology services among targeted individuals and
entities and the general population; and
``(2) to provide States and protection and advocacy systems
with financial assistance that supports programs designed to
maximize the ability of individuals with disabilities and their
family members, guardians, advocates, and authorized
representatives to obtain assistive technology devices and
assistive technology services.
``SEC. 3. DEFINITIONS.
``In this Act:
``(1) Adult service program.--The term `adult service
program' means a program that provides services to, or is
otherwise substantially involved with the major life functions
of, individuals with disabilities. Such term includes--
``(A) a program providing residential, supportive,
or employment-related services, to individuals with
disabilities;
``(B) a program carried out by a center for
independent living, such as a center described in part
C of title VII of the Rehabilitation Act of 1973 (29
U.S.C. 796f et seq.);
``(C) a program carried out by an employment
support agency connected to adult vocational
rehabilitation, such as a one-stop partner, as defined
in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102); and
``(D) a program carried out by another organization
or vender licensed or registered by the designated
State agency, as defined in section 7 of the
Rehabilitation Act of 1973 (29 U.S.C. 705).
``(2) American indian consortium.--The term `American
Indian consortium' means an entity that is an American Indian
Consortium (as defined in section 102 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15002)), and that is established to provide protection
and advocacy services for purposes of receiving funding under
subtitle C of title I of such Act (42 U.S.C. 15041 et seq.).
``(3) Assistive technology.--The term `assistive
technology' means technology designed to be utilized in an
assistive technology device or assistive technology service.
``(4) Assistive technology device.--The term `assistive
technology device' means any item, piece of equipment, or
product system, whether acquired commercially, modified, or
customized, that is used to increase, maintain, or improve
functional capabilities of individuals with disabilities.
``(5) Assistive technology service.--The term `assistive
technology service' means any service that directly assists an
individual with a disability in the selection, acquisition, or
use of an assistive technology device. Such term includes--
``(A) the evaluation of the assistive technology
needs of an individual with a disability, including a
functional evaluation of the impact of the provision of
appropriate assistive technology devices and services
to the individual in the customary environment of the
individual;
``(B) a service consisting of purchasing, leasing,
or otherwise providing for the acquisition of assistive
technology devices by individuals with disabilities;
``(C) a service consisting of selecting, designing,
fitting, customizing, adapting, applying, maintaining,
repairing, replacing, or donating assistive technology
devices;
``(D) coordination and use of necessary therapies,
interventions, or services with assistive technology
devices, such as therapies, interventions, or services
associated with education and rehabilitation plans and
programs;
``(E) instruction or technical assistance for an
individual with a disability or, where appropriate, the
family members, guardians, advocates, or authorized
representatives of such an individual;
``(F) instruction or technical assistance for
professionals (including individuals providing
education and rehabilitation services and entities that
manufacture or sell assistive technology devices),
employers, providers of employment and training
services, or other individuals who provide services to,
employ, or are otherwise substantially involved in the
major life functions of individuals with disabilities;
and
``(G) a service consisting of expanding the
availability of access to technology, including
electronic and information technology, to individuals
with disabilities.
``(6) Capacity building and advocacy activities.--The term
`capacity building and advocacy activities' means efforts
that--
``(A) result in laws, regulations, policies,
practices, procedures, or organizational structures
that promote consumer-responsive programs or entities;
and
``(B) facilitate and increase access to, provision
of, and funding for assistive technology devices and
assistive technology services, in order to empower
individuals with disabilities to achieve greater
independence, productivity, and integration and
inclusion within the community and the workforce.
``(7) Comprehensive statewide program of technology-related
assistance.--The term `comprehensive statewide program of
technology-related assistance' means a consumer-responsive
program of technology-related assistance for individuals with
disabilities that--
``(A) is implemented by a State;
``(B) is equally available to all individuals with
disabilities residing in the State, regardless of their
type of disability, age, income level, or location of
residence in the State, or the type of assistive
technology device or assistive technology service
required; and
``(C) incorporates all the activities described in
section 4(e) (unless excluded pursuant to section
4(e)(5)).
``(8) Consumer-responsive.--The term `consumer-
responsive'--
``(A) with regard to policies, means that the
policies are consistent with the principles of--
``(i) respect for individual dignity,
personal responsibility, self-determination,
and pursuit of meaningful careers, based on
informed choice, of individuals with
disabilities;
``(ii) respect for the privacy, rights, and
equal access (including the use of accessible
formats) of such individuals;
``(iii) inclusion, integration, and full
participation of such individuals in society;
``(iv) support for the involvement in
decisions of a family member, a guardian, an
advocate, or an authorized representative, if
an individual with a disability requests,
desires, or needs such involvement; and
``(v) support for individual and systems
advocacy and community involvement; and
``(B) with respect to an entity, program, or
activity, means that the entity, program, or activity--
``(i) is easily accessible to, and usable
by, individuals with disabilities and, when
appropriate, their family members, guardians,
advocates, or authorized representatives;
``(ii) responds to the needs of individuals
with disabilities in a timely and appropriate
manner; and
``(iii) facilitates the full and meaningful
participation of individuals with disabilities
and their family members, guardians, advocates,
and authorized representatives, in--
``(I) decisions relating to the
provision of assistive technology
devices and assistive technology
services to such individuals; and
``(II) decisions related to the
maintenance, improvement, and
evaluation of the comprehensive
statewide program of technology-related
assistance, including decisions that
affect capacity building and advocacy
activities.
``(9) Disability.--The term `disability' has the meaning
given the term under section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102).
``(10) Individual with a disability.--The term `individual
with a disability' means any individual--
``(A) who has a disability; and
``(B) who is or would be enabled by an assistive
technology device or an assistive technology service to
minimize deterioration in functioning, to maintain a
level of functioning, or to achieve a greater level of
functioning in any major life activity.
``(11) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)), and includes a community college receiving
funding under the Tribally Controlled Colleges and Universities
Assistance Act of 1978 (25 U.S.C. 1801 et seq.).
``(12) Protection and advocacy services.--The term
`protection and advocacy services' means services that--
``(A) are described in subtitle C of title I of the
Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15041 et seq.), the
Protection and Advocacy for Individuals with Mental
Illness Act (42 U.S.C. 10801 et seq.), or section 509
of the Rehabilitation Act of 1973 (29 U.S.C. 794e); and
``(B) assist individuals with disabilities with
respect to assistive technology devices and assistive
technology services.
``(13) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services, acting through the Administrator
of the Administration for Community Living.
``(14) State.--
``(A) In general.--Except as provided in
subparagraph (B), the term `State' means each of the 50
States of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(B) Outlying areas.--In section 4(b):
``(i) Outlying area.--The term `outlying
area' means the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
``(ii) State.--The term `State' does not
include the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands.
``(15) State assistive technology program.--The term `State
assistive technology program' means a program authorized under
section 4.
``(16) Targeted individuals and entities.--The term
`targeted individuals and entities' means--
``(A) individuals with disabilities and their
family members, guardians, advocates, and authorized
representatives;
``(B) underrepresented populations;
``(C) individuals who work for public or private
entities (including centers for independent living
described in part C of title VII of the Rehabilitation
Act of 1973 (29 U.S.C. 796f et seq.), insurers, or
managed care providers) that have contact with, or
provide services to, individuals with disabilities;
``(D) educators and related services personnel,
including personnel in elementary, secondary, and
postsecondary schools, and in vocational and early
intervention programs;
``(E) technology experts (including web designers
and procurement officials);
``(F) health, allied health, and rehabilitation
professionals, and employees of hospitals, skilled
nursing, intermediate care, and assisted living
facilities (including discharge planners);
``(G) employers, especially small business
employers, and providers of employment and training
services;
``(H) entities that manufacture or sell assistive
technology devices;
``(I) entities that carry out community programs
designed to develop essential community services in
rural and urban areas; and
``(J) other appropriate individuals and entities,
including public and private entities involved in
housing and transportation, as determined for a State
by the State.
``(17) Underrepresented population.--The term
`underrepresented population' means a population that is
typically underrepresented in service provision, and includes
populations such as individuals who have low-incidence
disabilities, racial and ethnic minorities, low income
individuals, homeless individuals (including children and
youth), children in foster care, individuals with limited
English proficiency, individuals living in institutions seeking
to transition to the community from institutional settings,
youth with disabilities aging into adulthood, older
individuals, or individuals living in rural areas.
``(18) Universal design.--The term `universal design' means
a concept or philosophy for designing and delivering products
and services that are usable by people with the widest possible
range of functional capabilities, which include products and
services that are directly accessible (without requiring
assistive technologies) and products and services that are
interoperable with assistive technologies.
``SEC. 4. GRANTS FOR STATE ASSISTIVE TECHNOLOGY PROGRAMS.
``(a) Grants to States.--The Secretary shall award grants under
subsection (b) to States to maintain a comprehensive statewide program
of assistive technology-related assistance described in subsection (e)
through State assistive technology programs that are designed to--
``(1) maximize the ability of individuals with disabilities
across the human lifespan and across the wide array of
disabilities, and their family members, guardians, advocates,
and authorized representatives, to obtain assistive technology;
and
``(2) increase access to assistive technology.
``(b) Amount of Financial Assistance.--
``(1) In general.--From funds made available to carry out
this section, the Secretary shall award a grant to each State,
and outlying area, that meets the requirements of this section
from an allotment determined in accordance with paragraph (2).
``(2) Calculation of state grants.--
``(A) Base year.--Except as provided in
subparagraphs (B) and (C), the Secretary shall allot to
each State and outlying area for a fiscal year an
amount that is not less than the amount the State or
outlying area received under the grants provided under
section 4 of this Act (as in effect on the day before
the effective date of the 21st Century Assistive
Technology Act) for fiscal year 2022.
``(B) Ratable reduction.--
``(i) In general.--If funds made available
to carry out this section for any fiscal year
are insufficient to make the allotments
required for each State and outlying area under
subparagraph (A) for such fiscal year, the
Secretary shall ratably reduce the allotments
for such fiscal year.
``(ii) Additional funds.--If, after the
Secretary makes the reductions described in
clause (i), additional funds become available
to carry out this section for the fiscal year,
the Secretary shall ratably increase the
allotments, until the Secretary has allotted
the entire base year amount under subparagraph
(A).
``(C) Appropriation higher than base year amount.--
For a fiscal year for which the amount of funds made
available to carry out this section is greater than the
base year amount under subparagraph (A) and no greater
than $40,000,000, the Secretary shall--
``(i) make the allotments described in
subparagraph (A);
``(ii) from a portion of the remainder of
the funds after the Secretary makes the
allotments described in clause (i), the
Secretary shall--
``(I) from 50 percent of the
portion, allot to each State an equal
amount; and
``(II) from 50 percent of the
portion, allot to each State an amount
that bears the same relationship to
such 50 percent as the population of
the State bears to the population of
all States,
until each State has received an allotment of
not less than $410,000 under clause (i) and
this clause; and
``(iii) from the remainder of the funds
after the Secretary makes the allotments
described in clause (ii), the Secretary shall--
``(I) from 80 percent of the
remainder, allot to each State an
amount that bears the same relationship
to such 80 percent as the population of
the State bears to the population of
all States; and
``(II) from 20 percent of the
remainder, allot to each State an equal
amount.
``(D) Appropriation higher than threshold amount.--
For a fiscal year for which the amount of funds made
available to carry out this section is $40,000,000 or
greater, the Secretary shall--
``(i) make the allotments described in
subparagraph (A);
``(ii) from the funds remaining after the
allotment described in clause (i), allot to
each outlying area an amount of such funds
until each outlying area has received an
allotment of exactly $150,000 under clause (i)
and this clause;
``(iii) from a portion of the remainder of
the funds after the Secretary makes the
allotments described in clauses (i) and (ii),
the Secretary shall--
``(I) from 50 percent of the
portion, allot to each State an equal
amount; and
``(II) from 50 percent of the
portion, allot to each State an amount
that bears the same relationship to
such 50 percent as the population of
the State bears to the population of
all States,
until each State has received an allotment of
not less than $450,000 under clause (i) and
this clause; and
``(iv) from the remainder of the funds
after the Secretary makes the allotments
described in clause (iii), the Secretary
shall--
``(I) from 80 percent of the
remainder, allot to each State an
amount that bears the same relationship
to such 80 percent as the population of
the State bears to the population of
all States; and
``(II) from 20 percent of the
remainder, allot to each State an equal
amount.
``(3) Availability of funds.--Amounts made available for a
fiscal year under this section shall be available for the
fiscal year and the year following the fiscal year.
``(c) Lead Agency, Implementing Entity, and Advisory Council.--
``(1) Lead agency and implementing entity.--
``(A) Lead agency.--
``(i) In general.--The Governor of a State
shall designate a public agency as a lead
agency--
``(I) to control and administer the
funds made available through the grant
awarded to the State under this
section; and
``(II) to submit the application
described in subsection (d) on behalf
of the State, to ensure conformance
with Federal and State accounting
requirements.
``(ii) Duties.--The duties of the lead
agency shall include--
``(I) preparing the application
described in subsection (d) and
carrying out State activities described
in that application, including making
programmatic and resource allocation
decisions necessary to implement the
comprehensive statewide program of
technology-related assistance;
``(II) coordinating the activities
of the comprehensive statewide program
of technology-related assistance among
public and private entities, including
coordinating efforts related to
entering into interagency agreements
and maintaining and evaluating the
program; and
``(III) coordinating efforts, in a
way that acknowledges the demographic
characteristics of individuals, related
to the active, timely, and meaningful
participation by individuals with
disabilities and their family members,
guardians, advocates, or authorized
representatives, and other appropriate
individuals, with respect to activities
carried out through the grant.
``(B) Implementing entity.--The Governor may
designate an agency, office, or other entity to carry
out State activities under this section (referred to in
this section as the `implementing entity'), if such
implementing entity is different from the lead agency.
The implementing entity shall carry out
responsibilities under this Act through a subcontract
or another administrative agreement with the lead
agency.
``(C) Change in agency or entity.--
``(i) In general.--On obtaining the
approval of the Secretary--
``(I) the Governor may redesignate
the lead agency of a State, if the
Governor shows to the Secretary, in
accordance with subsection (d)(2)(B),
good cause why the agency designated as
the lead agency should not serve as
that agency; and
``(II) the Governor may redesignate
the implementing entity of a State, if
the Governor shows to the Secretary in
accordance with subsection (d)(2)(B),
good cause why the entity designated as
the implementing entity should not
serve as that entity.
``(ii) Construction.--Nothing in this
paragraph shall be construed to require the
Governor of a State to change the lead agency
or implementing entity of the State to an
agency other than the lead agency or
implementing entity of such State as of the
date of enactment of the `21st Century
Assistive Technology Act'.
``(2) Advisory council.--
``(A) In general.--There shall be established an
advisory council to provide consumer-responsive,
consumer-driven advice to the State for planning,
implementation, and evaluation of the activities
carried out through the grant, including setting the
measurable goals described in subsection (d)(3)(C).
``(B) Composition and representation.--
``(i) Composition.--The advisory council
shall be composed of--
``(I) individuals with disabilities
who use assistive technology or the
family members or guardians of the
individuals;
``(II) a representative of the
designated State agency, as defined in
section 7 of the Rehabilitation Act of
1973 (29 U.S.C. 705);
``(III) a representative of the
designated State agency for individuals
who are blind or that provides
assistance or services to adults who
are blind (within the meaning of
section 101 of that Act (29 U.S.C.
721)), if such agency is separate from
the agency described in subclause (II);
``(IV) a representative of a State
center for independent living described
in part C of title VII of the
Rehabilitation Act of 1973 (29 U.S.C.
796f et seq.), or the Statewide
Independent Living Council established
under section 705 of such Act (29
U.S.C. 796d);
``(V) a representative of the State
workforce development board established
under section 101 of the Workforce
Innovation and Opportunity Act (29
U.S.C. 3111);
``(VI) a representative of the
State educational agency, as defined in
section 8101 of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 7801);
``(VII) a representative of an
alternative financing program for
assistive technology if--
``(aa) there is an
alternative financing program
for assistive technology in the
State;
``(bb) such program is
separate from the State
assistive technology program
supported under subsection
(e)(2); and
``(cc) the program
described in item (aa) is
operated by a nonprofit entity;
``(VIII) a representative of 1 or
more of--
``(aa) the agency
responsible for administering
the State Medicaid program
under title XIX of the Social
Security Act (42 U.S.C. 1396 et
seq.);
``(bb) the designated State
agency for purposes of section
124 of the Developmental
Disabilities Assistance and
Bill of Rights Act of 2000 (42
U.S.C. 15024);
``(cc) the State agency
designated under section
305(a)(1) of the Older
Americans Act of 1965 (42
U.S.C. 3025(a)(1)), or an
organization that receives
assistance under such Act (42
U.S.C. 3001 et seq.);
``(dd) an organization
representing disabled veterans;
``(ee) a University Center
for Excellence in Developmental
Disabilities Education,
Research, and Service
designated under section 151(a)
of the Developmental
Disabilities Assistance and
Bill of Rights Act of 2000 (42
U.S.C. 15061(a));
``(ff) the State protection
and advocacy system established
in accordance with section 143
of the Developmental
Disabilities Assistance and
Bill of Rights Act of 2000 (42
U.S.C. 15043); or
``(gg) the State Council on
Developmental Disabilities
established under section 125
of the Developmental
Disabilities Assistance and
Bill of Rights Act of 2000 (42
U.S.C. 15025); and
``(IX) representatives of other
State agencies, public agencies, or
private organizations, as determined by
the State.
``(ii) Majority.--
``(I) In general.--Not less than 51
percent of the members of the advisory
council shall be members appointed
under clause (i)(I), a majority of whom
shall be individuals with disabilities.
``(II) Representatives of
agencies.--Members appointed under
subclauses (II) through (IX) of clause
(i) shall not count toward the majority
membership requirement established in
subclause (I).
``(iii) Representation.--The advisory
council shall be geographically representative
of the State and reflect the diversity of the
State with respect to race, ethnicity, age, and
types of disabilities, and users of types of
services that an individual with a disability
may receive, including home and community-based
services (as defined in section 9817(a)(2) of
the American Rescue Plan Act of 2021 (42 U.S.C.
1396d note)), vocational rehabilitation
services (as defined in section 7 of the
Rehabilitation Act of 1973 (29 U.S.C. 705)),
and services through the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et
seq.).
``(C) Expenses.--The members of the advisory
council shall receive no compensation for their service
on the advisory council, but shall be reimbursed for
reasonable and necessary expenses actually incurred in
the performance of official duties for the advisory
council.
``(D) Impact on existing statutes, rules, or
policies.--Nothing in this paragraph shall be construed
to affect State statutes, rules, or official policies
relating to advisory bodies for State assistive
technology programs or require changes to governing
bodies of incorporated agencies that carry out State
assistive technology programs.
``(d) Application.--
``(1) In general.--Any State that desires to receive a
grant under this section shall submit an application to the
Secretary, at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Lead agency and implementing entity.--
``(A) In general.--The application shall contain--
``(i) information identifying and
describing the lead agency referred to in
subsection (c)(1)(A);
``(ii) information identifying and
describing the implementing entity referred to
in subsection (c)(1)(B), if the Governor of the
State designates such an entity; and
``(iii) a description of how individuals
with disabilities were involved in the
development of the application and will be
involved in the implementation of the
activities to be carried out through the grant
and through the advisory council established in
accordance with subsection (c)(2).
``(B) Change in lead agency or implementing
entity.--In any case where--
``(i) the Governor requests to redesignate
a lead agency, the Governor shall include in,
or amend, the application to request the
redesignation and provide a written description
of the rationale for the requested change; or
``(ii) the Governor requests to redesignate
an implementing entity, the Governor shall
include in, or amend, the application to
request the redesignation and provide a written
description of the rationale for the requested
change.
``(3) State plan.--The application under this subsection
shall include a State plan for assistive technology consisting
of--
``(A) a description of how the State will carry out
a comprehensive statewide program that provides
assistive technology activities described in subsection
(e) (unless excluded by the State pursuant to
subsection (e)(5));
``(B) a description of how the State will allocate
and utilize grant funds to implement the activities
described in subparagraph (A), including describing
proposed budget allocations and planned procedures for
tracking expenditures for the activities;
``(C) measurable goals, and a timeline for meeting
the goals, that the State has set for addressing the
assistive technology needs of individuals with
disabilities in the State related to--
``(i) education, including goals involving
the provision of assistive technology to
individuals with disabilities who receive
services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et
seq.);
``(ii) employment, including goals
involving the State vocational rehabilitation
program carried out under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et
seq.);
``(iii) access to teleassistive technology
to aid in the access of health care services,
including mental health and substance use
disorder services;
``(iv) accessible information and
communication technology instruction for
individuals with disabilities receiving
assistive technology under this section; and
``(v) community living;
``(D) information describing how the State will
quantifiably measure the goals, in a manner consistent
with the data submitted through the progress reports
under subsection (f), to determine whether the goals
have been achieved; and
``(E) a description of any activities described in
subsection (e) that the State will support with State
or other non-Federal funds.
``(4) Involvement of public and private entities.--The
application shall describe how various public and private
entities, including individuals with disabilities and their
families, were involved in the development of the application,
including the measurable goals and timeline described in
paragraph (3)(C) and the description of how the goals will be
quantifiably measured described in paragraph (3)(D), and will
be involved in the implementation of the activities to be
carried out through the grant, including--
``(A) in cases determined to be appropriate by the
State, a description of the nature and extent of
resources that will be committed by public and private
partners to assist in accomplishing identified goals;
and
``(B) a description of the mechanisms established
to ensure coordination of activities and collaboration
between the implementing entity, if any, and the State.
``(5) Assurances.--The application shall include assurances
that--
``(A) the State will annually collect data related
to the required activities implemented by the State
under this section in order to prepare the progress
reports required under subsection (f);
``(B) funds received through the grant--
``(i) will be expended in accordance with
this section; and
``(ii) will be used to supplement, and not
supplant, funds available from other sources
for technology-related assistance, including
the provision of assistive technology devices
and assistive technology services;
``(C) the lead agency will control and administer
the funds received through the grant;
``(D) the State will adopt such fiscal control and
accounting procedures as may be necessary to ensure
proper disbursement of and accounting for the funds
received through the grant;
``(E) the physical facility of the lead agency and
implementing entity, if any, meets the requirements of
the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) regarding accessibility for individuals
with disabilities;
``(F) a public agency or an individual with a
disability holds title to any property purchased with
funds received under the grant and administers that
property;
``(G) activities carried out in the State that are
authorized under this Act, and supported by Federal
funds received under this Act, will comply with the
standards established by the Architectural and
Transportation Barriers Compliance Board under section
508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d);
and
``(H) the State will--
``(i) prepare reports to the Secretary in
such form and containing such information as
the Secretary may require to carry out the
Secretary's functions under this Act; and
``(ii) keep such records and allow access
to such records as the Secretary may require to
ensure the correctness and verification of
information provided to the Secretary under
this subparagraph.
``(e) Use of Funds.--
``(1) Required activities.--
``(A) In general.--Except as provided in
subparagraph (B) and paragraph (5), any State that
receives a grant under this section shall--
``(i) use a portion of not more than 40
percent of the funds made available through the
grant to carry out all activities described in
paragraph (3), of which not less than 5 percent
of such portion shall be available for
activities described in paragraph (3)(A)(iii);
and
``(ii) use a portion of the funds made
available through the grant to carry out all of
the activities described in paragraph (2).
``(B) State or other non-federal financial
support.--A State receiving a grant under this section
shall not be required to use grant funds to carry out
the category of activities described in subparagraph
(A), (B), (C), or (D) of paragraph (2) in that State
if, for such category of activities, financial support
is provided in that State--
``(i) from State or other non-Federal
resources or entities; and
``(ii) in an amount that is comparable to,
or greater than, the amount of the portion of
the funds made available through the grant that
the State would have expended for such category
of activities, in the absence of this
subparagraph.
``(2) State-level activities.--
``(A) State financing activities.--The State shall
support State financing activities to increase access
to, and funding for, assistive technology devices and
assistive technology services (which shall not include
direct payment for such a device or service for an
individual with a disability but may include support
and administration of a program to provide such
payment), including development of systems to provide
and pay for such devices and services, for targeted
individuals and entities described in section 3(16)(A),
including--
``(i) support for the development of
systems for the purchase, lease, or other
acquisition of, or payment for, assistive
technology devices and assistive technology
services;
``(ii) another mechanism that is approved
by the Secretary; or
``(iii) support for the development of a
State-financed or privately financed
alternative financing program engaged in the
provision of assistive technology devices, such
as--
``(I) a low-interest loan fund;
``(II) an interest buy-down
program;
``(III) a revolving loan fund; or
``(IV) a loan guarantee or
insurance program.
``(B) Device reutilization programs.--The State
shall directly, or in collaboration with public or
private entities, carry out assistive technology device
reutilization programs that provide for the exchange,
repair, recycling, or other reutilization of assistive
technology devices, which may include redistribution
through device sales, loans, rentals, or donations.
``(C) Device loan programs.--The State shall
directly, or in collaboration with public or private
entities, carry out device loan programs that provide
short-term loans of assistive technology devices to
individuals, employers, public agencies, or others
seeking to meet the needs of targeted individuals and
entities, including others seeking to comply with the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.), the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
``(D) Device demonstrations.--
``(i) In general.--The State shall
directly, or in collaboration with public and
private entities, such as one-stop partners, as
defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3102), demonstrate a variety of assistive
technology devices and assistive technology
services (including assisting individuals in
making informed choices regarding, and
providing experiences with, the devices and
services), using personnel who are familiar
with such devices and services and their
applications.
``(ii) Comprehensive information.--The
State shall directly, or through referrals,
provide to individuals, to the extent
practicable, comprehensive information about
State and local assistive technology venders,
providers, and repair services.
``(3) State leadership activities.--
``(A) Educational activities and technical
assistance.--
``(i) In general.--The State shall,
directly or through the provision of support to
public or private entities with demonstrated
expertise in collaborating with public or
private agencies that serve individuals with
disabilities, develop and disseminate training
materials, conduct educational activities, and
provide technical assistance, for individuals
statewide, including representatives of State
and local educational agencies, State
vocational rehabilitation programs, other State
and local agencies, early intervention
programs, adult service programs, hospitals and
other health care facilities, institutions of
higher education, and businesses.
``(ii) Authorized activities.--In carrying
out activities under clause (i), the State
shall carry out activities that enhance the
knowledge, skills, and competencies of
individuals from local settings described in
such clause, which may include--
``(I) raising awareness and
providing instruction on the benefits
of assistive technology and the
Federal, State, and private funding
sources available to assist targeted
individuals and entities in acquiring
assistive technology;
``(II) skills development in
assessing the need for assistive
technology devices and assistive
technology services;
``(III) instruction to ensure the
appropriate application and use of
assistive technology devices, assistive
technology services, and accessible
information and communication
technology for e-government functions;
``(IV) instruction in the
importance of multiple approaches to
assessment and implementation necessary
to meet the individualized needs of
individuals with disabilities; and
``(V) technical instruction on
integrating assistive technology into
the development and implementation of
service plans, including any education,
health, discharge, Olmstead,
employment, or other plan required
under Federal or State law.
``(iii) Transition assistance to
individuals with disabilities.--The State shall
(directly or through the provision of support
to public or private entities) develop and
disseminate educational materials, conduct
educational activities, facilitate access to
assistive technology, and provide technical
assistance, to assist--
``(I) students with disabilities,
within the meaning of the Individuals
with Disabilities Education Act (20
U.S.C. 1400 et seq.), that receive
transition services; and
``(II) adults who are individuals
with disabilities maintaining or
transitioning to community living.
``(B) Public-awareness activities.--
``(i) In general.--The State shall conduct
public-awareness activities designed to provide
information to targeted individuals and
entities relating to the availability,
benefits, appropriateness, and costs of
assistive technology devices and assistive
technology services, including--
``(I) the development of procedures
for providing direct communication
between providers of assistive
technology and targeted individuals and
entities, which may include
partnerships with entities in the
statewide and local workforce
development systems established under
the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et
seq.), State vocational rehabilitation
programs, public and private employers,
centers for independent living
described in part C of title VII of the
Rehabilitation Act of 1973 (29 U.S.C.
796f et seq.), Aging and Disability
Resource Centers (as defined in section
102 of the Older Americans Act of 1965
(42 U.S.C. 3002)), or elementary
schools and secondary schools (as
defined in section 8101 of the
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801));
``(II) the development and
dissemination, to targeted individuals
and entities, of information about
State efforts related to assistive
technology; and
``(III) the distribution of
materials to appropriate public and
private agencies that provide social,
medical, educational, employment,
housing, and transportation services to
individuals with disabilities.
``(ii) Statewide information and referral
system.--
``(I) In general.--The State shall
directly, or in collaboration with
public or private entities (including
nonprofit organizations), provide for
the continuation and enhancement of a
statewide information and referral
system designed to meet the needs of
targeted individuals and entities.
``(II) Content.--The system shall
deliver information on assistive
technology devices, assistive
technology services (with specific data
regarding provider availability within
the State), and the availability of
resources, including funding through
public and private sources, to obtain
assistive technology devices and
assistive technology services. The
system shall also deliver information
on the benefits of assistive technology
devices and assistive technology
services with respect to enhancing the
capacity of individuals with
disabilities to perform activities of
daily living.
``(C) Coordination and collaboration.--The State
shall coordinate activities described in paragraph (2)
and this paragraph, among public and private entities
that are responsible for policies, procedures, or
funding for the provision of assistive technology
devices and assistive technology services to improve
access to such devices and services in the State.
``(4) Funding rules.--
``(A) Prohibition.--Funds made available through a
grant to a State under this section shall not be used
for direct payment for an assistive technology device
for an individual with a disability.
``(B) Federal partner collaboration.--In order to
coordinate efforts regarding the availability of
funding to access and acquire assistive technology
through device demonstration, loan, reuse, and State
financing activities, a State receiving a grant under
this section shall ensure that the lead agency or
implementing entity is conducting outreach to and, as
appropriate, collaborating with, other State agencies
that receive Federal funding for assistive technology,
including--
``(i) the State educational agency
receiving assistance under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et
seq.);
``(ii) the State vocational rehabilitation
agency receiving assistance under title I of
the Rehabilitation Act of 1973 (29 U.S.C. 720
et seq.);
``(iii) the agency responsible for
administering the State Medicaid program under
title XIX of the Social Security Act (42 U.S.C.
1396 et seq.);
``(iv) the State agency receiving
assistance under the Older Americans Act of
1965 (42 U.S.C. 3001 et seq.); and
``(v) any other agency in a State that
funds assistive technology.
``(C) Indirect costs.--Not more than 10 percent of
the funds made available through a grant to a State
under this section may be used for indirect costs.
``(5) State flexibility.--
``(A) In general.--Notwithstanding paragraph (1)(A)
and subject to subparagraph (B), a State may use funds
that the State receives under a grant awarded under
this section to carry out any 2 or more of the
activities described in paragraph (2).
``(B) Special rule.--Notwithstanding paragraph
(1)(A), any State that exercises its authority under
subparagraph (A)--
``(i) shall carry out each of the required
activities described in paragraph (3); and
``(ii) shall use not more than 30 percent
of the funds made available through the grant
to carry out such activities.
``(6) Assistive technology device disposition.--
Notwithstanding other equipment disposition policy under
Federal law, an assistive technology device purchased to be
used in activities authorized under this section may be
reutilized to the maximum extent possible and then donated to a
public agency, private nonprofit agency, or individual with a
disability in need of such device.
``(f) Annual Progress Reports.--
``(1) Data collection.--Each State receiving a grant under
this section shall participate in data collection as required
by law, including data collection required for preparation of
the reports described in paragraph (2).
``(2) Reports.--
``(A) In general.--Each State shall prepare and
submit to the Secretary an annual progress report on
the activities carried out by the State in accordance
with subsection (e), including activities funded by
State or other non-Federal sources under subsection
(e)(1)(B) at such time, and in such manner, as the
Secretary may require.
``(B) Contents.--The report shall include data
collected pursuant to this section. The report shall
document, with respect to activities carried out under
this section in the State--
``(i) the type of State financing
activities described in subsection (e)(2)(A)
used by the State;
``(ii) the amount and type of assistance
given to consumers of the State financing
activities described in subsection (e)(2)(A)
(which shall be classified by type of assistive
technology device or assistive technology
service financed through the State financing
activities, and geographic distribution within
the State), including--
``(I) the number of applications
for assistance received;
``(II) the number of applications--
``(aa) approved;
``(bb) denied; or
``(cc) withdrawn;
``(III) the number, percentage, and
dollar amount of defaults for the
financing activities;
``(IV) the range and average
interest rate for the financing
activities;
``(V) the range and average income
of approved applicants for the
financing activities; and
``(VI) the types and dollar amounts
of assistive technology financed;
``(iii) the number, type, and length of
time of loans of assistive technology devices
provided to individuals with disabilities,
employers, public agencies, or public
accommodations through the device loan program
described in subsection (e)(2)(C), and an
analysis of the types of such devices provided
through the program, and how each device
benefitted the individual who received such
device;
``(iv) the number, type, estimated value,
and scope of assistive technology devices
exchanged, repaired, recycled, or reutilized
(including redistributed through device sales,
loans, rentals, or donations) through the
device reutilization program described in
subsection (e)(2)(B), and an analysis of the
individuals with disabilities who have
benefited from the device reutilization
program;
``(v) the number and type of device
demonstrations and referrals provided under
subsection (e)(2)(D), and an analysis of
individuals with disabilities who have
benefited from the demonstrations and
referrals;
``(vi)(I) the number and general
characteristics of individuals who participated
in educational activities under subsection
(e)(3)(A) (such as individuals with
disabilities, parents, educators, employers,
providers of employment services, health care
workers, counselors, other service providers,
or venders) and the topics of such educational
activities; and
``(II) to the extent practicable, the
geographic distribution of individuals who
participated in the educational activities;
``(vii) the frequency of provision and
nature of technical assistance provided to
State and local agencies and other entities;
``(viii) the number of individuals assisted
through the statewide information and referral
system described in subsection (e)(3)(B)(ii)
and descriptions of the public awareness
activities under subsection (e)(3)(B);
``(ix) the outcomes of any improvement
initiatives carried out by the State as a
result of activities funded under this section,
including a description of any written
policies, practices, and procedures that the
State has developed and implemented regarding
access to, provision of, and funding for,
assistive technology devices, and assistive
technology services, in the contexts of
education, health care, employment, community
living, and accessible information and
communication technology, including e-
government;
``(x) the source of leveraged funding or
other contributed resources, including
resources provided through subcontracts or
other collaborative resource-sharing
agreements, from and with public and private
entities to carry out State activities
described in subsection (e)(3)(C), the number
of individuals served with the contributed
resources for which information is not reported
under clauses (i) through (ix) or clause (xi),
and other outcomes accomplished as a result of
such activities carried out with the
contributed resources; and
``(xi) the level of customer satisfaction
with the services provided.
``SEC. 5. GRANTS FOR PROTECTION AND ADVOCACY SERVICES RELATED TO
ASSISTIVE TECHNOLOGY.
``(a) Grants.--
``(1) In general.--The Secretary shall make grants under
subsection (b) to protection and advocacy systems in each State
for the purpose of enabling such systems to assist in the
acquisition, utilization, or maintenance of assistive
technology devices or assistive technology services for
individuals with disabilities.
``(2) General authorities.--In providing the assistance
described under paragraph (1), protection and advocacy systems
shall have the same general authorities as the systems are
afforded under subtitle C of title I of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15041 et seq.).
``(b) Reservation; Distribution.--
``(1) Reservation.--For each fiscal year, the Secretary
shall reserve, from the amounts made available to carry out
this section under section 9(b)(2)(B), such sums as may be
necessary to carry out paragraph (4).
``(2) Population basis.--From the amounts appropriated to
carry out this section for a fiscal year that remain after the
reservation required under paragraph (1) has been made, the
Secretary shall make a grant to a protection and advocacy
system within each State in an amount bearing the same ratio to
the remaining amounts as the population of the State bears to
the population of all States.
``(3) Minimums.--Subject to the availability of
appropriations and paragraph (5), the amount of a grant to a
protection and advocacy system under paragraph (2) for a fiscal
year shall--
``(A) in the case of a protection and advocacy
system located in American Samoa, Guam, the United
States Virgin Islands, or the Commonwealth of the
Northern Mariana Islands, not be less than $30,000; and
``(B) in the case of a protection and advocacy
system located in a State not described in subparagraph
(A), not be less than $50,000.
``(4) Payment to the system serving the american indian
consortium.--
``(A) In general.--The Secretary shall make grants
to the protection and advocacy system serving the
American Indian consortium to provide services in
accordance with this section.
``(B) Amount of grants.--The amount of a grant
under subparagraph (A) shall be the same as the amount
provided under paragraph (3)(A).
``(5) Adjustments.--For each fiscal year for which the
total amount appropriated under section 9(b)(2)(B) to carry out
this section is $8,000,000 or more and such appropriated amount
exceeds the total amount appropriated to carry out this section
for the preceding fiscal year, the Secretary shall increase
each of the minimum grant amounts described in subparagraphs
(A) and (B) of paragraph (3) and paragraph (4)(B) by a
percentage equal to the percentage increase in the total amount
appropriated under section 9 to carry out this section for the
preceding fiscal year and such total amount for the fiscal year
for which the determination is being made.
``(c) Direct Payment.--Notwithstanding any other provision of law,
the Secretary shall pay directly to any protection and advocacy system
that complies with this section, the total amount of the grant made for
such system under this section, unless the system provides otherwise
for payment of the grant amount.
``(d) Carryover; Program Income.--
``(1) Carryover.--Any amount paid to a protection and
advocacy system for a fiscal year under this section that
remains unobligated at the end of such fiscal year shall remain
available to such system for obligation during the subsequent
fiscal year.
``(2) Program income.--Program income generated from any
amount paid to a protection and advocacy system for a fiscal
year shall--
``(A) remain available to the protection and
advocacy system for 5 additional fiscal years after the
year in which such amount was paid to the protection
and advocacy system and be considered an addition to
the grant; and
``(B) only be used to improve the awareness of
individuals with disabilities about the accessibility
of assistive technology and assist such individuals in
the acquisition, utilization, or maintenance of
assistive technology devices or assistive technology
services.
``(e) Report to Secretary.--A protection and advocacy system that
receives a grant under this section shall annually prepare and submit
to the Secretary a report that contains documentation of the progress
of the protection and advocacy system in--
``(1) conducting consumer-responsive activities, including
activities that will lead to increased access for individuals
with disabilities to funding for assistive technology devices
and assistive technology services;
``(2) engaging in informal advocacy to assist in securing
assistive technology devices and assistive technology services
for individuals with disabilities;
``(3) engaging in formal representation for individuals
with disabilities to secure systems change, and in advocacy
activities to secure assistive technology devices and assistive
technology services for individuals with disabilities;
``(4) developing and implementing strategies to enhance the
long-term abilities of individuals with disabilities and their
family members, guardians, advocates, and authorized
representatives to advocate the provision of assistive
technology devices and assistive technology services to which
the individuals with disabilities are entitled under law other
than this Act;
``(5) coordinating activities with protection and advocacy
services funded through sources other than this Act, and
coordinating activities with the capacity building and advocacy
activities carried out by the lead agency; and
``(6) effectively allocating funds made available under
this section to improve the awareness of individuals with
disabilities about the accessibility of assistive technology
and assist such individuals in the acquisition, utilization, or
maintenance of assistive technology devices or assistive
technology services.
``(f) Reports and Updates to State Agencies.--A protection and
advocacy system that receives a grant under this section shall prepare
and submit to the lead agency of the State designated under section
4(c)(1) the report described in subsection (e) and quarterly updates
concerning the activities described in such subsection.
``(g) Coordination.--On making a grant under this section to a
protection and advocacy system in a State, the Secretary shall solicit
and consider the opinions of the lead agency of the State with respect
to efforts at coordination of activities, collaboration, and promoting
outcomes between the lead agency and the protection and advocacy system
that receives the grant under this section.
``SEC. 6. TECHNICAL ASSISTANCE AND DATA COLLECTION SUPPORT.
``(a) Definitions.--In this section:
``(1) Qualified data collection and reporting entity.--The
term `qualified data collection and reporting entity' means an
entity with demonstrated expertise in data collection and
reporting as described in section 4(f)(2)(B), in order to--
``(A) provide recipients of grants under this Act
with instruction and technical assistance; and
``(B) assist such recipients with data collection
and data requirements.
``(2) Qualified protection and advocacy system technical
assistance provider.--The term `qualified protection and
advocacy system technical assistance provider' means an entity
that has experience in--
``(A) working with protection and advocacy systems
established in accordance with section 143 of the
Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15043); and
``(B) providing technical assistance to protection
and advocacy agencies.
``(3) Qualified technical assistance provider.--The term
`qualified technical assistance provider' means an entity with
demonstrated expertise in assistive technology and that has
(directly or through grant or contract)--
``(A) experience and expertise in administering
programs, including developing, implementing, and
administering all of the activities described in
section 4(e); and
``(B) documented experience in and knowledge
about--
``(i) assistive technology device loan and
demonstration;
``(ii) assistive technology device reuse;
``(iii) financial loans and microlending,
including the activities of alternative
financing programs for assistive technology;
and
``(iv) State leadership activities.
``(b) Technical Assistance and Data Collection Support
Authorized.--
``(1) Support for assistive technology educational
activities and technical assistance.--From amounts made
available under section 9(b)(1), the Secretary shall award, on
a competitive basis, grants, contracts, or cooperative
agreements--
``(A) to qualified technical assistance providers
to support activities described in subsection (d)(1)
for States receiving grants under section 4; and
``(B) to qualified protection and advocacy system
technical assistance providers to support activities
described in subsection (d)(1) for protection and
advocacy systems receiving grants under section 5.
``(2) Support for data collection and reporting
assistance.--From amounts made available under section 9(b)(1),
the Secretary shall award, on a competitive basis, grants,
contracts, or cooperative agreements--
``(A) to qualified data collection and reporting
entities, to enable the qualified data collection and
reporting entities to carry out the activities
described in subsection (d)(2) for States receiving
grants under section 4; and
``(B) to qualified protection and advocacy system
technical assistance providers, to enable the providers
to carry out the activities described in subsection
(d)(2) for protection and advocacy systems receiving
grants under section 5.
``(c) Application.--
``(1) In general.--To be eligible to receive a grant,
contract, or cooperative agreement under this section, an
entity shall submit an application to the Secretary at such
time, in such manner, and containing the following information:
``(A) A description of the activities such entity
will carry out with the grant, contract, or cooperative
agreement under subsection (d).
``(B) A description of the expertise such entity
has to carry out such activities.
``(C) In the case of an entity applying to receive
a grant, contract, or cooperative agreement under
subsection (b)(1), a description of such entity's plan
for complying with the requirements described in
subsection (d)(1)(B).
``(D) A description of such entity's plan to comply
with all relevant State and Federal laws, regulations,
and policies with respect to data privacy and security.
``(E) Such other information as the Secretary may
require.
``(2) Input.--In developing grants, contracts, or
cooperative agreements under this section, the Secretary shall
consider the input of the recipients of grants under sections 4
and 5 and other individuals the Secretary determines to be
appropriate, especially--
``(A) individuals with disabilities who use
assistive technology and understand the barriers to the
acquisition of such technology and assistive technology
services;
``(B) family members, guardians, advocates, and
authorized representatives of such individuals;
``(C) relevant employees from Federal departments
and agencies, other than the Department of Health and
Human Services;
``(D) representatives of businesses; and
``(E) venders and public and private researchers
and developers.
``(d) Authorized Activities.--
``(1) Use of funds for assistive technology technical
assistance.--
``(A) Technical assistance efforts.--A qualified
technical assistance provider or qualified protection
and advocacy system technical assistance provider
receiving a grant, contract, or cooperative agreement
under subsection (b)(1) shall support a technical
assistance program for States or protection and
advocacy systems receiving a grant under section 4 or
5, respectively, that--
``(i) addresses State-specific information
requests concerning assistive technology from
entities funded under this Act and public
entities not funded under this Act, including--
``(I) effective approaches to
Federal-State coordination of programs
for individuals with disabilities
related to improving funding for or
access to assistive technology devices
and assistive technology services for
individuals with disabilities;
``(II) model State and local laws,
regulations, policies, practices,
procedures, and organizational
structures, that facilitate, and
overcome barriers to, funding for, and
access to, assistive technology devices
and assistive technology services;
``(III) effective approaches to
developing, implementing, evaluating,
and sustaining activities described in
section 4 or 5, as the case may be, and
related to improving acquisition and
access to assistive technology devices
and assistive technology services for
individuals with disabilities, and
requests for assistance in developing
corrective action plans;
``(IV) policies, practices,
procedures, regulations, or judicial
decisions related to access to and
acquisition of assistive technology
devices and assistive technology
services for individuals with
disabilities;
``(V) effective approaches to the
development of consumer-controlled
systems that increase access to,
funding for, and awareness of,
assistive technology devices and
assistive technology services; and
``(VI) other requests for
information and technical assistance
from entities funded under this Act;
and
``(ii) in the case of a program that will
serve States receiving grants under section 4--
``(I) assists targeted individuals
and entities by disseminating
information and responding to requests
relating to assistive technology by
providing referrals to recipients of
grants under section 4 or other public
or private resources; and
``(II) provides State-specific,
regional, and national technical
assistance concerning assistive
technology to entities funded under
this Act, and public and private
entities not funded under this Act,
including--
``(aa) annually providing a
forum for exchanging
information concerning, and
promoting program and policy
improvements in, required
activities of the State
assistive technology programs;
``(bb) facilitating onsite
and electronic information
sharing using state-of-the-art
internet technologies such as
real-time online discussions,
multipoint video conferencing,
and web-based audio or video
broadcasts, on emerging topics
that affect State assistive
technology programs;
``(cc) convening experts
from State assistive technology
programs to discuss and make
recommendations with regard to
national emerging issues of
importance to individuals with
assistive technology needs;
``(dd) sharing best
practice and evidence-based
practices among State assistive
technology programs;
``(ee) developing or
maintaining an accessible,
national, and public website
that includes information,
tools, and resources on
assistive technology devices
and assistive technology
services and links to State
assistive technology programs,
appropriate Federal departments
and agencies, and private
resources;
``(ff) developing a
resource that connects
individuals from a State with
the State assistive technology
program in their State;
``(gg) providing access to
experts in the State-level
activities described in section
4(e)(2) through site visits,
teleconferences, and other
means, to ensure access to
information for entities that
are carrying out new programs
or programs that are not making
progress in achieving the
objectives of the programs; and
``(hh) supporting and
coordinating activities
designed to reduce the
financial costs of purchasing
assistive technology for the
activities described in section
4(e), and reducing duplication
of activities among State
assistive technology programs.
``(B) Collaboration.--In developing and providing
technical assistance under this paragraph, a qualified
technical assistance provider or qualified protection
and advocacy system technical assistance provider
receiving a grant, contract, or cooperative agreement
under subsection (b)(1) shall--
``(i) collaborate with--
``(I) organizations representing
individuals with disabilities;
``(II) national organizations
representing State assistive technology
programs;
``(III) organizations representing
State officials and agencies engaged in
the delivery of assistive technology;
``(IV) other qualified protection
and advocacy system technical
assistance providers and qualified
technical assistance providers;
``(V) providers of State financing
activities, including alternative
financing programs for assistive
technology;
``(VI) providers of device loans,
device demonstrations, and device
reutilization; and
``(VII) any other organizations
determined appropriate by the provider
or the Secretary; and
``(ii) in the case of a qualified technical
assistance provider, include activities
identified as priorities by State advisory
councils and lead agencies and implementing
entities for grants under section 4.
``(2) Use of funds for assistive technology data collection
and reporting assistance.--A qualified data collection and
reporting entity or a qualified protection and advocacy system
technical assistance provider receiving a grant, contract, or
cooperative agreement under subsection (b)(2) shall assist
States or protection and advocacy systems receiving a grant
under section 4 or 5, respectively, to develop and implement
effective and accessible data collection and reporting systems
that--
``(A) focus on quantitative and qualitative data
elements;
``(B) help measure the impact of the activities to
individuals who need assistive technology;
``(C) in the case of systems that will serve States
receiving grants under section 4--
``(i) measure the outcomes of all
activities described in section 4(e) and the
progress of the States toward achieving the
measurable goals described in section
4(d)(3)(C); and
``(ii) provide States with the necessary
information required under this Act or by the
Secretary for reports described in section
4(f)(2); and
``(D) are in full compliance with all relevant
State and Federal laws, regulations, and policies with
respect to data privacy and security.
``SEC. 7. PROJECTS OF NATIONAL SIGNIFICANCE.
``(a) Definition of Project of National Significance.--In this
section, the term `project of national significance'--
``(1) means a project that--
``(A) increases access to, and acquisition of,
assistive technology; and
``(B) creates opportunities for individuals with
disabilities to directly and fully contribute to, and
participate in, all facets of education, employment,
community living, and recreational activities; and
``(2) may--
``(A) develop and expand partnerships between State
Medicaid agencies and recipients of grants under
section 4 to reutilize durable medical equipment;
``(B) increase collaboration between the recipients
of grants under section 4 and States receiving grants
under the Money Follows the Person Rebalancing
Demonstration under section 6071 of the Deficit
Reduction Act of 2005 (42 U.S.C. 1396a note);
``(C) increase collaboration between recipients of
grants under section 4 and area agencies on aging, as
such term is defined in section 102 of the Older
Americans Act of 1965 (42 U.S.C. 3002), which may
include collaboration on emergency preparedness, safety
equipment, or assistive technology toolkits;
``(D) provide aid to assist youth with disabilities
to transition from school to adult life, especially
in--
``(i) finding employment and postsecondary
education opportunities; and
``(ii) upgrading and changing any assistive
technology devices that may be needed as a
youth matures;
``(E) increase access to and acquisition of
assistive technology addressing the needs of aging
individuals and aging caregivers in the community;
``(F) increase effective and efficient use of
assistive technology as part of early intervention for
infants and toddlers with disabilities from birth to
age 3;
``(G) increase awareness of and access to the
Disability Funds-Financial Assistance funding provided
by the Community Development Financial Institutions
Fund that supports acquisition of assistive technology;
and
``(H) increase awareness of and access to assistive
technology, such as through models described in
subclauses (I) through (IV) of section 4(e)(2)(A)(iii)
and other Federally funded disability programs.
``(b) Projects Authorized.--If funds are available pursuant to
section 9(c) to carry out this section for a fiscal year, the Secretary
may award, on a competitive basis, grants, contracts, and cooperative
agreements to public or private nonprofit entities to enable the
entities to carry out projects of national significance.
``(c) Application.--A public or private nonprofit entity desiring a
grant under this section shall submit an application to the Secretary
at such time, in such manner, and containing a description of the
project of national significance the entity proposes to carry out under
this section.
``(d) Award Preference.--For each grant award period, the Secretary
may give preference for 1 or more categories of projects of national
significance described in subparagraphs (A) through (H) of subsection
(a)(2).
``(e) Minimum Funding Level Required.--The Secretary may only award
grants, contracts, or cooperative agreements under this section if the
amount made available under section 9 to carry out sections 4, 5, and 6
is equal to or greater than $49,000,000.
``SEC. 8. ADMINISTRATIVE PROVISIONS.
``(a) General Administration.--
``(1) In general.--Notwithstanding any other provision of
law, the Administrator of the Administration for Community
Living of the Department of Health and Human Services (referred
to in this section as the `Administrator') shall be responsible
for the administration of this Act.
``(2) Collaboration.--The Administrator shall consult with
the Office of Special Education Programs of the Department of
Education, the Rehabilitation Services Administration of the
Department of Education, the Office of Disability Employment
Policy of the Department of Labor, and other appropriate
Federal entities in the administration of this Act.
``(3) Administration.--
``(A) In general.--In administering this Act, the
Administrator shall ensure that programs funded under
this Act will address--
``(i) the needs of individuals with all
types of disabilities and across the lifespan;
and
``(ii) the use of assistive technology in
all potential environments, including
employment, education, and community living.
``(B) Funding limitations.--For each fiscal year,
not more than \1/2\ of 1 percent of the total funding
appropriated for this Act shall be used by the
Administrator to support the administration of this
Act.
``(b) Review of Participating Entities.--
``(1) In general.--The Secretary shall assess the extent to
which entities that receive grants under this Act are complying
with the applicable requirements of this Act and achieving
measurable goals that are consistent with the requirements of
the grant programs under which the entities received the
grants.
``(2) Provision of information.--To assist the Secretary in
carrying out the responsibilities of the Secretary under this
section, the Secretary may require States to provide relevant
information, including the information required under
subsection (d).
``(c) Corrective Action and Sanctions.--
``(1) Corrective action.--If the Secretary determines that
an entity that receives a grant under this Act fails to
substantially comply with the applicable requirements of this
Act, or to make substantial progress toward achieving the
measurable goals described in subsection (b)(1) with respect to
the grant program, the Secretary shall assist the entity,
through technical assistance funded under section 6 or other
means, within 90 days after such determination, to develop a
corrective action plan.
``(2) Sanctions.--If the entity fails to develop and comply
with a corrective action plan described in paragraph (1) during
a fiscal year, the entity shall be subject to 1 of the
following corrective actions selected by the Secretary:
``(A) Partial or complete termination of funding
under the grant program, until the entity develops and
complies with such a plan.
``(B) Ineligibility to participate in the grant
program in the following fiscal year.
``(C) Reduction in the amount of funding that may
be used for indirect costs under section 4 for the
following fiscal year.
``(D) Required redesignation of the lead agency
designated under section 4(c)(1) or an entity
responsible for administering the grant program.
``(3) Appeals procedures.--The Secretary shall establish
appeals procedures for entities that are determined to be in
noncompliance with the applicable requirements of this Act, or
have not made substantial progress toward achieving the
measurable goals described in subsection (b)(1).
``(4) Secretarial action.--As part of the annual report
required under subsection (d), the Secretary shall describe
each such action taken under paragraph (1) or (2) and the
outcomes of each such action.
``(5) Public notification.--Not later than 30 days after
taking an action under paragraph (1) or (2), the Secretary
shall notify the public, by posting on an easily accessible
portion of the internet website of the Department of Health and
Human Services, notification of each action taken by the
Secretary under paragraph (1) or (2). As a part of such
notification, the Secretary shall describe each such action
taken under paragraph (1) or (2) and the outcomes of each such
action.
``(d) Annual Report to Congress.--
``(1) In general.--Not later than December 31 of each year,
the Secretary shall prepare and submit to the President, the
Committee on Health, Education, Labor, and Pensions of the
Senate, and the Committee on Education and Labor of the House
of Representatives a report on the activities funded under this
Act to improve the access of assistive technology devices and
assistive technology services to individuals with disabilities.
``(2) Contents.--Each report described in paragraph (1)
shall include--
``(A) a compilation and summary of the information
provided by the States in annual progress reports
submitted under section 4(f); and
``(B) a summary of the State applications described
in section 4(d) and an analysis of the progress of the
States in meeting the measurable goals established in
State applications under section 4(d)(3)(C).
``(e) Construction.--Nothing in this section shall be construed to
affect the enforcement authority of the Secretary, another Federal
officer, or a court under any other applicable law.
``(f) Effect on Other Assistance.--This Act may not be construed as
authorizing a Federal or State agency to reduce medical or other
assistance available, or to alter eligibility for a benefit or service,
under any other Federal law.
``SEC. 9. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS AND
DISTRIBUTION OF FUNDS.
``(a) In General.--There are authorized to be appropriated to carry
out this Act--
``(1) $44,000,000 for fiscal year 2023;
``(2) $45,980,000 for fiscal year 2024;
``(3) $48,049,100 for fiscal year 2025;
``(4) $50,211,310 for fiscal year 2026; and
``(5) $52,470,819 for fiscal year 2027.
``(b) Reservations and Distribution of Funds.--Subject to
subsection (c), for each fiscal year for which funds are made available
under subsection (a) to carry out this Act, the Secretary shall--
``(1) reserve an amount equal to 3 percent of the funds
made available for each such fiscal year to carry out
paragraphs (1) and (2) of section 6(b); and
``(2) from the amounts remaining after making the
reservation under paragraph (1)--
``(A) use 85.5 percent of such amounts to carry out
section 4; and
``(B) use 14.5 percent of such amounts to carry out
section 5.
``(c) Limit for Projects of National Significance.--For any fiscal
year for which the amount made available under subsection (a) exceeds
$49,000,000 the Secretary may--
``(1) reserve for section 7, an amount of such available
funds that does not exceed the lesser of--
``(A) the excess amount made available; or
``(B) $2,000,000; and
``(2) make the reservation under paragraph (1) before
carrying out subsection (b).''.
SEC. 5403. EFFECTIVE DATE.
This title, and the amendments made by this title, shall take
effect on the day that is 6 months after the date of enactment of this
Act.
TITLE LV--FOREIGN AFFAIRS MATTERS
TITLE LV--FOREIGN AFFAIRS MATTERS
Subtitle A--Taiwan Enhanced Resilience Act
Sec. 5501. Short title.
Part 1--Implementation of an Enhanced Defense Partnership Between the
United States and Taiwan
Sec. 5502. Modernizing Taiwan's security capabilities to deter and, if
necessary, defeat aggression by the
People's Republic of China.
Sec. 5503. Increase in annual regional contingency stockpile additions
and support for Taiwan.
Sec. 5504. International military education and training cooperation
with Taiwan.
Sec. 5505. Additional authorities to support Taiwan.
Sec. 5506. Multi-year plan to fulfill defensive requirements of
military forces of Taiwan.
Sec. 5507. Fast-tracking sales to Taiwan under Foreign Military Sales
program.
Sec. 5508. Arms exports delivery solutions for Taiwan and United States
allies in the Indo-Pacific.
Sec. 5509. Assessment of Taiwan's needs for civilian defense and
resilience.
Sec. 5510. Annual report on Taiwan defensive military capabilities and
intelligence support.
Sec. 5511. Findings and statement of policy.
Sec. 5512. Sense of Congress on Taiwan defense relations.
Part 2--Countering People's Republic of China's Coercion and Influence
Campaigns
Sec. 5513. Strategy to respond to influence and information operations
targeting Taiwan.
Sec. 5514. Task force to counter economic coercion by the People's
Republic of China.
Sec. 5515. China censorship monitor and action group.
Part 3--Inclusion of Taiwan in International Organizations
Sec. 5516. Findings.
Sec. 5517. Sense of Congress on Taiwan's meaningful participation in
the international community.
Sec. 5518. Strategy to support Taiwan's meaningful participation in
international organizations.
Sec. 5519. Meaningful participation of Taiwan in the International
Civil Aviation Organization.
Part 4--Miscellaneous Provisions
Sec. 5520. Report on Taiwan Travel Act.
Sec. 5521. Amendments to the Taiwan Allies International Protection and
Enhancement Initiative (Taipei) Act of
2019.
Sec. 5522. Report on role of People's Republic of China's nuclear
threat in escalation dynamics.
Sec. 5523. Report analyzing the impact of Russia's war against Ukraine
on the objectives of the People's Republic
of China with respect to Taiwan.
Sec. 5524. Expanding United States-Taiwan development cooperation.
Sec. 5525. Sense of congress on expanding United States economic
relations with Taiwan.
Part 5--Supporting United States Educational and Exchange Programs With
Taiwan
Sec. 5526. Short title.
Sec. 5527. Findings.
Sec. 5528. Purposes.
Sec. 5529. Definitions.
Sec. 5530. Taiwan Fellowship Program.
Sec. 5531. Reports and audits.
Sec. 5532. Taiwan fellows on detail from government service.
Sec. 5533. Funding.
Sec. 5534. Study and report.
Sec. 5535. Supporting United States educational and exchange programs
with Taiwan.
Part 6--United States-Taiwan Public Health Protection
Sec. 5536. Short title.
Sec. 5537. Definitions.
Sec. 5538. Study on an infectious disease monitoring center.
Part 7--Rules of Construction
Sec. 5539. Rule of construction.
Sec. 5540. Rule of construction regarding the use of military force.
Subtitle B--United States-Ecuador Partnership Act of 2022
Sec. 5541. Short title.
Sec. 5542. Sense of Congress.
Sec. 5543. Facilitating economic and commercial ties.
Sec. 5544. Promoting inclusive economic development.
Sec. 5545. Combating illicit economies, corruption, and negative
foreign influence.
Sec. 5546. Strengthening democratic governance.
Sec. 5547. Fostering conservation and stewardship.
Sec. 5548. Authorization to transfer excess Coast Guard vessels.
Sec. 5549. Reporting requirements.
Sec. 5550. Sunset.
Subtitle C--FENTANYL Results Act
Sec. 5551. Short title.
Sec. 5552. Prioritization of efforts of the Department of State to
combat international trafficking in covered
synthetic drugs.
Sec. 5553. Program to provide assistance to build the capacity of
foreign law enforcement agencies with
respect to covered synthetic drugs.
Sec. 5554. Exchange program on demand reduction matters relating to
illicit use of covered synthetic drugs.
Sec. 5555. Amendments to international narcotics control program.
Sec. 5556. Sense of Congress.
Sec. 5557. Rule of construction.
Sec. 5558. Definitions.
Subtitle D--International Pandemic Preparedness
Sec. 5559. Short title.
Sec. 5560. Definitions.
Sec. 5561. Enhancing the United States' international response to
pandemics.
Sec. 5562. International pandemic prevention and preparedness.
Sec. 5563. Financial Intermediary Fund for Pandemic Prevention,
Preparedness, and Response.
Sec. 5564. General provisions.
Sec. 5565. Sunset.
Sec. 5566. Rule of construction.
Subtitle E--Burma Act of 2022
Sec. 5567. Short title.
Sec. 5568. Definitions.
Part 1--Matters Relating to the Conflict in Burma
Sec. 5569. Statement of policy.
Part 2--Sanctions and Policy Coordination With Respect to Burma
Sec. 5570. Definitions.
Sec. 5571. Imposition of sanctions with respect to human rights abuses
and perpetration of a coup in Burma.
Sec. 5572. Sanctions and policy coordination for Burma.
Sec. 5573. Support for greater United Nations action with respect to
Burma.
Sec. 5574. Sunset.
Part 3--Authorizations of Appropriations for Assistance for Burma
Sec. 5575. General authorization of appropriations.
Sec. 5576. Limitations.
Sec. 5577. Appropriate congressional committees defined.
Part 4--Efforts Against Human Rights Abuses
Sec. 5578. Authorization to provide technical assistance for efforts
against human rights abuses.
Part 5--Sanctions Exception Relating to Importation of Goods
Sec. 5579. Sanctions exception relating to importation of goods.
Subtitle F--Promotion of Freedom of Information and Countering of
Censorship and Surveillance in North Korea
Sec. 5580. Short title.
Sec. 5581. Findings; sense of Congress.
Sec. 5582. Statement of policy.
Sec. 5583. United States strategy to combat North Korea's repressive
information environment.
Sec. 5584. Promoting freedom of information and countering censorship
and surveillance in North Korea.
Subtitle G--Other Matters
Sec. 5585. Congressional notification for rewards paid using
cryptocurrencies.
Sec. 5586. Secure access to sanitation facilities for women and girls.
Sec. 5587. Reauthorization of the Tropical Forest and Coral Reef
Conservation Act of 1998.
Sec. 5588. Global Food Security Reauthorization Act of 2022.
Sec. 5589. Extension and modification of certain export controls.
Sec. 5590. Imposition of sanctions with respect to the sale, supply, or
transfer of gold to or from Russia.
Sec. 5591. Renegotiation of Compacts of Free Association.
Sec. 5592. Secretary of State assistance for prisoners in Islamic
Republic of Iran.
Sec. 5593. Iran Nuclear Weapons Capability and Terrorism Monitoring Act
of 2022.
Subtitle H--Reports
Sec. 5594. Modification to peacekeeping operations report.
Sec. 5595. Report on Indo-Pacific region.
Sec. 5596. Report on humanitarian situation and food security in
Lebanon.
Sec. 5597. Statement of policy and report on engaging with Niger.
Sec. 5598. Report on bilateral security and law enforcement cooperation
with Mexico.
Sec. 5599. Report on Chinese support to Russia with respect to its
unprovoked invasion of and full-scale war
against Ukraine.
Sec. 5599A. Feasibility study on United States support for and
participation in the international
counterterrorism academy in Cote d'Ivoire.
Sec. 5599B. Consultations on reuniting Korean Americans with family
members in North Korea.
Subtitle I--Sense of Congress Provisions
Sec. 5599C. Sense of Congress regarding the status of China.
Sec. 5599D. Sense of Congress regarding Israel.
Sec. 5599E. Sense of Congress relating to the NATO Parliamentary
Assembly.
Sec. 5599F. Condemning detention and indictment of Russian opposition
leader Vladimir Vladimirovich Kara-Murza.
Sec. 5599G. Sense of Congress regarding development of nuclear weapons
by Iran.
Subtitle A--Taiwan Enhanced Resilience Act
SEC. 5501. SHORT TITLE.
This subtitle may be cited as the ``Taiwan Enhanced Resilience
Act''.
PART 1--IMPLEMENTATION OF AN ENHANCED DEFENSE PARTNERSHIP BETWEEN THE
UNITED STATES AND TAIWAN
SEC. 5502. MODERNIZING TAIWAN'S SECURITY CAPABILITIES TO DETER AND, IF
NECESSARY, DEFEAT AGGRESSION BY THE PEOPLE'S REPUBLIC OF
CHINA.
(a) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Armed Services of the House of
Representatives; and
(6) the Committee on Appropriations of the House of
Representatives.
(b) Taiwan Security Programs.--The Secretary of State, in
consultation with the Secretary of Defense, shall use the authorities
under this section to strengthen the United States-Taiwan defense
relationship, and to support the acceleration of the modernization of
Taiwan's defense capabilities, consistent with the Taiwan Relations Act
(Public Law 96-8).
(c) Purpose.--In addition to the purposes otherwise authorized for
Foreign Military Financing programs under the Arms Export Control Act
(22 U.S.C. 2751 et seq.), a purpose of the Foreign Military Financing
Program should be to provide assistance, including equipment, training,
and other support, to build the civilian and defensive military
capabilities of Taiwan--
(1) to accelerate the modernization of capabilities that
will enable Taiwan to delay, degrade, and deny attempts by
People's Liberation Army forces--
(A) to conduct coercive or grey zone activities;
(B) to blockade Taiwan; or
(C) to secure a lodgment on any islands
administered by Taiwan and expand or otherwise use such
lodgment to seize control of a population center or
other key territory in Taiwan; and
(2) to prevent the People's Republic of China from
decapitating, seizing control of, or otherwise neutralizing or
rendering ineffective Taiwan's civilian and defense leadership.
(d) Regional Contingency Stockpile.--Of the amounts authorized to
be appropriated pursuant to subsection (h), not more than $100,000,000
may be used during each of the fiscal years 2023 through 2032 to
maintain a stockpile (if established pursuant to section 5503(b)), in
accordance with section 514 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321h).
(e) Availability of Funds.--
(1) Annual spending plan.--Not later than March 1, 2023,
and annually thereafter, the Secretary of State, in
coordination with the Secretary of Defense, shall submit a plan
to the appropriate congressional committees describing how
amounts authorized to be appropriated pursuant to subsection
(h), if made available, would be used to achieve the purpose
described in subsection (c).
(2) Certification.--
(A) In general.--Amounts authorized to be
appropriated for each fiscal year pursuant to
subsection (h) are authorized to be made available
after the Secretary of State, in coordination with the
Secretary of Defense, certifies not less than annually
to the appropriate committees of Congress that Taiwan
has increased its defense spending relative to Taiwan's
defense spending in its prior fiscal year, which
includes support for an asymmetric strategy, excepting
accounts in Taiwan's defense budget related to
personnel expenditures, (other than military training
and education and any funding related to the All-Out
Defense Mobilization Agency).
(B) Waiver.--The Secretary of State may waive the
certification requirement under subparagraph (A) if the
Secretary, in consultation with the Secretary of
Defense, certifies to the appropriate congressional
committees that for any given year--
(i) Taiwan is unable to increase its
defense spending relative to its defense
spending in its prior fiscal year due to severe
hardship; and
(ii) making available the amounts
authorized under subparagraph (A) is in the
national interests of the United States.
(3) Remaining funds.--Amounts authorized to be appropriated
for a fiscal year pursuant to subsection (h) that are not
obligated and expended during such fiscal year shall be added
to the amount that may be used for Foreign Military Financing
to Taiwan in the subsequent fiscal year.
(f) Annual Report on Advancing the Defense of Taiwan.--
(1) Initial report.--Concurrently with the first
certification required under subsection (e)(2), the Secretary
of State and the Secretary of Defense shall jointly submit a
report to the appropriate congressional committees that
describes steps taken to enhance the United States-Taiwan
defense relationship and Taiwan's modernization of its defense
capabilities.
(2) Matters to be included.--Each report required under
paragraph (1) shall include--
(A) an assessment of the commitment of Taiwan to
implement a military strategy that will deter and, if
necessary, defeat military aggression by the People's
Republic of China, including the steps that Taiwan has
taken and the steps that Taiwan has not taken towards
such implementation;
(B) an assessment of the efforts of Taiwan to
acquire and employ within its forces
counterintervention capabilities, including--
(i) long-range precision fires;
(ii) integrated air and missile defense
systems;
(iii) anti-ship cruise missiles;
(iv) land-attack cruise missiles;
(v) coastal defense;
(vi) anti-armor;
(vii) undersea warfare, including manned
and unmanned systems;
(viii) survivable swarming maritime assets;
(ix) manned and unmanned aerial systems;
(x) mining and countermining capabilities;
(xi) intelligence, surveillance, and
reconnaissance capabilities;
(xii) command and control systems;
(xiii) defensive cybersecurity
capabilities; and
(xiv) any other defense capabilities that
the United States determines, including jointly
with Taiwan, are crucial to the defense of
Taiwan, consistent with the joint consultative
mechanism with Taiwan created pursuant to
section 5506;
(C) an evaluation of the balance between
conventional and counter intervention capabilities in
the defense force of Taiwan as of the date on which the
report is submitted;
(D) an assessment of steps taken by Taiwan to
enhance the overall readiness of its defense forces,
including--
(i) the extent to which Taiwan is requiring
and providing regular and relevant training to
such forces;
(ii) the extent to which such training is
realistic to the security environment that
Taiwan faces; and
(iii) the sufficiency of the financial and
budgetary resources Taiwan is putting toward
readiness of such forces;
(E) an assessment of steps taken by Taiwan to
ensure that the Taiwan's reserve forces and All-Out
Defense Mobilization Agency can recruit, train, equip,
and mobilize its forces;
(F) an evaluation of--
(i) the severity of manpower shortages in
the military of Taiwan, including in the
reserve forces;
(ii) the impact of such shortages in the
event of a conflict scenario; and
(iii) the efforts made by Taiwan to address
such shortages;
(G) an assessment of the efforts made by Taiwan to
boost its civilian defenses, including any
informational campaigns to raise awareness among the
population of Taiwan of the risks Taiwan faces;
(H) an assessment of the efforts made by Taiwan to
secure its critical infrastructure, including in
transportation, telecommunications networks, satellite
communications, and energy;
(I) an assessment of the efforts made by Taiwan to
enhance its cybersecurity, including the security and
survivability of official civilian and military
networks;
(J) an assessment of the efforts made by Taiwan to
improve the image and prestige of its defense forces
among the population of Taiwan;
(K) an assessment of any significant gaps in any of
the matters described in subparagraphs (A) through (J)
with respect to which the United States assesses that
additional action is needed;
(L) a description of cooperative efforts between
the United States and Taiwan on the matters described
in subparagraphs (A) through (K); and
(M) a description of any challenge in Taiwan to--
(i) implement the matters described in
subparagraphs (A) through (J); or
(ii) United States support or engagement
with regard to such matters.
(3) Subsequent reports.--Concurrently with subsequent
certifications required under subsection (e)(2), the Secretary
of State and the Secretary of Defense shall jointly submit
updates to the initial report required under paragraph (1) that
provides a description of changes and developments that
occurred in the prior year.
(4) Form.--The reports required under paragraphs (1) and
(3) shall be submitted in an unclassified form, but may contain
a classified annex.
(5) Sharing of summary.--The Secretary of State and the
Secretary of Defense shall jointly share any unclassified
portions of the reports, pursuant to paragraph (4), with
Taiwan, as appropriate.
(g) Foreign Military Financing Loan and Loan Guarantee Authority.--
(1) Direct loans.--
(A) In general.--Notwithstanding section 23(c)(1)
of the Arms Export Control Act (22 U.S.C. 2763), during
fiscal years 2023 through 2027, the Secretary of State
is authorized to make direct loans available for Taiwan
pursuant to section 23 of such Act.
(B) Maximum obligations.--Gross obligations for the
principal amounts of loans authorized under
subparagraph (A) may not exceed $2,000,000,000.
(C) Source of funds.--
(i) Defined term.--In this subparagraph,
the term ``cost''--
(I) has the meaning given such term
in section 502(5) of the Congressional
Budget Act of 1974 (2 U.S.C. 661a(5));
(II) shall include the cost of
modifying a loan authorized under
subparagraph (A); and
(III) may include the costs of
selling, reducing, or cancelling any
amounts owed to the United States or to
any agency of the United States.
(ii) In general.--Amounts authorized to be
appropriated pursuant to subsection (g) may be
made available to pay for the cost of loans
authorized under subparagraph (A).
(D) Fees authorized.--
(i) In general.--The Government of the
United States may charge processing and
origination fees for a loan made pursuant to
subparagraph (A), not to exceed the cost to the
Government of making such loan, which shall be
collected from borrowers through a financing
account (as defined in section 502(7) of the
Congressional Budget Act of 1974 (2 U.S.C.
661a(7)).
(ii) Limitation on fee payments.--Amounts
made available under any appropriations Act for
any fiscal year may not be used to pay any fees
associated with a loan authorized under
subparagraph (A).
(E) Repayment.--Loans made pursuant to subparagraph
(A) shall be repaid not later than 12 years after the
loan is received by the borrower, including a grace
period of not more than 1 year on repayment of
principal.
(F) Interest.--
(i) In general.--Notwithstanding section
23(c)(1) of the Arms Export Control Act (22
U.S.C. 2763(c)(1)), interest for loans made
pursuant to subparagraph (A) may be charged at
a rate determined by the Secretary of State,
except that such rate may not be less than the
prevailing interest rate on marketable Treasury
securities of similar maturity.
(ii) Treatment of loan amounts used to pay
interest.--Amounts made available under this
paragraph for interest costs shall not be
considered assistance for the purposes of any
statutory limitation on assistance to a
country.
(2) Loan guarantees.--
(A) In general.--Amounts authorized to be
appropriated pursuant to subsection (g) may be made
available for the costs of loan guarantees for Taiwan
under section 24 of the Arms Export Control Act (22
U.S.C. 2764) for Taiwan to subsidize gross obligations
for the principal amount of commercial loans and total
loan principal, any part of which may be guaranteed,
not to exceed $2,000,000,000.
(B) Maximum amounts.--A loan guarantee authorized
under subparagraph (A)--
(i) may not guarantee a loan that exceeds
$2,000,000,000; and
(ii) may not exceed 80 percent of the loan
principal with respect to any single borrower.
(C) Subordination.--Any loan guaranteed pursuant to
subparagraph (A) may not be subordinated to--
(i) another debt contracted by the
borrower; or
(ii) any other claims against the borrower
in the case of default.
(D) Repayment.--Repayment in United States dollars
of any loan guaranteed under this paragraph shall be
required not later than 12 years after the loan
agreement is signed.
(E) Fees.--Notwithstanding section 24 of the Arms
Export Control Act (22 U.S.C. 2764), the Government of
the United States may charge processing and origination
fees for a loan guarantee authorized under subparagraph
(A), not to exceed the cost to the Government of such
loan guarantee, which shall be collected from
borrowers, or from third parties on behalf of such
borrowers, through a financing account (as defined in
section 502(7) of the Congressional Budget Act of 1974
(2 U.S.C. 661a(7)).
(F) Treatments of loan guarantees.--Amounts made
available under this paragraph for the costs of loan
guarantees authorized under subparagraph (A) shall not
be considered assistance for the purposes of any
statutory limitation on assistance to a country.
(3) Notification requirement.--Amounts authorized to be
appropriated to carry out this subsection may not be expended
without prior notification of the appropriate committees of
Congress.
(h) Authorization of Appropriations.--
(1) Authorization of appropriations.--In addition to
amounts otherwise authorized to be appropriated for Foreign
Military Financing, there is authorized to be appropriated to
the Department of State for Taiwan Foreign Military Finance
grant assistance up to $2,000,000,000 for each of the fiscal
years 2023 through 2027.
(2) Training and education.--Of the amounts authorized to
be appropriated under paragraph (1), the Secretary of State
should use not less than $2,000,000 per fiscal year for one or
more blanket order Foreign Military Financing training programs
related to the defense needs of Taiwan.
(3) Direct commercial contracting.--The Secretary of State
may use amounts authorized to be appropriated under paragraph
(1) for the procurement of defense articles, defense services,
or design and construction services that are not sold by the
United States Government under the Arms Export Control Act (22
U.S.C. 2751 et seq.).
(4) Procurement in taiwan.--Of the amounts authorized to be
appropriated for Foreign Military Financing and made available
for Taiwan, not more than 15 percent of the amount made
available for each fiscal year may be available for the
procurement by Taiwan in Taiwan of defense articles and defense
services, including research and development, as agreed by the
United States and Taiwan.
(i) Sunset Provision.--Assistance may not be provided under this
section after September 30, 2032.
SEC. 5503. INCREASE IN ANNUAL REGIONAL CONTINGENCY STOCKPILE ADDITIONS
AND SUPPORT FOR TAIWAN.
(a) In General.--Section 514(b)(2)(A) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking
``$200,000,000'' and all that follows and inserting ``$500,000,000 for
any of the fiscal years 2023, 2024, or 2025.''.
(b) Establishment.--Subject to section 514 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h), the President may establish a
regional contingency stockpile for Taiwan that consists of munitions
and other appropriate defense articles.
(c) Inclusion of Taiwan Among Other Allies Eligible for Defense
Articles.--Chapter 2 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2311 et seq.) is amended--
(1) in section 514(c)(2) (22 U.S.C. 2321h(c)(2)), by
inserting ``Taiwan,'' after ``Thailand,''; and
(2) in section 516(c)(2) (22 U.S.C. 2321j(c)(2)), by
inserting ``to Taiwan,'' after ``major non-NATO allies on such
southern and southeastern flank,''.
(d) Annual Briefing.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for 7 years, the
President shall provide a briefing to the appropriate committees of
Congress regarding the status of a regional contingency stockpile
established under subsection (b).
SEC. 5504. INTERNATIONAL MILITARY EDUCATION AND TRAINING COOPERATION
WITH TAIWAN.
(a) In General.--The Secretary of State and the Secretary of
Defense shall establish or expand a comprehensive training program with
Taiwan designed to--
(1) enhance interoperability and capabilities for joint
operations between the United States and Taiwan;
(2) enhance rapport and deepen partnership between the
militaries of the United States and Taiwan, and foster
understanding of the United States among individuals in Taiwan;
(3) improve Taiwan's defense capabilities; and
(4) train future leaders of Taiwan, promote professional
military education, civilian control of the military, and
protection of human rights.
(b) Elements.--The training program required by subsection (a)
should prioritize relevant and realistic training, including as
necessary joint United States-Taiwan contingency tabletop exercises,
war games, full-scale military exercises, and an enduring rotational
United States military presence that assists Taiwan in maintaining
force readiness and utilizing United States defense articles and
services transferred from the United States to Taiwan.
(c) Authorization of Participation of Taiwan in the International
Military Education and Training Program.--The Secretary of State is
authorized to provide training and education to relevant entities in
Taiwan through the International Military Education and Training
program authorized under chapter 5 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347 et seq).
SEC. 5505. ADDITIONAL AUTHORITIES TO SUPPORT TAIWAN.
(a) Drawdown Authority.--Section 506(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2318(a)) is amended by adding at the end the
following paragraph:
``(3) In addition to amounts already specified in this section, the
President may direct the drawdown of defense articles from the stocks
of the Department of Defense, defense services of the Department of
Defense, and military education and training, of an aggregate value of
not to exceed $1,000,000,000 per fiscal year, to be provided to
Taiwan.''.
(b) Emergency Authority.--Section 552(c) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2348a(c)) is amended by adding at the end the
following: ``In addition to the aggregate value of $25,000,000
authorized in paragraph (2) of the preceding sentence, the President
may direct the drawdown of commodities and services from the inventory
and resources of any agency of the United States Government for the
purposes of providing necessary and immediate assistance to Taiwan of a
value not to exceed $25,000,000 in any fiscal year.''.
(c) Use of Special Defense Acquisition Fund.--The Secretary of
Defense, in consultation with the Secretary of State, shall seek to
utilize the Special Defense Acquisition Fund established under chapter
5 of the Arms Export Control Act (22 U.S.C. 2795 et seq.) to expedite
the procurement and delivery of defense articles and defense services
for the purpose of assisting and supporting the armed forces of Taiwan.
SEC. 5506. MULTI-YEAR PLAN TO FULFILL DEFENSIVE REQUIREMENTS OF
MILITARY FORCES OF TAIWAN.
(a) Multi-year Plan.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
State, in consultation with the Director of National Intelligence,
shall engage for the purposes of establishing a joint consultative
mechanism with appropriate officials of Taiwan to develop and implement
a multi-year plan to provide for the acquisition of appropriate
defensive capabilities by Taiwan and to engage with Taiwan in a series
of combined training, exercises, and planning activities consistent
with the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et
seq.).
(b) Elements.--The plan required by subsection (a) shall include
the following:
(1) An identification of the defensive military capability
gaps and capacity shortfalls of Taiwan that are required to--
(A) allow Taiwan to respond effectively to
aggression by the People's Liberation Army or other
actors from the People's Republic of China; and
(B) advance a strategy of denial, reduce the threat
of conflict, thwart an invasion, and mitigate other
risks to the United States and Taiwan.
(2) An assessment of the relative priority assigned by
appropriate departments and agencies of Taiwan to include its
military to address such capability gaps and capacity
shortfalls.
(3) An explanation of the annual resources committed by
Taiwan to address such capability gaps and capacity shortfalls.
(4) A description and justification of the relative
importance of overcoming each identified capability gap and
capacity shortfall for deterring, delaying, or defeating
military aggression by the People's Republic of China;
(5) An assessment of--
(A) the capability gaps and capacity shortfalls
that could be addressed in a sufficient and timely
manner by Taiwan; and
(B) the capability gaps and capacity shortfalls
that are unlikely to be addressed in a sufficient and
timely manner solely by Taiwan.
(6) An assessment of the capability gaps and capacity
shortfalls described in paragraph (5)(B) that could be
addressed in a sufficient and timely manner by--
(A) the Foreign Military Financing, Foreign
Military Sales, and Direct Commercial Sales programs of
the Department of State;
(B) Department of Defense security assistance
authorized by chapter 16 of title 10, United States
Code;
(C) Department of State training and education
programs authorized by chapter 5 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347 et
seq.);
(D) section 506 of the Foreign Assistance Act of
1961 (22 U.S.C. 2318);
(E) the provision of excess defense articles
pursuant to the requirements of the Arms Export Control
Act (22 U.S.C. 2751 et seq.); or
(F) any other authority available to the Secretary
of Defense or the Secretary of State.
(7) A description of United States or Taiwan engagement
with other countries that could assist in addressing in a
sufficient and timely manner the capability gaps and capacity
shortfalls identified pursuant to paragraph (1).
(8) An identification of opportunities to build
interoperability, combined readiness, joint planning
capability, and shared situational awareness between the United
States, Taiwan, and other foreign partners and allies, as
appropriate, through combined training, exercises, and planning
events, including--
(A) table-top exercises and wargames that allow
operational commands to improve joint and combined
planning for contingencies involving a well-equipped
adversary in a counter-intervention campaign;
(B) joint and combined exercises that test the
feasibility of counter-intervention strategies, develop
interoperability across services, and develop the
lethality and survivability of combined forces against
a well-equipped adversary;
(C) logistics exercises that test the feasibility
of expeditionary logistics in an extended campaign with
a well-equipped adversary;
(D) service-to-service exercise programs that build
functional mission skills for addressing challenges
posed by a well-equipped adversary in a counter-
intervention campaign; and
(E) any other combined training, exercises, or
planning with Taiwan's military forces that the
Secretary of Defense and Secretary of State consider
relevant.
(9) An identification of options for the United States to
use, to the maximum extent practicable, existing authorities or
programs to expedite military assistance to Taiwan in the event
of a crisis or conflict, including--
(A) a list of defense articles of the United States
that may be transferred to Taiwan during a crisis or
conflict;
(B) a list of authorities that may be used to
provide expedited military assistance to Taiwan during
a crisis or conflict;
(C) an assessment of methods that could be used to
deliver such assistance to Taiwan during a crisis or
conflict, including--
(i) the feasibility of employing such
methods in different scenarios; and
(ii) recommendations for improving the
ability of the Armed Forces to deliver such
assistance to Taiwan; and
(D) an assessment of any challenges in providing
such assistance to Taiwan in the event of a crisis or
conflict and recommendations for addressing such
challenges.
(c) Recurrence.--The joint consultative mechanism required in
subsection (a) shall convene on a recurring basis and not less than
annually.
SEC. 5507. FAST-TRACKING SALES TO TAIWAN UNDER FOREIGN MILITARY SALES
PROGRAM.
(a) Preclearance of Certain Foreign Military Sales Items.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State, in coordination with the Secretary of
Defense, and in conjunction with coordinating entities such as
the National Disclosure Policy Committee, the Arms Transfer and
Technology Release Senior Steering Group, and other appropriate
entities, shall compile a list of available and emerging
military platforms, technologies, and equipment that are pre-
cleared and prioritized for sale and release to Taiwan through
the Foreign Military Sales program.
(2) Rules of construction.--
(A) Selection of items.--The list compiled pursuant
to paragraph (1) shall not be construed as limiting the
type, timing, or quantity of items that may be
requested by, or sold to, Taiwan under the Foreign
Military Sales program.
(B) Notifications required.--Nothing in this Act
may be construed to supersede congressional
notification requirements under the Arms Export Control
Act (22 U.S.C. 2751 et. seq.).
(b) Prioritized Processing of Foreign Military Sales Requests From
Taiwan.--
(1) Requirement.--The Secretary of State and the Secretary
of Defense shall prioritize and expedite the processing of
requests from Taiwan under the Foreign Military Sales program,
and may not delay the processing of requests for bundling
purposes.
(2) Duration.--The requirement under paragraph (1) shall
continue until the Secretary of State determines and certifies
to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
that the threat to Taiwan has significantly abated.
(c) Interagency Policy.--The Secretary of State and the Secretary
of Defense shall jointly review and update interagency policies and
implementation guidance related to Foreign Military Sales requests from
Taiwan, including incorporating the preclearance provisions of this
section.
SEC. 5508. ARMS EXPORTS DELIVERY SOLUTIONS FOR TAIWAN AND UNITED STATES
ALLIES IN THE INDO-PACIFIC.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
(b) Report Required.--Not later than March 1, 2023, and annually
thereafter for a period of 5 years, the Secretary of State, in
coordination with the Secretary of Defense, shall transmit to the
appropriate committees of Congress a report with respect to the
transfer of all defense articles or defense services that have yet to
be completed pursuant to the authorities provided by--
(1) section 3, 21, or 36 of the Arms Export Control Act (22
U.S.C. 2753, 2761, or 2776); or
(2) section 516(c)(2) of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j(c)(2)).
(c) Elements.--The report required by subsection (b) shall include
the following elements:
(1) A list of all approved transfers of defense articles
and services authorized by Congress pursuant to sections 25 and
36 of the Arms Export Control Act (22 U.S.C. 2765, 2776) with a
total value of $25,000,000 or more, to Taiwan, Japan, South
Korea, Australia, the Philippines, Thailand, or New Zealand,
that have not been fully delivered by the start of the fiscal
year in which the report is being submitted.
(2) The estimated start and end dates of delivery for each
approved and incomplete transfer listed pursuant to paragraph
(1), including additional details and dates for any transfers
that involve multiple tranches of deliveries.
(3) With respect to each approved and incomplete transfer
listed pursuant to paragraph (1), a detailed description of--
(A) any changes in the delivery dates of defense
articles or services relative to the dates anticipated
at the time of congressional approval of the transfer,
including specific reasons for any delays related to
the United States Government, defense suppliers, or a
foreign partner;
(B) the feasibility and advisability of providing
the partner subject to such delayed delivery with an
interim capability or solution, including drawing from
United States stocks, and the mechanisms under
consideration for doing so as well as any challenges to
implementing such a capability or solution;
(C) authorities, appropriations, or waiver requests
that Congress could provide to improve delivery
timelines or authorize the provision of interim
capabilities or solutions identified pursuant to
subparagraph (B); and
(D) a description of which countries are ahead of
Taiwan for delivery of each item listed pursuant to
paragraph (1).
(4) A description of ongoing interagency efforts to support
attainment of operational capability of the corresponding
defense articles and services once delivered, including advance
training with United States or armed forces of partner
countries on the systems to be received. The description of any
such training shall also include an identification of the
training implementer.
(5) If a transfer listed pursuant to paragraph (1) has been
terminated prior to the date of the submission of the report
for any reason--
(A) the case information for such transfer,
including the date of congressional notification,
delivery date of the Letter of Offer and Acceptance
(LOA), final signature of the LOA, and information
pertaining to delays in delivering LOAs for signature;
(B) a description of the reasons for which the
transfer is no longer in effect; and
(C) the impact this termination will have on the
intended end-user and the consequent implications for
regional security, including the impact on deterrence
of military action by countries hostile to the United
States, the military balance in the Taiwan Strait, and
other factors.
(6) A separate description of the actions the United States
is taking to expedite and prioritize deliveries of defense
articles and services to Taiwan, including--
(A) a description of what actions the Department of
State and the Department of Defense have taken or are
planning to take to prioritize Taiwan's Foreign
Military Sales cases;
(B) current procedures or mechanisms for
determining that a Foreign Military Sales case for
Taiwan should be prioritized above a sale to another
country of the same or similar item; and
(C) whether the United States intends to divert
defense articles from United States stocks to provide
an interim capability or solution with respect to any
delayed deliveries to Taiwan and the plan, if
applicable, to replenish any such diverted stocks.
(7) A description of other actions already undertaken by or
currently under consideration by the Department of State and
the Department of Defense to improve delivery timelines for the
transfers listed pursuant to paragraph (1).
(d) Form.--The report required by subsection (b) shall be submitted
in unclassified form but may include a classified annex.
SEC. 5509. ASSESSMENT OF TAIWAN'S NEEDS FOR CIVILIAN DEFENSE AND
RESILIENCE.
(a) Assessment Required.--Not later than 120 days after the date of
enactment of this Act, the Secretary of State and the Secretary of
Defense, in coordination with the Director of National Intelligence,
shall submit a written assessment, with a classified annex, of Taiwan's
needs in the areas of civilian defense and resilience to--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and Select Committee on Intelligence of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(b) Matters to Be Included.--The assessment required under
subsection (a) shall--
(1) analyze the potential role of Taiwan's public and
civilian assets in defending against various scenarios for
foreign militaries to coerce or conduct military aggression
against Taiwan;
(2) carefully analyze Taiwan's needs for enhancing its
defensive capabilities through the support of civilians and
civilian sectors, including--
(A) greater utilization of Taiwan's high tech labor
force;
(B) the creation of clear structures and logistics
support for civilian defense role allocation;
(C) recruitment and skills training for Taiwan's
defense and civilian sectors; and
(D) other defense needs and considerations at the
provincial, city, and neighborhood levels;
(3) analyze Taiwan's needs for enhancing resiliency among
its people and in key economic sectors;
(4) identify opportunities for Taiwan to enhance
communications at all levels to strengthen trust and
understanding between the military, other government
departments, civilian agencies and the general public,
including--
(A) communications infrastructure necessary to
ensure reliable communications in response to a
conflict or crisis; and
(B) a plan to effectively communicate to the
general public in response to a conflict or crisis;
(5) identify the areas and means through which the United
States could provide training, exercises, and assistance at all
levels to support the needs discovered through the assessment
and fill any critical gaps where capacity falls short of such
needs; and
(6) review existing United States Government and non-United
States Government programmatic and funding modalities that are
meant to support Taiwan's civilian defense professionals in
pursuing professional development, educational, and cultural
exchanges in the United States, including--
(A) opportunities through Department of State-
supported programs, such as the International Visitor
Leaders Program;
(B) opportunities offered through non-governmental
institutions, such as think tanks, to the extent the
review can practicably make such an assessment;
(C) a description of the frequency that civilian
defense professionals from Taiwan pursue or are
selected for the programs reviewed in subparagraph (A);
(D) an analysis of any funding, policy,
administrative, or other barriers preventing greater
participation from Taiwan's civilian defense
professionals in the opportunities identified in
subparagraph (A);
(E) an evaluation of the value expanding the
opportunities reviewed in subparagraph (A) would offer
for strengthening Taiwan's existing civilian defense
community, and for increasing the perceived value of
the field for young professionals in Taiwan;
(F) an assessment of options the United States
Government could take individually, with partners in
Taiwan, or with foreign governments or non-governmental
partners, to expand the opportunities reviewed in
subparagraph (A); and
(G) a description of additional resources and
authorities that may be required to execute the options
described in subparagraph (E).
(c) Sharing of Report.--The assessment required by subsection (a)
shall be shared with appropriate officials of Taiwan to facilitate
cooperation, as appropriate.
SEC. 5510. ANNUAL REPORT ON TAIWAN DEFENSIVE MILITARY CAPABILITIES AND
INTELLIGENCE SUPPORT.
Section 1248 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1988) is amended to read as
follows:
``SEC. 1248. ANNUAL REPORT ON TAIWAN CAPABILITIES AND INTELLIGENCE
SUPPORT.
``(a) In General.--Through 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 perform an annual assessment,
consistent with the Taiwan Relations Act (Public Law 96-8; 22 U.S.C.
3302(c)), of security matters related to Taiwan, including intelligence
matters, Taiwan's defensive military capabilities, and how defensive
shortcomings or vulnerabilities of Taiwan could be mitigated through
cooperation, modernization, or integration. At a minimum, the
assessment shall include the following:
``(1) An intelligence assessment regarding--
``(A) conventional military and nuclear threats to
Taiwan from the People's Republic of China, including
exercises, patrols, and presence intended to intimidate
or coerce Taiwan; and
``(B) irregular warfare activities, including
influence operations, conducted by the People's
Republic of China to interfere in or undermine the
peace and stability of the Taiwan Strait.
``(2) The current military capabilities of Taiwan and the
ability of Taiwan to defend itself from external conventional
and irregular military threats across a range of scenarios.
``(3) The interoperability of current and future defensive
capabilities of Taiwan with the military capabilities of the
United States and its allies and partners.
``(4) The plans, tactics, techniques, and procedures
underpinning an effective defense strategy for Taiwan,
including how addressing identified capability gaps and
capacity shortfalls will improve the effectiveness of such
strategy.
``(5) A description of additional personnel, resources, and
authorities in Taiwan or in the United States that may be
required to meet any shortcomings in the development of
Taiwan's military capabilities identified pursuant to this
section.
``(6) With respect to materiel capabilities and capacities
the Secretary of Defense and Secretary of State jointly assess
to be most effective in deterring, defeating, or delaying
military aggression by the People's Republic of China, a
prioritized list of capability gaps and capacity shortfalls of
the military forces of Taiwan, including--
``(A) an identification of--
``(i) any United States, Taiwan, or ally or
partner country defense production timeline
challenge related to potential materiel and
solutions to such capability gaps;
``(ii) the associated investment costs of
enabling expanded production for items
currently at maximum production;
``(iii) the associated investment costs of,
or mitigation strategies for, enabling export
for items currently not exportable; and
``(iv) existing stocks of such capabilities
in the United States and ally and partner
countries;
``(B) the feasibility and advisability of procuring
solutions to such gaps and shortfalls through United
States allies and partners, including through co-
development or co-production;
``(C) the feasibility and advisability of assisting
Taiwan in the domestic production of solutions to
capability gaps, including through--
``(i) the transfer of intellectual
property; and
``(ii) co-development or co-production
arrangements;
``(D) the estimated costs, expressed in a range of
options, of procuring sufficient capabilities and
capacities to address such gaps and shortfalls;
``(E) an assessment of the relative priority
assigned by appropriate officials of Taiwan to each
such gap and shortfall; and
``(F) a detailed explanation of the extent to which
Taiwan is prioritizing the development, production, or
fielding of solutions to such gaps and shortfalls
within its overall defense budget.
``(7) The applicability of Department of State and
Department of Defense authorities for improving the defensive
military capabilities of Taiwan in a manner consistent with the
Taiwan Relations Act.
``(8) A description of any security assistance provided or
Foreign Military Sales and Direct Commercial Sales activity
with Taiwan over the past year.
``(9) A description of each engagement between the United
States and Taiwan personnel related to planning over the past
year.
``(10) With respect to each to training and exercises--
``(A) a description of each such instance over the
past year;
``(B) a description of how each such instance--
``(i) sought to achieve greater
interoperability, improved readiness, joint
planning capability, and shared situational
awareness between the United States and Taiwan,
or among the United States, Taiwan, and other
countries;
``(ii) familiarized the militaries of the
United States and Taiwan with each other; and
``(iii) improved Taiwan's defense
capabilities.
``(11) A description of the areas and means through which
the United States is assisting and supporting training,
exercises, and assistance to support Taiwan's requirements
related to civilian defense and resilience, and how the United
States is seeking to assist Taiwan in addressing any critical
gaps where capacity falls short of meeting such requirements,
including those elements identified in the assessment required
by section 5502(f) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023.
``(12) An assessment of the implications of current levels
of pre-positioned war reserve materiel on the ability of the
United States to respond to a crisis or conflict involving
Taiwan with respect to--
``(A) providing military or non-military aid to
Taiwan; and
``(B) sustaining military installations and other
infrastructure of the United States in the Indo-Pacific
region.
``(13) An assessment of the current intelligence,
surveillance, and reconnaissance capabilities of Taiwan,
including any existing gaps in such capabilities and
investments in such capabilities by Taiwan since the preceding
report.
``(14) A summary of changes to pre-positioned war reserve
materiel of the United States in the Indo-Pacific region since
the preceding report.
``(15) Any other matters the Secretary of Defense or the
Secretary of State considers appropriate.
``(b) Plan.--The Secretary of Defense and the Secretary of State
shall jointly develop a plan for assisting Taiwan in improving its
defensive military capabilities and addressing vulnerabilities
identified pursuant to subsection (a) that includes--
``(1) recommendations, if any, for new Department of State
or Department of Defense authorities, or modifications to
existing Department of State or Department of Defense
authorities, necessary to improve the defensive military
capabilities of Taiwan in a manner consistent with the Taiwan
Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.);
``(2) an identification of opportunities for key leader and
subject matter expert engagement between Department personnel
and military and civilian counterparts in Taiwan; and
``(3) an identification of challenges and opportunities for
leveraging authorities, resources, and capabilities outside the
Department of Defense and the Department of State to improve
the defensive capabilities of Taiwan in accordance with the
Taiwan Relations Act.
``(c) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter through fiscal year
2027, the Secretary of State and the Secretary of Defense, in
consultation with the Director of National Intelligence, shall jointly
submit to the appropriate committees of Congress--
``(1) a report on the results of the assessment required by
subsection (a);
``(2) the plan required by subsection (b); and
``(3) a report on--
``(A) the status of efforts to develop and
implement the joint multi-year plan required under
section 5506 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 to provide for
the acquisition of appropriate defensive military
capabilities by Taiwan and to engage with Taiwan in a
series of combined training and planning activities
consistent with the Taiwan Relations Act (Public Law
96-8; 22 U.S.C. 3301 et seq.); and
``(B) any other matters the Secretary of State and
the Secretary of Defense consider necessary.
``(d) Form.--The reports required by subsection (c) shall be
submitted in unclassified form, but may include a classified annex.
``(e) Appropriate Committees of Congress Defined.--For purposes of
this section, the term `appropriate committees of Congress' means--
``(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence of
the Senate; and
``(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.''.
SEC. 5511. FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--Congress finds the following:
(1) Advancing peace and stability in the Indo-Pacific has
been a central element of United States foreign policy toward
the region.
(2) The Government of the People's Republic of China (PRC),
especially since the election of Tsai Ing-Wen in 2016, has
conducted a coordinated campaign to weaken Taiwan
diplomatically, economically, and militarily in a manner that
threatens to erode United States policy and create a fait
accompli on questions surrounding Taiwan's future.
(3) To secure United States interests and preserve the
ability of the people of Taiwan to determine their own future,
it is necessary to reinforce Taiwan's diplomatic, economic, and
territorial space.
(b) Statement of Policy.--It is the policy of the United States
to--
(1) maintain the position that peace and stability in the
Western Pacific are in the political, security, and economic
interests of the United States, and are matters of
international concern; and
(2) work with allies and partners to promote peace and
stability in the Indo-Pacific and deter military acts or other
forms of coercive behavior that would undermine regional
stability.
SEC. 5512. SENSE OF CONGRESS ON TAIWAN DEFENSE RELATIONS.
It is the sense of Congress that--
(1) the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. et
seq.) and the Six Assurances provided by the United States to
Taiwan in July 1982 are the foundation for United States-Taiwan
relations;
(2) as set forth in the Taiwan Relations Act, the United
States decision to establish diplomatic relations with the
People's Republic of China rests upon the expectation that the
future of Taiwan will be determined by peaceful means, and that
any effort to determine the future of Taiwan by other than
peaceful means, including boycotts and embargoes, is of grave
concern to the United States;
(3) the increasingly coercive and aggressive behavior of
the People's Republic of China toward Taiwan is contrary to the
expectation of the peaceful resolution of the future of Taiwan;
(4) as set forth in the Taiwan Relations Act, the capacity
to resist any resort to force or other forms of coercion that
would jeopardize the security, or the social or economic
system, of the people on Taiwan should be maintained;
(5) the United States should continue to support the
development of capable, ready, and modern defense forces
necessary for Taiwan to maintain sufficient defensive
capabilities, including by--
(A) supporting acquisition by Taiwan of defense
articles and services through foreign military sales,
direct commercial sales, and industrial cooperation,
with an emphasis on capabilities that support an
asymmetric strategy;
(B) ensuring timely review of and response to
requests of Taiwan for defense articles and services;
(C) conducting practical training and military
exercises with Taiwan that enable Taiwan to maintain
sufficient defensive capabilities, as described in the
Taiwan Relations Act;
(D) exchanges between defense officials and
officers of the United States and Taiwan at the
strategic, policy, and functional levels, consistent
with the Taiwan Travel Act (Public Law 115-135; 132
Stat. 341), especially for the purposes of--
(i) enhancing cooperation on defense
planning;
(ii) improving the interoperability of the
military forces of the United States and
Taiwan; and
(iii) improving the reserve force of
Taiwan;
(E) cooperating with Taiwan to improve its ability
to employ military capabilities in asymmetric ways, as
described in the Taiwan Relations Act; and
(F) expanding cooperation in humanitarian
assistance and disaster relief; and
(6) the United States should increase its support to a free
and open society in the face of aggressive efforts by the
Government of the People's Republic of China to curtail or
influence the free exercise of rights and democratic franchise.
PART 2--COUNTERING PEOPLE'S REPUBLIC OF CHINA'S COERCION AND INFLUENCE
CAMPAIGNS
SEC. 5513. STRATEGY TO RESPOND TO INFLUENCE AND INFORMATION OPERATIONS
TARGETING TAIWAN.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter for the following 5
years, the Secretary of State, in coordination with the Director of
National Intelligence, shall develop and implement a strategy to
respond to--
(1) covert, coercive, and corrupting activities carried out
to advance the Chinese Communist Party's ``United Front'' work
related to Taiwan, including activities directed, coordinated,
or otherwise supported by the United Front Work Department or
its subordinate or affiliated entities; and
(2) information and disinformation campaigns, cyber
attacks, and nontraditional propaganda measures supported by
the Government of the People's Republic of China and the
Chinese Communist Party that are directed toward persons or
entities in Taiwan.
(b) Elements.--The strategy required under subsection (a) shall
include descriptions of--
(1) the proposed response to propaganda and disinformation
campaigns by the People's Republic of China and cyber-
intrusions targeting Taiwan, including--
(A) assistance in building the capacity of Taiwan's
public and private-sector entities to document and
expose propaganda and disinformation supported by the
Government of the People's Republic of China, the
Chinese Communist Party, or affiliated entities;
(B) assistance to enhance Taiwan's ability to
develop a holistic strategy to respond to sharp power
operations, including election interference; and
(C) media training for Taiwan officials and other
Taiwan entities targeted by disinformation campaigns;
(2) the proposed response to political influence operations
that includes an assessment of the extent of influence exerted
by the Government of the People's Republic of China and the
Chinese Communist Party in Taiwan on local political parties,
financial institutions, media organizations, and other
entities;
(3) support for exchanges and other technical assistance to
strengthen the Taiwan legal system's ability to respond to
sharp power operations; and
(4) programs carried out by the Global Engagement Center to
expose misinformation and disinformation in the Chinese
Communist Party's propaganda.
SEC. 5514. TASK FORCE TO COUNTER ECONOMIC COERCION BY THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the People's Republic of China's (PRC) increasing use
of economic coercion against foreign governments, companies,
organizations, other entities, and individuals requires that
the United States devise a comprehensive, effective, and
multilateral response;
(2) the private sector is a crucial partner in helping the
United States Government respond to the PRC's coercive economic
practices and hold the PRC accountable;
(3) improved engagement and communication with the private
sector, including receiving information from the United States
private sector about the PRC's coercive economic practices
would help the United States Government and private sector
stakeholders conduct early assessments of potential pressure
points and vulnerabilities; and
(4) PRC coercive economic practices create pressures for
the private sector to behave in ways antithetical to United
States national interests and competitiveness.
(b) Establishment of Task Force.--Not later than 180 days after the
date of the enactment of this Act, the President shall establish an
interagency task force to be known as the ``Countering Economic
Coercion Task Force'' (referred to in this section as the ``Task
Force'').
(c) Duties.--
(1) In general.--The Task Force shall--
(A) oversee the development and implementation of
an integrated United States Government strategy to
respond to People's Republic of China (PRC) coercive
economic practices, which shall include--
(i) systematically monitoring and
evaluating--
(I) the costs of such practices on
United States businesses and overall
United States economic performance;
(II) instances in which such
practices taken against a non-PRC
entity has benefitted other parties;
and
(III) the impacts such practices
have had on United States national
interests; and
(ii) facilitating coordination among
Federal departments and agencies when
responding to such practices as well as
proactively deterring such economic coercion,
including by clarifying the roles for Federal
departments and agencies identified in
subsection (d) in implementing the strategy;
and
(iii) forming policy recommendations for
the implementation of relevant United States
authorities to respond to instances of PRC
coercive economic practices;
(B) consult with United States allies and partners
on the feasibility and desirability of collectively
identifying, assessing, and responding to PRC coercive
economic practices, as well as actions that could be
taken to expand coordination with the goal of ensuring
a consistent, coherent, and collective response to such
practices and establishing long-term deterrence of such
practices;
(C) effectively engage the United States private
sector, particularly sectors, groups, or other entities
that are susceptible to such PRC coercive economic
practices, on concerns related to such practices; and
(D) develop and implement a process for regularly
sharing relevant information, including classified
information to the extent appropriate and practicable,
on such PRC coercive economic practices with United
States allies, partners, and the private sector.
(2) Consultation.--In carrying out its duties under this
subsection, the Task Force should regularly consult, to the
extent necessary and appropriate, with the following:
(A) Relevant stakeholders in the private sector.
(B) Federal departments and agencies that are not
represented on the Task Force.
(C) United States allies and partners.
(d) Membership.--The President shall--
(1) appoint the chair of the Task Force from among the
staff of the National Security Council;
(2) appoint the vice chair of the Task Force from among the
staff of the National Economic Council; and
(3) determine the Federal departments and agencies that
will serve on the task force, and direct the head of those
agencies to appoint personnel at the level of Assistant
Secretary or above to participate in the Task Force.
(e) Reports.--
(1) Initial report.--Not later than 1 year after the date
of the enactment of this Act, the Task Force shall submit to
Congress a report that includes the following elements:
(A) A comprehensive review of the array of economic
tools the Government of the People's Republic of China
(PRC) employs or could employ in the future to coerce
other governments and non-PRC companies (including
United States companies) including the Government of
the PRC's continued efforts to codify informal
practices into its domestic law.
(B) The strategy required by subsection (c)(1)(A).
(C) An interagency definition of PRC coercive
economic practices that captures both--
(i) the use of informal or extralegal PRC
coercive economic practices; and
(ii) the inappropriate use of economic
tools, including those authorized under the
laws and regulations of the PRC.
(D) A comprehensive review of the array of tools
the United States Government employs or could employ to
respond to economic coercion against the government,
companies, and other entities of the United States or
its allies and partners.
(E) A list of unilateral or multilateral--
(i) preemptive practices to defend or deter
against PRC coercive economic practices; and
(ii) actions taken in response to the
Government of the PRC's general use of coercive
economic practices, including the imposition of
costs on the PRC.
(F) An assessment of United States allies and
partners key vulnerabilities to PRC coercive economic
practices.
(G) A description of gaps in existing resources or
capabilities for United States Government departments
and agencies to respond effectively to PRC coercive
economic practices directed at United States entities
and assist United States allies and partners in their
responses to PRC coercive economic practices.
(H) An analysis of the circumstances under which
the PRC employs different types of economic coercion
and against what kinds of targets.
(I) An assessment of United States and
international rules and norms as well as any treaty
obligations the PRC has stretched, circumvented, or
broken through its economically coercive practices and
the United States response in each instance.
(2) Interim reports.--
(A) First interim report.--Not later than 1 year
after the date on which the report required by
paragraph (1) is submitted to Congress, the Task Force
shall submit to Congress a report that includes the
following elements:
(i) Updates to information required by
subparagraphs (A) through (G) of paragraph (1).
(ii) A description of activities conducted
by the Task Force to implement the strategy
required by subsection (c)(1)(A).
(iii) An assessment of the implementation
and effectiveness of the strategy, lessons
learned from the past year and planned changes
to the strategy.
(B) Second interim report.--Not later than 1 year
after the date on which the report required by
subparagraph (A) is submitted to Congress, the Task
Force shall submit to the appropriate congressional
committees a report that includes an update to the
elements required under the report required by
subparagraph (A).
(3) Final report.--Not later than 30 days after the date on
which the report required by paragraph (2)(B) is submitted to
Congress, the Task Force shall submit to Congress a final
report that includes the following elements:
(A) An analysis of PRC coercive economic practices
and the cost of such coercive practices to United
States businesses.
(B) A description of areas of possible
vulnerability for United States businesses and
businesses of United States partners and allies.
(C) Recommendations on how to continue the effort
to counter PRC coercive economic practices, including
through further coordination with United States allies
and partners.
(D) Illustrative examples.
(4) Form.--The reports required by this subsection shall be
submitted in classified form, but may include an unclassified
summary.
(f) Sunset.--
(1) In general.--The Task Force shall terminate at the end
of the 60-day period beginning on the date on which the final
report required by subsection (e)(3) is submitted to Congress.
(2) Additional actions.--The Task force may use the 60-day
period referred to in paragraph (1) for the purposes of
concluding its activities, including providing testimony to
Congress concerning the final report required by subsection
(e)(3).
(g) Assistance for Countries and Entities Targeted by the People's
Republic of China for Economic Coercion.--The Secretary of State, the
Administrator of the United States Agency for International
Development, the United States International Development Finance
Corporation, the Secretary of Commerce, and the Secretary of the
Treasury shall provide appropriate assistance to countries and entities
that are subject to coercive economic practices by the People's
Republic of China.
SEC. 5515. CHINA CENSORSHIP MONITOR AND ACTION GROUP.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Appropriations, and the Select Committee
on Intelligence of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, and the Permanent Select Committee
on Intelligence of the House of Representatives.
(2) Qualified research entity.--The term ``qualified
research entity'' means an entity that--
(A) is a nonpartisan research organization or a
Federally funded research and development center;
(B) has appropriate expertise and analytical
capability to write the report required under
subsection (c); and
(C) is free from any financial, commercial, or
other entanglements, which could undermine the
independence of such report or create a conflict of
interest or the appearance of a conflict of interest,
with--
(i) the Government of the People's Republic
of China;
(ii) the Chinese Communist Party;
(iii) any company incorporated in the
People's Republic of China or a subsidiary of
such company; or
(iv) any company or entity incorporated
outside of the People's Republic of China that
is believed to have a substantial financial or
commercial interest in the People's Republic of
China.
(3) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity.
(b) China Censorship Monitor and Action Group.--
(1) In general.--The President shall establish an
interagency task force, which shall be known as the ``China
Censorship Monitor and Action Group'' (referred to in this
subsection as the ``Task Force'').
(2) Membership.--The President shall take the following
actions with respect to the membership of, and participation
in, the Task Force:
(A) Appoint the chair of the Task Force from among
the staff of the National Security Council.
(B) Appoint the vice chair of the Task Force from
among the staff of the National Economic Council.
(C) Determine the Federal departments and agencies
that will serve on the Task Force, and direct the head
of those agencies to appoint personnel at the level of
Assistant Secretary or above to participate in the Task
Force.
(3) Responsibilities.--The Task Force shall--
(A) oversee the development and execution of an
integrated Federal Government strategy to monitor and
address the impacts of efforts directed, or directly
supported, by the Government of the People's Republic
of China to censor or intimidate, in the United States
or in any of its possessions or territories, any United
States person, including United States companies that
conduct business in the People's Republic of China,
which are exercising their right to freedom of speech;
and
(B) submit the strategy developed pursuant to
subparagraph (A) to the appropriate congressional
committees not later than 120 days after the date of
the enactment of this Act.
(4) Meetings.--The Task Force shall meet not less
frequently than twice per year.
(5) Consultations.--The Task Force should regularly
consult, to the extent necessary and appropriate, with--
(A) Federal agencies that are not represented on
the Task Force;
(B) independent agencies of the United States
Government that are not represented on the Task Force;
(C) relevant stakeholders in the private sector and
the media; and
(D) relevant stakeholders among United States
allies and partners facing similar challenges related
to censorship or intimidation by the Government of the
People's Republic of China.
(6) Reporting requirements.--
(A) Annual report.--The Task Force shall submit an
annual report to the appropriate congressional
committees that describes, with respect to the
reporting period--
(i) the strategic objectives and policies
pursued by the Task Force to address the
challenges of censorship and intimidation of
United States persons while in the United
States or any of its possessions or
territories, which is directed or directly
supported by the Government of the People's
Republic of China;
(ii) the activities conducted by the Task
Force in support of the strategic objectives
and policies referred to in clause (i); and
(iii) the results of the activities
referred to in clause (ii) and the impact of
such activities on the national interests of
the United States.
(B) Form of report.--Each report submitted pursuant
to subparagraph (A) shall be unclassified, but may
include a classified annex.
(C) Congressional briefings.--Not later than 90
days after the date of the enactment of this Act, and
annually thereafter, the Task Force shall provide
briefings to the appropriate congressional committees
regarding the activities of the Task Force to execute
the strategy developed pursuant to paragraph (3)(A).
(c) Report on Censorship and Intimidation of United States Persons
by the Government of the People's Republic of China.--
(1) Report.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
State shall select and seek to enter into an agreement
with a qualified research entity that is independent of
the Department of State to write a report on censorship
and intimidation in the United States and its
possessions and territories of United States persons,
including United States companies that conduct business
in the People's Republic of China, which is directed or
directly supported by the Government of the People's
Republic of China.
(B) Matters to be included.--The report required
under subparagraph (A) shall--
(i) assess major trends, patterns, and
methods of the Government of the People's
Republic of China's efforts to direct or
directly support censorship and intimidation of
United States persons, including United States
companies that conduct business in the People's
Republic of China, which are exercising their
right to freedom of speech;
(ii) assess, including through the use of
illustrative examples, as appropriate, the
impact on and consequences for United States
persons, including United States companies that
conduct business in the People's Republic of
China, that criticize--
(I) the Chinese Communist Party;
(II) the Government of the People's
Republic of China;
(III) the authoritarian model of
government of the People's Republic of
China; or
(IV) a particular policy advanced
by the Chinese Communist Party or the
Government of the People's Republic of
China;
(iii) identify the implications for the
United States of the matters described in
clauses (i) and (ii);
(iv) assess the methods and evaluate the
efficacy of the efforts by the Government of
the People's Republic of China to limit freedom
of expression in the private sector, including
media, social media, film, education, travel,
financial services, sports and entertainment,
technology, telecommunication, and internet
infrastructure interests;
(v) include policy recommendations for the
United States Government, including
recommendations regarding collaboration with
United States allies and partners, to address
censorship and intimidation by the Government
of the People's Republic of China; and
(vi) include policy recommendations for
United States persons, including United States
companies that conduct business in China, to
address censorship and intimidation by the
Government of the People's Republic of China.
(C) Applicability to united states allies and
partners.--To the extent practicable, the report
required under subparagraph (A) should identify
implications and policy recommendations that are
relevant to United States allies and partners facing
censorship and intimidation directed or directly
supported by the Government of the People's Republic of
China.
(2) Submission of report.--
(A) In general.--Not later than 1 year after the
date of the enactment of this Act, the Secretary of
State shall submit the report written by the qualified
research entity selected pursuant to paragraph (1)(A)
to the appropriate congressional committees.
(B) Publication.--The report referred to in
subparagraph (A) shall be made accessible to the public
online through relevant United States Government
websites.
(d) Sunset.--This section shall terminate on the date that is 5
years after the date of enactment of this Act.
PART 3--INCLUSION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS
SEC. 5516. FINDINGS.
Congress makes the following findings:
(1) Since 2016, the Gambia, Sao Tome and Principe, Panama,
the Dominican Republic, Burkina Faso, El Salvador, the Solomon
Islands, and Kiribati have severed diplomatic relations with
Taiwan in favor of diplomatic relations with China.
(2) Taiwan was invited to participate in the World Health
Assembly (WHA), the decision-making body of the World Health
Organization (WHO), as an observer annually between 2009 and
2016. Since the 2016 election of President Tsai, the PRC has
increasingly resisted Taiwan's participation in the WHA. Taiwan
was not invited to attend the WHA in 2017, 2018, 2019, 2020, or
2021.
(3) The Taipei Flight Information Region reportedly served
1,750,000 flights and 68,900,000 passengers in 2018, and is
home to Taiwan Taoyuan International Airport, the eleventh
busiest airport in the world. Taiwan has been excluded from
participating at the International Civil Aviation Organization
(ICAO) since 2013.
(4) United Nations (UN) General Assembly Resolution 2758
does not address the issue of representation of Taiwan and its
people at the United Nations, nor does it give the PRC the
right to represent the people of Taiwan.
SEC. 5517. SENSE OF CONGRESS ON TAIWAN'S MEANINGFUL PARTICIPATION IN
THE INTERNATIONAL COMMUNITY.
It is the sense of Congress that--
(1) Taiwan is an important contributor to the global
community, as a model for democracy, and by providing expertise
in global health, international aviation security, emerging
technology development, and high environmental standards;
(2) multiple United States Government administrations of
both political parties have taken important steps to advance
Taiwan's meaningful participation in international
organizations;
(3) existing efforts to enhance United States cooperation
with Taiwan to provide global public goods, including through
development assistance, humanitarian assistance, and disaster
relief, in trilateral and multilateral fora are laudable and
should continue;
(4) nonetheless, significant structural, policy, and legal
barriers remain to advancing Taiwan's meaningful participation
in the international community; and
(5) efforts to share Taiwan's expertise with other parts of
the global community could be further enhanced through a
systematic approach, along with greater attention from Congress
and the American public to such efforts.
SEC. 5518. STRATEGY TO SUPPORT TAIWAN'S MEANINGFUL PARTICIPATION IN
INTERNATIONAL ORGANIZATIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with
other Federal departments and agencies as appropriate, shall submit to
the appropriate congressional committees a strategy--
(1) to advance Taiwan''s meaningful participation in a
prioritized set of international organizations (IOs); and
(2) that responds to growing pressure from the PRC on
foreign governments, IOs, commercial actors, and civil society
organizations to comply with its ``One-China Principle'', with
respect to Taiwan.
(b) Matters to Be Included.--The strategy required under subsection
(a) should include the following elements:
(1) An assessment of the methods the PRC uses to coerce
actors to into adhering to its ``One-China Principle.'' The
methods should include those employed against governments, IOs,
and civil society organizations. The assessment should also
include pressure on commercial actors, to the extent it is
relevant in the context of Taiwan's meaningful participation in
IOs.
(2) An assessment of the policies of foreign governments
toward the PRC and Taiwan, to identify likeminded allies and
partners who might become public or private partners in the
strategy.
(3) A systematic analysis of all IOs, as practicable, to
identify IOs that best lend themselves to advancing Taiwan's
participation.
(4) A plan to expand economic, security, and diplomatic
engagement with nations that have demonstrably strengthened,
enhanced, or upgraded relations with Taiwan, in accordance with
United States interests.
(5) A survey of IOs that have allowed Taiwan's meaningful
participation, including an assessment of whether any erosion
in Taiwan's engagement has occurred within those organizations
and how Taiwan's participation has positively strengthened the
capacity and activity of these organizations, thereby providing
positive models for Taiwan's inclusion in other similar forums.
(6) A list of no more than 20 IOs at which the United
States Government will prioritize for using its voice, vote,
and influence to advance Taiwan's meaningful participation over
the three-year period following the date of enactment of this
Act. The list should be derived from the IOs identified in
paragraph (3).
(7) A description of the diplomatic strategies and the
coalitions the United States Government plans to develop to
implement paragraph (6).
(c) Form of Report.--The strategy required in subsection (a) shall
be classified, but it may include an unclassified summary.
(d) Support for Meaningful Participation.--The Permanent
Representative of the United States to the United Nations and other
relevant United States officials shall actively support Taiwan's
meaningful participation in all appropriate international
organizations.
SEC. 5519. MEANINGFUL PARTICIPATION OF TAIWAN IN THE INTERNATIONAL
CIVIL AVIATION ORGANIZATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the International Civil Aviation Organization (ICAO)
should allow Taiwan to meaningfully participate in the
organization, including in ICAO triennial assembly sessions,
conferences, technical working groups, meetings, activities,
and mechanisms;
(2) Taiwan is a global leader and hub for international
aviation, with a range of expertise, information, and resources
and the fifth busiest airport in Asia (Taoyuan International
Airport), and its meaningful participation in ICAO would
significantly enhance the ability of ICAO to ensure the safety
and security of global aviation; and
(3) coercion by the Chinese Communist Party and the
People's Republic of China has ensured the systematic exclusion
of Taiwan from meaningful participation in ICAO, significantly
undermining the ability of ICAO to ensure the safety and
security of global aviation.
(b) Plan for Taiwan's Meaningful Participation in the International
Civil Aviation Organization.--The Secretary of State, in coordination
with the Secretary of Commerce and the Secretary of Transportation, is
authorized--
(1) to initiate a United States plan to secure Taiwan's
meaningful participation in ICAO, including in ICAO triennial
assembly sessions, conferences, technical working groups,
meetings, activities, and mechanisms; and
(2) to instruct the United States representative to the
ICAO to--
(A) use the voice and vote of the United States to
ensure Taiwan's meaningful participation in ICAO,
including in ICAO triennial assembly sessions,
conferences, technical working groups, meetings,
activities, and mechanisms; and
(B) seek to secure a vote at the next ICAO
triennial assembly session on the question of Taiwan's
participation in that session.
(c) Report Concerning Taiwan's Meaningful Participation in the
International Civil Aviation Organization.--Not later than 90 days
after the date of the enactment of this Act, and not later than April 1
of each year thereafter for the following 6 years, the Secretary of
State, in coordination with the Secretary of Commerce, shall submit to
the Committee on Foreign Relations and the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Foreign
Affairs, the Committee on Transportation and Infrastructure, and the
Committee on Energy and Commerce of the House of Representatives an
unclassified report that--
(1) describes the United States plan to ensure Taiwan's
meaningful participation in ICAO, including in ICAO triennial
assembly sessions, conferences, technical working groups,
meetings, activities, and mechanisms;
(2) includes an account of the efforts made by the
Secretary of State and the Secretary of Commerce to ensure
Taiwan's meaningful participation in ICAO, including in ICAO
triennial assembly sessions, conferences, technical working
groups, meetings, activities, and mechanisms; and
(3) identifies the steps the Secretary of State and the
Secretary of Commerce will take in the next year to ensure
Taiwan's meaningful participation in ICAO, including in ICAO
triennial assembly sessions, conferences, technical working
groups, meetings, activities, and mechanisms.
PART 4--MISCELLANEOUS PROVISIONS
SEC. 5520. REPORT ON TAIWAN TRAVEL ACT.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Armed Services of the House of
Representatives; and
(6) the Committee on Appropriations of the House of
Representatives.
(b) List of High-level Visits.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter for 5 years,
the Secretary of State, in accordance with the Taiwan Travel Act
(Public Law 115-135), shall submit to the appropriate committees of
Congress--
(1) a list of high-level officials from the United States
Government who have traveled to Taiwan on or after the date of
the enactment of the Taiwan Travel Act; and
(2) a list of high-level officials of Taiwan who have
entered the United States on or after such date of enactment.
(c) Annual Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter for 5 years,
the Secretary of State shall submit to the appropriate
committees of Congress a report on the implementation of the
Taiwan Travel Act (Public Law 115-135; 132 Stat. 341),
including a discussion of its positive effects on United States
interests in the region.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 5521. AMENDMENTS TO THE TAIWAN ALLIES INTERNATIONAL PROTECTION AND
ENHANCEMENT INITIATIVE (TAIPEI) ACT OF 2019.
The Taiwan Allies International Protection and Enhancement
Initiative (TAIPEI) Act of 2019 (Public Law 116-135) is amended--
(1) in section 2(5), by striking ``and Kiribati'' and
inserting ``Kiribati, and Nicaragua,'';
(2) in section 4--
(A) in the matter preceding paragraph (1), by
striking ``should be'' and inserting ``is'';
(B) in paragraph (2), by striking ``and'' at the
end;
(C) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(4) to support Taiwan's diplomatic relations with
governments and countries''; and
(3) in section 5--
(A) in subsection (a)--
(i) in paragraph (2), by striking ``and''
at the end;
(ii) in paragraph (3), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(4) identify why governments and countries have altered
their diplomatic status vis-a-vis Taiwan and make
recommendations to mitigate further deterioration in Taiwan's
diplomatic relations with governments and countries.'';
(B) in subsection (b), by striking ``1 year after
the date of the enactment of this Act, and annually
thereafter for five years, the Secretary of State shall
report'' and inserting ``90 days after the date of the
enactment of the Taiwan Enhanced Resilience Act, and
annually thereafter for the following 7 years, the
Secretary of State shall submit an unclassified report,
with a classified annex,'';
(C) by redesignating subsection (c) as subsection
(d); and
(D) by inserting after subsection (b) the
following:
``(c) Briefings.--Not later than 90 days after the date of the
enactment of the Taiwan Enhanced Resilience Act, and annually
thereafter for the following 7 years, the Secretary of State shall
provide briefings to the appropriate congressional committees on the
steps taken in accordance with section (a). The briefings required
under this subsection shall take place in an unclassified setting, but
may be accompanied by an additional classified briefing.''.
SEC. 5522. REPORT ON ROLE OF PEOPLE'S REPUBLIC OF CHINA'S NUCLEAR
THREAT IN ESCALATION DYNAMICS.
(a) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Select Committee on Intelligence of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Armed Services of the House of
Representatives; and
(6) the Permanent Select Committee on Intelligence of the
House of Representatives.
(b) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense and the Director of National Intelligence, shall
submit to the appropriate congressional committees a report assessing
the role of the increasing nuclear threat of the People's Republic of
China in escalation dynamics with respect to Taiwan.
(c) Form.--The report required by subsection (b) shall be submitted
in classified form, but may include an unclassified summary.
SEC. 5523. REPORT ANALYZING THE IMPACT OF RUSSIA'S WAR AGAINST UKRAINE
ON THE OBJECTIVES OF THE PEOPLE'S REPUBLIC OF CHINA WITH
RESPECT TO TAIWAN.
(a) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Select Committee on Intelligence of the Senate;
(5) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(6) the Committee on Commerce, Science, and Transportation
of the Senate;
(7) the Committee on Foreign Affairs of the House of
Representatives;
(8) the Committee on Armed Services of the House of
Representatives;
(9) the Committee on Appropriations of the House of
Representatives;
(10) the Permanent Select Committee on Intelligence of the
House of Representatives;
(11) the Committee on Financial Services of the House of
Representatives; and
(12) the Committee on Energy and Commerce of the House of
Representatives.
(b) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense and the Director of National Intelligence, shall
submit a report to the appropriate congressional committees that
analyzes the impact of Russia's war against Ukraine on the PRC's
diplomatic, military, economic, and propaganda objectives with respect
to Taiwan.
(c) Elements.--The report required by subsection (b) shall
describe--
(1) adaptations or known changes to PRC strategies and
military doctrine that the United States assesses are a direct
result of the Russian invasion of Ukraine or that the United
States assesses represent lessons learned by the People's
Republic of China in light of Russia's invasion of Ukraine,
including changes--
(A) to PRC behavior in international forums;
(B) within the People's Liberation Army, with
respect to the size of forces, the makeup of
leadership, weapons procurement, equipment upkeep, the
doctrine on the use of specific weapons, such as
weapons banned under the international law of armed
conflict, efforts to move weapons supply chains onto
mainland PRC, or any other changes in its military
strategy with respect to Taiwan;
(C) in economic planning, such as sanctions
evasion, efforts to minimize exposure to sanctions, or
moves in support of the protection of currency or other
strategic reserves;
(D) to propaganda, disinformation, and other
information operations originating in the PRC; and
(E) to the PRC's strategy for the use of force
against Taiwan, including any information on preferred
scenarios or operations to secure its objectives in
Taiwan, adjustments based on how the Russian military
has performed in Ukraine, and other relevant matters;
and
(2) United States plans to adapt policies and military
planning in response to the changes referred to in paragraph
(1).
(d) Form.--The report required by subsection (b) shall be submitted
in classified form.
(e) Coordination With Allies and Partners.--The Secretary of State
shall share information contained in the report required by subsection
(b), as appropriate, with appropriate officials of allied and partners,
including Taiwan and other partners in Europe and in the Indo-Pacific.
SEC. 5524. EXPANDING UNITED STATES-TAIWAN DEVELOPMENT COOPERATION.
(a) In General.--No later than 120 days following the date of
enactment of this Act, the Secretary of State, in consultation with the
Administrator of the United States Agency for International Development
(USAID), the United States International Development Finance
Corporation (DFC), and the heads of other relevant Federal departments
and agencies that provide international economic assistance and other
support, shall submit to Congress a report on cooperation with Taiwan
on trilateral and multilateral development initiatives through the
American Institute in Taiwan as appropriate.
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following elements:
(1) A comprehensive review of existing cooperation
mechanisms and initiatives among USAID, DFC, other relevant
Federal agencies that provide international economic assistance
and other support, and relevant departments and agencies in
Taiwan, including Taiwan's International Cooperation and
Development Fund (ICDF).
(2) An assessment of how United States development
cooperation with relevant departments and agencies in Taiwan
compares to comparable cooperation with partners of similar
economic size and foreign assistance capacity to Taiwan.
(3) An analysis of the opportunities and challenges the
cooperation reviewed in paragraph (1) has offered to date. The
analysis shall include--
(A) opportunities that collaboration has offered to
expand the United States Government's ability to
deliver support, assistance, and other international
financial products into a wider range communities;
(B) sectors where USAID, DFC, ICDF, other relevant
Federal agencies that provide international economic
assistance and other support in both Taiwan and the
United States, or the organizations' implementing
partners have a comparative advantage in providing
assistance;
(C) opportunities to transition capacity building
events with relevant departments and agencies in
Taiwan, through the Global Cooperation and Training
Framework as well as other forums, into enduring forms
of development cooperation.
(4) An assessment of any legal, policy, logistical,
financial, or administrative barriers to expanding cooperation
in trilateral or multilateral development. The analysis shall
include--
(A) availability of personnel at the American
Institute in Taiwan responsible for coordinating
development assistance cooperation;
(B) volume of current cooperation initiatives and
barriers to expanding them;
(C) diplomatic, policy, or legal barriers facing
the United States or other partners to including Taiwan
in formal and informal multilateral development
cooperation mechanisms;
(D) resource or capacity barriers to expanding
cooperation facing the United States or Taiwan; and
(E) geopolitical barriers that complicate United
States-Taiwan cooperation in third countries.
(5) Recommendations to address the challenges identified in
paragraph (4).
(6) A description of any additional resources or
authorities that expanding cooperation might require.
(c) Form of Report.--The strategy required under subsection (a)
shall be submitted in unclassified form, but may include a classified
annex.
SEC. 5525. SENSE OF CONGRESS ON EXPANDING UNITED STATES ECONOMIC
RELATIONS WITH TAIWAN.
It is the sense of the Congress that--
(1) expanding United States economic relations with Taiwan
has benefitted the people of both the United States and Taiwan,
as Taiwan is now the United States 10th largest goods trading
partner, 13th largest export market, 13th largest source of
imports, and a key destination for United States agricultural
exports;
(2) further integration would benefit both peoples and is
in the strategic and diplomatic interests of the United States;
and
(3) the United States should explore opportunities to
expand economic agreements between Taiwan and the United
States, through dialogue, and by developing the legal templates
required to support potential future agreements.
PART 5--SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE PROGRAMS WITH
TAIWAN
SEC. 5526. SHORT TITLE.
This part may be cited as the ``Taiwan Fellowship Act''.
SEC. 5527. FINDINGS.
Congress makes the following findings:
(1) The Taiwan Relations Act (Public Law 96-8; 22 U.S.C.
3301 et seq.) affirmed United States policy ``to preserve and
promote extensive, close, and friendly commercial, cultural,
and other relations between the people of the United States and
the people on Taiwan, as well as the people on the China
mainland and all other peoples of the Western Pacific area''.
(2) Consistent with the Asia Reassurance Initiative Act of
2018 (Public Law 115-409), the United States has grown its
strategic partnership with Taiwan's vibrant democracy of
23,000,000 people.
(3) The creation of a United States fellowship program with
Taiwan would support--
(A) a key priority of expanding people-to-people
exchanges, which was outlined in President Donald J.
Trump's 2017 National Security Strategy;
(B) President Joseph R. Biden's commitment to
Taiwan, ``a leading democracy and a critical economic
and security partner'', as expressed in his March 2021
Interim National Security Strategic Guidance; and
(C) April 2021 guidance from the Department of
State based on a review required under the Taiwan
Assurance Act of 2020 (subtitle B of title III of
division FF of Public Law 116-260) to ``encourage U.S.
government engagement with Taiwan that reflects our
deepening unofficial relationship''.
SEC. 5528. PURPOSES.
The purposes of this part are--
(1) to further strengthen the United States-Taiwan
strategic partnership and broaden understanding of the Indo-
Pacific region by temporarily assigning officials of any
agencies of the United States Government to Taiwan for
intensive study in Mandarin and placement as Fellows in a
Taiwanese civic institution;
(2) to provide for eligible United States personnel--
(A) to learn or strengthen Mandarin Chinese
language skills; and
(B) to expand their understanding of the political
economy of Taiwan and the Indo-Pacific region; and
(3) to better position the United States to advance its
economic, security, and human rights interests and values in
the Indo-Pacific region.
SEC. 5529. DEFINITIONS.
In this part:
(1) Agency head.--The term ``agency head'' means, in the
case of the executive branch of United States Government or a
legislative branch agency described in paragraph (2), the head
of the respective agency.
(2) Agency of the united states government.--The term
``agency of the United States Government'' includes the
Government Accountability Office, the Congressional Budget
Office, and the Congressional Research Service of the
legislative branch, as well as any agency of the executive
branch.
(3) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(4) Detailee.--The term ``detailee'' means--
(A) an employee of an agency of the United States
Government on loan to the American Institute in Taiwan,
without a change of position from the agency at which
the employee is employed; and
(B) a legislative branch employee from the
Government Accountability Office, Congressional Budget
Office, or the Congressional Research Service.
(5) Implementing partner.--The term ``implementing
partner'' means any United States organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 that--
(A) performs logistical, administrative, and other
functions, as determined by the Department of State and
the American Institute of Taiwan in support of the
Taiwan Fellowship Program; and
(B) enters into a cooperative agreement with the
American Institute in Taiwan to administer the Taiwan
Fellowship Program.
(6) Program.--The term ``Program'' means the Taiwan
Fellowship Program established pursuant to section 5530.
SEC. 5530. TAIWAN FELLOWSHIP PROGRAM.
(a) Establishment.--The Secretary of State shall establish the
Taiwan Fellowship Program (referred to in this section as the
``Program'') to provide a fellowship opportunity in Taiwan of up to 2
years for eligible United States citizens. The Department of State, in
consultation with the American Institute in Taiwan and the implementing
partner, may modify the name of the Program.
(b) Cooperative Agreement.--
(1) In general.--The American Institute in Taiwan should
use amounts appropriated pursuant to section 5533(a) to enter
into an annual or multi-year cooperative agreement with an
appropriate implementing partner.
(2) Fellowships.--The Department of State or the American
Institute in Taiwan, in consultation with, as appropriate, the
implementing partner, should award to eligible United States
citizens, subject to available funding--
(A) approximately 5 fellowships during the first 2
years of the Program; and
(B) approximately 10 fellowships during each of the
remaining years of the Program.
(c) American Institution in Taiwan Agreement; Implementing
Partner.--Not later than 30 days after the date of the enactment of
this Act, the American Institute in Taiwan, in consultation with the
Department of State, should--
(1) begin negotiations with the Taipei Economic and
Cultural Representative Office, or with another appropriate
entity, for the purpose of entering into an agreement to
facilitate the placement of fellows in an agency of Taiwan; and
(2) begin the process of selecting an implementing partner,
which--
(A) shall agree to meet all of the legal
requirements required to operate in Taiwan; and
(B) shall be composed of staff who demonstrate
significant experience managing exchange programs in
the Indo-Pacific region.
(d) Curriculum.--
(1) First year.--During the first year of each fellowship
under this section, each fellow should study--
(A) the Mandarin Chinese language;
(B) the people, history, and political climate on
Taiwan; and
(C) the issues affecting the relationship between
the United States and the Indo-Pacific region.
(2) Second year.--During the second year of each fellowship
under this section, each fellow, subject to the approval of the
Department of State, the American Institute in Taiwan, and the
implementing partner, and in accordance with the purposes of
this subtitle, should work in--
(A) a parliamentary office, ministry, or other
agency of Taiwan; or
(B) an organization outside the public sector in
Taiwan, whose interests are associated with the
interests of the fellow and the agency of the United
States Government from which the fellow is or had been
employed.
(e) Program Requirements.--
(1) Eligibility requirements.--A United States citizen is
eligible for a fellowship under this section if the citizen--
(A) is an employee of the United States Government;
(B) has received at least one exemplary performance
review in his or her current United States Government
role within at least the last three years prior to
beginning the fellowship;
(C) has at least 2 years of experience in any
branch of the United States Government;
(D) has a demonstrated professional or educational
background in the relationship between the United
States and countries in the Indo-Pacific region; and
(E) has demonstrated his or her commitment to
further service in the United States Government.
(2) Responsibilities of fellows.--Each recipient of a
fellowship under this section shall agree, as a condition of
such fellowship--
(A) to maintain satisfactory progress in language
training and appropriate behavior in Taiwan, consistent
with United States Government policy toward Taiwan, as
determined by the Department of State, the American
Institute in Taiwan and, as appropriate, its
implementing partner;
(B) to refrain from engaging in any intelligence or
intelligence-related activity on behalf of the United
States Government; and
(C) to continue Federal Government employment for a
period of not less than 4 years after the conclusion of
the fellowship or for not less than 2 years for a
fellowship that is 1 year or shorter.
(3) Responsibilities of implementing partner.--
(A) Selection of fellows.--The implementing
partner, with the concurrence of the Department of
State and the American Institute in Taiwan, shall--
(i) make efforts to recruit fellowship
candidates who reflect the diversity of the
United States;
(ii) select fellows for the Taiwan
Fellowship Program based solely on merit, with
appropriate supervision from the Department of
State and the American Institute in Taiwan; and
(iii) prioritize the selection of
candidates willing to serve in a fellowship
lasting 1 year or longer.
(B) First year.--The implementing partner should
provide each fellow in the first year (or shorter
duration, as jointly determined by the Department of
State and the American Institute in Taiwan for those
who are not serving a 2-year fellowship) with--
(i) intensive Mandarin Chinese language
training; and
(ii) courses in the politics, culture, and
history of Taiwan, China, and the broader Indo-
Pacific.
(C) Waiver of first-year training.--The Department
of State, in coordination with the American Institute
in Taiwan and, as appropriate, the implementing
partner, may waive any of the training required under
paragraph (2) to the extent that a fellow has Mandarin
language skills, knowledge of the topic described in
subparagraph (B)(ii), or for other related reasons
approved by the Department of State and the American
Institute in Taiwan. If any of the training
requirements are waived for a fellow serving a 2-year
fellowship, the training portion of his or her
fellowship may be shortened to the extent appropriate.
(D) Office; staffing.--The implementing partner, in
consultation with the Department of State and the
American Institute in Taiwan, may maintain an office
and at least 1 full-time staff member in Taiwan--
(i) to liaise with the American Institute
in Taiwan and institutions of Taiwan; and
(ii) to serve as the primary in-country
point of contact for the recipients of
fellowships under this part and their
dependents.
(E) Other functions.--The implementing partner may
perform other functions in association with support of
the Taiwan Fellowship Program, including logistical and
administrative functions, as prescribed by the
Department of State and the American Institute in
Taiwan.
(4) Noncompliance.--
(A) In general.--Any fellow who fails to comply
with the requirements under this section shall
reimburse the American Institute in Taiwan, or the
appropriate United States Government agency for--
(i) the Federal funds expended for the
fellow's participation in the fellowship, as
set forth in subparagraphs (B) and (C); and
(ii) interest accrued on such funds
(calculated at the prevailing rate).
(B) Full reimbursement.--Any fellow who violates
subparagraph (A) or (B) of paragraph (2) shall
reimburse the American Institute in Taiwan, or the
appropriate United States Government agency, in an
amount equal to the sum of--
(i) all of the Federal funds expended for
the fellow's participation in the fellowship;
and
(ii) interest on the amount specified in
subparagraph (A), which shall be calculated at
the prevailing rate.
(C) Pro rata reimbursement.--Any fellow who
violates subparagraph (C) of paragraph (2) shall
reimburse the American Institute in Taiwan, or the
appropriate United States Government agency, in an
amount equal to the difference between--
(i) the amount specified in subparagraph
(B); and
(ii) the product of--
(I) the amount the fellow received
in compensation during the final year
of the fellowship, including the value
of any allowances and benefits received
by the fellow; multiplied by
(II) the percentage of the period
specified in paragraph (2)(C) during
which the fellow did not remain
employed by the Federal Government.
(f) Flexible Fellowship Duration.--Notwithstanding any requirement
under this section, the Secretary of State, in consultation with the
American Institute in Taiwan and, as appropriate, the implementing
partner, may award fellowships that have a duration of less than 2
years, and may alter the curriculum requirements under subsection (d)
for such purposes.
(g) Sunset.--The fellowship program under this part shall terminate
7 years after the date of the enactment of this Act.
SEC. 5531. REPORTS AND AUDITS.
(a) Annual Report.--Not later than 90 days after the selection of
the first class of fellows under this part, and annually thereafter for
7 years, the Department of State shall offer to brief the appropriate
committees of Congress regarding the following issues:
(1) An assessment of the performance of the implementing
partner in fulfilling the purposes of this part.
(2) The names and sponsoring agencies of the fellows
selected by the implementing partner and the extent to which
such fellows represent the diversity of the United States.
(3) The names of the parliamentary offices, ministries,
other agencies of Taiwan, and nongovernmental institutions to
which each fellow was assigned during the second year of the
fellowship.
(4) Any recommendations, as appropriate, to improve the
implementation of the Taiwan Fellowship Program, including
added flexibilities in the administration of the program.
(5) An assessment of the Taiwan Fellowship Program's value
upon the relationship between the United States and Taiwan or
the United States and Asian countries.
(b) Annual Financial Audit.--
(1) In general.--The financial records of any implementing
partner shall be audited annually in accordance with generally
accepted government auditing standards by independent certified
public accountants or independent licensed public accountants
who are certified or licensed by a regulatory authority of a
State or another political subdivision of the United States.
(2) Location.--Each audit under paragraph (1) shall be
conducted at the place or places where the financial records of
the implementing partner are normally kept.
(3) Access to documents.--The implementing partner shall
make available to the accountants conducting an audit under
paragraph (1)--
(A) all books, financial records, files, other
papers, things, and property belonging to, or in use
by, the implementing partner that are necessary to
facilitate the audit; and
(B) full facilities for verifying transactions with
the balances or securities held by depositories, fiscal
agents, and custodians.
(4) Report.--
(A) In general.--Not later than 270 days after the
end of each fiscal year, the implementing partner shall
provide a report of the audit conducted for such fiscal
year under paragraph (1) to the Department of State and
the American Institute in Taiwan.
(B) Contents.--Each audit report shall--
(i) set forth the scope of the audit;
(ii) include such statements, along with
the auditor's opinion of those statements, as
may be necessary to present fairly the
implementing partner's assets and liabilities,
surplus or deficit, with reasonable detail;
(iii) include a statement of the
implementing partner's income and expenses
during the year; and
(iv) include a schedule of--
(I) all contracts and cooperative
agreements requiring payments greater
than $5,000; and
(II) any payments of compensation,
salaries, or fees at a rate greater
than $5,000 per year.
(C) Copies.--Each audit report shall be produced in
sufficient copies for distribution to the public.
SEC. 5532. TAIWAN FELLOWS ON DETAIL FROM GOVERNMENT SERVICE.
(a) In General.--
(1) Detail authorized.--With the approval of the Secretary
of State, an agency head may detail, for a period of not more
than 2 years, an employee of the agency of the United States
Government who has been awarded a fellowship under this part,
to the American Institute in Taiwan for the purpose of
assignment to Taiwan or an organization described in section
5530(d)(2)(B).
(2) Agreement.--Each detailee shall enter into a written
agreement with the Federal Government before receiving a
fellowship, in which the fellow shall agree--
(A) to continue in the service of the sponsoring
agency at the end of fellowship for a period of at
least 4 years (or at least 2 years if the fellowship
duration is 1 year or shorter) unless the detailee is
involuntarily separated from the service of such
agency; and
(B) to pay to the American Institute in Taiwan, or
the United States Government agency, as appropriate,
any additional expenses incurred by the Federal
Government in connection with the fellowship if the
detailee voluntarily separates from service with the
sponsoring agency before the end of the period for
which the detailee has agreed to continue in the
service of such agency.
(3) Exception.--The payment agreed to under paragraph
(2)(B) may not be required from a detailee who leaves the
service of the sponsoring agency to enter into the service of
another agency of the United States Government unless the head
of the sponsoring agency notifies the detailee before the
effective date of entry into the service of the other agency
that payment will be required under this subsection.
(b) Status as Government Employee.--A detailee--
(1) is deemed, for the purpose of preserving allowances,
privileges, rights, seniority, and other benefits, to be an
employee of the sponsoring agency;
(2) is entitled to pay, allowances, and benefits from funds
available to such agency, which is deemed to comply with
section 5536 of title 5, United States Code; and
(3) may be assigned to a position with an entity described
in section 5530(d)(2)(A) if acceptance of such position does
not involve--
(A) the taking of an oath of allegiance to another
government; or
(B) the acceptance of compensation or other
benefits from any foreign government by such detailee.
(c) Responsibilities of Sponsoring Agency.--
(1) In general.--The Federal agency from which a detailee
is detailed should provide the fellow allowances and benefits
that are consistent with Department of State Standardized
Regulations or other applicable rules and regulations,
including--
(A) a living quarters allowance to cover the cost
of housing in Taiwan;
(B) a cost of living allowance to cover any
possible higher costs of living in Taiwan;
(C) a temporary quarters subsistence allowance for
up to 7 days if the fellow is unable to find housing
immediately upon arriving in Taiwan;
(D) an education allowance to assist parents in
providing the fellow's minor children with educational
services ordinarily provided without charge by public
schools in the United States;
(E) moving expenses to transport personal
belongings of the fellow and his or her family in their
move to Taiwan, which is comparable to the allowance
given for American Institute in Taiwan employees
assigned to Taiwan; and
(F) an economy-class airline ticket to and from
Taiwan for each fellow and the fellow's immediate
family.
(2) Modification of benefits.--The American Institute in
Taiwan and its implementing partner, with the approval of the
Department of State, may modify the benefits set forth in
paragraph (1) if such modification is warranted by fiscal
circumstances.
(d) No Financial Liability.--The American Institute in Taiwan, the
implementing partner, and Taiwan or non-public sector entities in
Taiwan at which a fellow is detailed during the second year of the
fellowship may not be held responsible for the pay, allowances, or any
other benefit normally provided to the detailee.
(e) Reimbursement.--Fellows may be detailed under subsection (a)(1)
without reimbursement to the United States by the American Institute in
Taiwan.
(f) Allowances and Benefits.--Detailees may be paid by the American
Institute in Taiwan for the allowances and benefits listed in
subsection (c).
SEC. 5533. FUNDING.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the American Institute in Taiwan--
(1) for fiscal year 2023, $2,900,000, of which--
(A) $500,000 should be used to launch the Taiwan
Fellowship Program through a competitive cooperative
agreement with an appropriate implementing partner;
(B) $2,300,000 should be used to fund a cooperative
agreement with an appropriate implementing partner; and
(C) $100,000 should be used for management expenses
of the American Institute in Taiwan related to the
management of the Taiwan Fellowship Program; and
(2) for fiscal year 2024, and each succeeding fiscal year,
$2,400,000, of which--
(A) $2,300,000 should be used for a cooperative
agreement to the appropriate implementing partner; and
(B) $100,000 should be used for management expenses
of the American Institute in Taiwan related to the
management of the Taiwan Fellowship Program.
(b) Private Sources.--The implementing partner selected to
implement the Taiwan Fellowship Program may accept, use, and dispose of
gifts or donations of services or property in carrying out such
program, subject to the review and approval of the American Institute
in Taiwan.
SEC. 5534. STUDY AND REPORT.
Not later than 1 year prior to the sunset of the fellowship program
under section 5530(g), the Comptroller General of the United States
shall conduct a study and submit to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the House a
report that includes--
(1) an analysis of the United States Government
participants in this program, including the number of
applicants and the number of fellowships undertaken, the place
of employment, and an assessment of the costs and benefits for
participants and for the United States Government of such
fellowships;
(2) an analysis of the financial impact of the fellowship
on United States Government offices which have provided fellows
to participate in the program; and
(3) recommendations, if any, on how to improve the
fellowship program.
SEC. 5535. SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE PROGRAMS
WITH TAIWAN.
(a) Establishment of the United States-Taiwan Cultural Exchange
Foundation.--The Secretary of State should consider establishing an
independent nonprofit entity that--
(1) is dedicated to deepening ties between the future
leaders of Taiwan and the future leaders of the United States;
and
(2) works with State and local school districts and
educational institutions to send high school and university
students to Taiwan to study the Chinese language, culture,
history, politics, and other relevant subjects.
(b) Partner.--State and local school districts and educational
institutions, including public universities, are encouraged to partner
with the Taipei Economic and Cultural Representative Office in the
United States to establish programs to promote more educational and
cultural exchanges.
PART 6--UNITED STATES-TAIWAN PUBLIC HEALTH PROTECTION
SEC. 5536. SHORT TITLE.
This part may be cited as ``United States-Taiwan Public Health
Protection Act''.
SEC. 5537. DEFINITIONS.
In this part:
(1) Appropriate congressional committees.--For the purposes
of this part, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Foreign Affairs of the House
of Representatives;
(E) the Committee on Energy and Commerce of the
House of Representatives; and
(F) the Committee on Appropriations of the House of
Representatives.
(2) Center.--The term ``Center'' means the Infectious
Disease Monitoring Center described in section 5538(a)(2).
SEC. 5538. STUDY ON AN INFECTIOUS DISEASE MONITORING CENTER.
(a) Study.--Not later than one year after the date of the enactment
of this Act, the Secretary of State and the Secretary of Health and
Human Services, in consultation with the heads of other relevant
Federal departments and agencies, shall submit to appropriate
congressional committees a study that includes the following:
(1) A description of ongoing cooperation between the United
States Government and Taiwan related to public health,
including public health activities supported by the United
States in Taiwan.
(2) A description how the United States and Taiwan can
promote further cooperation and expand public health
activities, including the feasibility and utility of
establishing an Infectious Disease Monitoring Center within the
American Institute of Taiwan in Taipei, Taiwan to--
(A) regularly monitor, analyze, and disseminate
open-source material from countries in the region,
including viral strains, bacterial subtypes, and other
pathogens;
(B) engage in people-to-people contacts with
medical specialists and public health officials in the
region;
(C) provide expertise and information on infectious
diseases to the United States Government and Taiwanese
officials; and
(D) carry out other appropriate activities, as
determined by the Director of the Center.
(b) Elements.--The study required by subsection (a) shall include--
(1) a plan on how such a Center would be established and
operationalized, including--
(A) the personnel, material, and funding
requirements necessary to establish and operate the
Center; and
(B) the proposed structure and composition of
Center personnel, which may include--
(i) infectious disease experts from the
Department of Health and Human Services, who
are recommended to serve as detailees to the
Center; and
(ii) additional qualified persons to serve
as detailees to or employees of the Center,
including--
(I) from any other relevant Federal
department or agencies, to include the
Department of State and the United
States Agency for International
Development;
(II) qualified foreign service
nationals or locally engaged staff who
are considered citizens of Taiwan; and
(III) employees of the Taiwan
Centers for Disease Control;
(2) an evaluation, based on the factors in paragraph (1),
of whether to establish the Center; and
(3) a description of any consultations or agreements
between the American Institute in Taiwan and the Taipei
Economic and Cultural Representative Office in the United
States regarding the establishment and operation of the Center,
including--
(A) the role that employees of the Taiwan Centers
for Disease Control would play in supporting or
coordinating with the Center; and
(B) whether any employees of the Taiwan Centers for
Disease Control would be detailed to, or co-located
with, the Center.
(c) Consultation.--The Secretary of State and the Secretary of
Health and Human Services shall consult with the appropriate
congressional committees before full completion of the study.
PART 7--RULES OF CONSTRUCTION
SEC. 5539. RULE OF CONSTRUCTION.
Nothing in this subtitle may be construed--
(1) to restore diplomatic relations with the Republic of
China; or
(2) to alter the United States Government's position with
respect to the international status of the Republic of China.
SEC. 5540. RULE OF CONSTRUCTION REGARDING THE USE OF MILITARY FORCE.
Nothing in this title may be construed as authorizing the use of
military force or the introduction of United States forces into
hostilities.
Subtitle B--United States-Ecuador Partnership Act of 2022
SEC. 5541. SHORT TITLE.
This subtitle may be cited as the ``United States-Ecuador
Partnership Act of 2022''.
SEC. 5542. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should take additional steps to
strengthen its bilateral partnership with Ecuador, including by
providing for robust trade and investment, increasing law
enforcement cooperation, renewing the activities of the United
States Agency for International Development in Ecuador, and
supporting Ecuador's response to and recovery from the COVID-19
pandemic, as necessary and appropriate; and
(2) strengthening the United States-Ecuador partnership
presents an opportunity to advance core United States national
security interests and work with other democratic partners to
maintain a prosperous, politically stable, and democratic
Western Hemisphere that is resilient to malign foreign
influence.
SEC. 5543. FACILITATING ECONOMIC AND COMMERCIAL TIES.
The Secretary of State, in coordination with the Secretary of
Commerce, the United States Trade Representative, the Secretary of the
Treasury, and the heads of other relevant Federal departments and
agencies, as appropriate, shall develop and implement a strategy to
strengthen commercial and economic ties between the United States and
Ecuador by--
(1) promoting cooperation and information sharing to
encourage awareness of and increase trade and investment
opportunities between the United States and Ecuador;
(2) supporting efforts by the Government of Ecuador to
promote a more open, transparent, and competitive business
environment, including by lowering trade barriers, implementing
policies to reduce trading times, and improving efficiencies to
expedite customs operations for importers and exporters of all
sizes, in all sectors, and at all ports of entry in Ecuador;
(3) establishing frameworks or mechanisms to review the
long term financial sustainability and security implications of
foreign investments in Ecuador in strategic sectors or
services;
(4) establishing competitive and transparent infrastructure
project selection and procurement processes in Ecuador that
promote transparency, open competition, financial
sustainability, and robust adherence to global standards and
norms;
(5) developing programs to help the Government of Ecuador
improve efficiency and transparency in customs administration,
including through support for the Government of Ecuador's
ongoing efforts to digitize its customs process and accept
electronic documents required for the import, export, and
transit of goods under specific international standards, as
well as related training to expedite customs, security,
efficiency, and competitiveness;
(6) spurring digital transformation that would advance--
(A) the provision of digitized government services
with the greatest potential to improve transparency,
lower business costs, and expand citizens' access to
public services and public information; and
(B) best practices to mitigate the risks to digital
infrastructure by doing business with communication
networks and communications supply chains with
equipment and services from companies with close ties
to or susceptible to pressure from governments or
security services without reliable legal checks on
governmental powers; and
(7) identifying, as appropriate, a role for the United
States International Development Finance Corporation, the
Millennium Challenge Corporation, the United States Agency for
International Development, and the United States private sector
in supporting efforts to increase private sector investment and
strengthen economic prosperity.
SEC. 5544. PROMOTING INCLUSIVE ECONOMIC DEVELOPMENT.
The Administrator of the United States Agency for International
Development, in coordination with the Secretary of State and the heads
of other relevant Federal departments and agencies, as appropriate,
shall develop and implement a strategy and related programs to support
inclusive economic development across Ecuador's national territory by--
(1) facilitating increased access to public and private
financing, equity investments, grants, and market analysis for
small and medium-sized businesses;
(2) providing technical assistance to local governments to
formulate and enact local development plans that invest in
Indigenous and Afro-Ecuadorian communities;
(3) connecting rural agricultural networks, including
Indigenous and Afro-Ecuadorian agricultural networks, to
consumers in urban centers and export markets, including
through infrastructure construction and maintenance programs
that are subject to audits and carefully designed to minimize
potential environmental harm;
(4) partnering with local governments, the private sector,
and local civil society organizations, including organizations
representing marginalized communities and faith-based
organizations, to provide skills training and investment in
support of initiatives that provide economically viable, legal
alternatives to participating in illegal economies; and
(5) connecting small scale fishing enterprises to consumers
and export markets, in order to reduce vulnerability to
organized criminal networks.
SEC. 5545. COMBATING ILLICIT ECONOMIES, CORRUPTION, AND NEGATIVE
FOREIGN INFLUENCE.
The Secretary of State, in coordination with the Secretary of the
Treasury, shall develop and implement a strategy and related programs
to increase the capacity of Ecuador's justice system and law
enforcement authorities to combat illicit economies, corruption,
transnational criminal organizations, and the harmful influence of
malign foreign and domestic actors by--
(1) providing technical assistance and material support
(including, as appropriate, radars, vessels, and communications
equipment) to vetted specialized units of Ecuador's national
police and the armed services to disrupt, degrade, and
dismantle organizations involved in illicit narcotics
trafficking, transnational criminal activities, illicit mining,
and illegal, unregulated, and unreported fishing, among other
illicit activities;
(2) providing technical assistance to address challenges
related to Ecuador's penitentiary and corrections system;
(3) strengthening the regulatory framework of mining
through collaboration with key Ecuadorian institutions, such as
the Interior Ministry's Special Commission for the Control of
Illegal Mining and the National Police's Investigative Unit on
Mining Crimes, and providing technical assistance in support of
their law enforcement activities;
(4) providing technical assistance to judges, prosecutors,
and ombudsmen to increase capacity to enforce laws against
human smuggling and trafficking, illicit mining, illegal
logging, illegal, unregulated, and unreported (IUU) fishing,
and other illicit economic activities;
(5) providing support to the Government of Ecuador to
prevent illegal, unreported, and unregulated fishing, including
through expanding detection and response capabilities, and the
use of dark vessel tracing technology;
(6) supporting multilateral efforts to stem illegal,
unreported, and unregulated fishing with neighboring countries
in South America and within the South Pacific Regional
Fisheries Management Organisation;
(7) assisting the Government of Ecuador's efforts to
protect defenders of internationally recognized human rights,
including through the work of the Office of the Ombudsman of
Ecuador, and by encouraging the inclusion of Indigenous and
Afro-Ecuadorian communities and civil society organizations in
this process;
(8) supporting efforts to improve transparency, uphold
accountability, and build capacity within the Office of the
Comptroller General;
(9) enhancing the institutional capacity and technical
capabilities of defense and security institutions of Ecuador to
conduct national or regional security missions, including
through regular bilateral and multilateral cooperation, foreign
military financing, international military education, and
training programs, consistent with applicable Ecuadorian laws
and regulations;
(10) enhancing port management and maritime security
partnerships to disrupt, degrade, and dismantle transnational
criminal networks and facilitate the legitimate flow of people,
goods, and services; and
(11) strengthening cybersecurity cooperation--
(A) to effectively respond to cybersecurity
threats, including state-sponsored threats;
(B) to share best practices to combat such threats;
(C) to help develop and implement information
architectures that respect individual privacy rights
and reduce the risk that data collected through such
systems will be exploited by malign state and non-state
actors;
(D) to strengthen resilience against cyberattacks;
and
(E) to strengthen the resilience of critical
infrastructure.
SEC. 5546. STRENGTHENING DEMOCRATIC GOVERNANCE.
(a) Strengthening Democratic Governance.--The Secretary of State,
in coordination with the Administrator of the United States Agency for
International Development, should develop and implement initiatives to
strengthen democratic governance in Ecuador by supporting--
(1) measures to improve the capacity of national and
subnational government institutions to govern through
transparent, inclusive, and democratic processes;
(2) efforts that measurably enhance the capacity of
political actors and parties to strengthen democratic
institutions and the rule of law;
(3) initiatives to strengthen democratic governance,
including combating political, administrative, and judicial
corruption and improving transparency of the administration of
public budgets; and
(4) the efforts of civil society organizations and
independent media--
(A) to conduct oversight of the Government of
Ecuador and the National Assembly of Ecuador;
(B) to promote initiatives that strengthen
democratic governance, anti-corruption standards, and
public and private sector transparency; and
(C) to foster political engagement between the
Government of Ecuador, including the National Assembly
of Ecuador, and all parts of Ecuadorian society,
including women, indigenous communities, and Afro-
Ecuadorian communities.
(b) Legislative Strengthening.--The Administrator of the United
States Agency for International Development, working through the
Consortium for Elections and Political Process Strengthening or any
equivalent or successor mechanism, shall develop and implement programs
to strengthen the National Assembly of Ecuador by providing training
and technical assistance to--
(1) members and committee offices of the National Assembly
of Ecuador, including the Ethics Committee and Audit Committee;
(2) assist in the creation of entities that can offer
comprehensive and independent research and analysis on
legislative and oversight matters pending before the National
Assembly, including budgetary and economic issues; and
(3) improve democratic governance and government
transparency, including through effective legislation.
(c) Bilateral Legislative Cooperation.--To the degree practicable,
in implementing the programs required under subsection (b), the
Administrator of the United States Agency for International Development
should facilitate meetings and collaboration between members of the
United States Congress and the National Assembly of Ecuador.
SEC. 5547. FOSTERING CONSERVATION AND STEWARDSHIP.
The Administrator of the United States Agency for International
Development, in coordination with the Secretary of State and the heads
of other relevant Federal departments and agencies, shall develop and
implement programs and enhance existing programs, as necessary and
appropriate, to improve ecosystem conservation and enhance the
effective stewardship of Ecuador's natural resources by--
(1) providing technical assistance to Ecuador's Ministry of
the Environment to safeguard national parks and protected
forests and protected species, while promoting the
participation of Indigenous communities in this process;
(2) strengthening the capacity of communities to access the
right to prior consultation, encoded in Article 57 of the
Constitution of Ecuador and related laws, executive decrees,
administrative acts, and ministerial regulations;
(3) supporting Indigenous and Afro-Ecuadorian communities
as they raise awareness of threats to biodiverse ancestral
lands, including through support for local media in such
communities and technical assistance to monitor illicit
activities;
(4) partnering with the Government of Ecuador in support of
reforestation and improving river, lake, and coastal water
quality;
(5) providing assistance to communities affected by illegal
mining and deforestation; and
(6) fostering mechanisms for cooperation on emergency
preparedness and rapid recovery from natural disasters,
including by--
(A) establishing regional preparedness, recovery,
and emergency management centers to facilitate rapid
response to survey and help maintain planning on
regional disaster anticipated needs and possible
resources; and
(B) training disaster recovery officials on latest
techniques and lessons learned from United States
experiences.
SEC. 5548. AUTHORIZATION TO TRANSFER EXCESS COAST GUARD VESSELS.
(a) Sense of Congress.--It is the sense of Congress that the United
States should undertake efforts to expand cooperation with the
Government of Ecuador to--
(1) ensure protections for the Galapagos Marine Reserve;
(2) deter illegal, unreported, and unregulated fishing; and
(3) increase interdiction of narcotics trafficking and
other forms of illicit trafficking.
(b) Authority to Transfer Excess Coast Guard Vessels to the
Government of Ecuador.--The President shall conduct a joint assessment
with the Government of Ecuador to ensure sufficient capacity exists to
maintain Island class cutters. Upon completion of a favorable
assessment, the President is authorized to transfer up to two ISLAND
class cutters to the Government of Ecuador as excess defense articles
pursuant to the authority of section 516 of the Foreign Assistance Act
(22 U.S.C. 2321j).
(c) Grants Not Counted in Annual Total of Transferred Excess
Defense Articles.--The value of a vessel transferred to another country
on a grant basis pursuant to authority provided by subsection (b) shall
not be counted against the aggregate value of excess defense articles
transferred in any fiscal year under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j).
(d) Costs of Transfers.--Any expense incurred by the United States
in connection with a transfer authorized by this section shall be
charged to the recipient notwithstanding section 516(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(e)).
(e) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the President shall require, as a condition
of the transfer of a vessel under this section, that the recipient to
which the vessel is transferred have such repair or refurbishment of
the vessel as is needed, before the vessel joins the naval forces of
that recipient, performed at a shipyard located in the United States.
(f) Expiration of Authority.--The authority to transfer a vessel
under this section shall expire at the end of the 3-year period
beginning on the date of the enactment of this Act.
SEC. 5549. REPORTING REQUIREMENTS.
(a) Secretary of State.--The Secretary of State, in coordination
with the heads of other relevant Federal departments and agencies as
described in sections 5543, 5545, and 5546(a), shall--
(1) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate congressional committees
a comprehensive strategy to address the requirements described
in sections 5543, 5545, and 5546(a); and
(2) not later than 2 years and 4 years after submitting the
comprehensive strategy under paragraph (1), submit to the
appropriate congressional committees a report describing the
implementation of the strategy.
(b) Administrator of the United States Agency for International
Development.--The Administrator of the United States Agency for
International Development, in coordination with the heads of other
relevant Federal departments and agencies as described in sections
5544, 5546(b), and 5547, shall--
(1) not later than 180 days after the date of the enactment
of this Act, submit to appropriate congressional committees a
comprehensive strategy to address the requirements described in
sections 5544, 5546(b) and 5547; and
(2) not later than 2 years and 4 years after submitting the
comprehensive strategy under paragraph (1), submit to the
appropriate congressional committees a report describing the
implementation of the strategy.
(c) Submission.--The strategies and reports required under
subsections (a) and (b) may be submitted to the appropriate
congressional committees as joint strategies and reports.
(d) Appropriate Congressional Committees.--In this subtitle, the
term ``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs
and the Committee on Energy and Commerce of the House of
Representatives.
SEC. 5550. SUNSET.
This subtitle shall terminate on the date that is 5 years after the
date of the enactment of this Act.
Subtitle C--FENTANYL Results Act
SEC. 5551. SHORT TITLE.
This subtitle may be cited as the ``Fighting Emerging Narcotics
Through Additional Nations to Yield Lasting Results Act'' or the
``FENTANYL Results Act''.
SEC. 5552. PRIORITIZATION OF EFFORTS OF THE DEPARTMENT OF STATE TO
COMBAT INTERNATIONAL TRAFFICKING IN COVERED SYNTHETIC
DRUGS.
(a) In General.--The Secretary of State shall prioritize efforts of
the Department of State to combat international trafficking of covered
synthetic drugs by carrying out programs and activities to include the
following:
(1) Supporting increased data collection by the United
States and foreign countries through increased drug use surveys
among populations, increased use of wastewater testing where
appropriate, and multilateral sharing of that data.
(2) Engaging in increased consultation and partnership with
international drug agencies, including the European Monitoring
Centre for Drugs and Drug Addiction, regulatory agencies in
foreign countries, and the United Nations Office on Drugs and
Crime.
(3) Carrying out programs to provide technical assistance
and equipment, as appropriate, to strengthen the capacity of
foreign law enforcement agencies with respect to covered
synthetic drugs, as required by section 5553.
(4) Carrying out exchange programs for governmental and
nongovernmental personnel in the United States and in foreign
countries to provide educational and professional development
on demand reduction matters relating to the illicit use of
covered synthetic drugs and other drugs, as required by section
5554.
(b) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a report on the
implementation of this section.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations, the
Committee on Appropriations, and the Committee on the
Judiciary of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, and the Committee on the Judiciary
of the House of Representatives.
SEC. 5553. PROGRAM TO PROVIDE ASSISTANCE TO BUILD THE CAPACITY OF
FOREIGN LAW ENFORCEMENT AGENCIES WITH RESPECT TO COVERED
SYNTHETIC DRUGS.
(a) In General.--Notwithstanding section 660 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2420), the Secretary of State shall
establish a program to provide assistance to strengthen the capacity of
law enforcement agencies of the countries described in subsection (c)
to help such agencies to identify, track, and improve their forensics
detection capabilities with respect to covered synthetic drugs.
(b) Priority.--The Secretary of State shall prioritize technical
assistance, and the provision of equipment, as appropriate, under
subsection (a) among those countries described in subsection (c) in
which such assistance and equipment would have the most impact in
reducing illicit use of covered synthetic drugs in the United States.
(c) Countries Described.--The foreign countries described in this
subsection are--
(1) countries that are producers of covered synthetic
drugs;
(2) countries whose pharmaceutical and chemical industries
are known to be exploited for development or procurement of
precursors of covered synthetic drugs; or
(3) major drug-transit countries for covered synthetic
drugs as defined by the Secretary of State.
(d) Exception.--No assistance may be provided to the People's
Republic of China or to any of its law enforcement agencies pursuant to
the program authorized by this section.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of State to carry out this section
$4,000,000 for each of fiscal years 2023 through 2027.
SEC. 5554. EXCHANGE PROGRAM ON DEMAND REDUCTION MATTERS RELATING TO
ILLICIT USE OF COVERED SYNTHETIC DRUGS.
(a) In General.--The Secretary of State shall establish or continue
and strengthen, as appropriate, an exchange program for governmental
and nongovernmental personnel in the United States and in foreign
countries to provide educational and professional development on demand
reduction matters relating to the illicit use of covered synthetic
drugs and other drugs.
(b) Program Requirements.--The program required by subsection (a)--
(1) shall be limited to individuals who have expertise and
experience in matters described in subsection (a);
(2) in the case of inbound exchanges, may be carried out as
part of exchange programs and international visitor programs
administered by the Bureau of Educational and Cultural Affairs
of the Department of State, including the International Visitor
Leadership Program, in coordination with the Bureau of
International Narcotics and Law Enforcement Affairs; and
(3) shall include outbound exchanges for governmental or
nongovernmental personnel in the United States.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of State to carry out this section
$1,000,000 for each of fiscal years 2023 through 2027.
SEC. 5555. AMENDMENTS TO INTERNATIONAL NARCOTICS CONTROL PROGRAM.
(a) International Narcotics Control Strategy Report.--Section
489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) is
amended--
(1) by redesignating the second paragraph (10) as paragraph
(11); and
(2) by adding at the end the following:
``(12) Covered synthetic drugs and new psychoactive
substances.--
``(A) Covered synthetic drugs.--Information that
contains an assessment of the countries significantly
involved in the manufacture, production, transshipment,
or trafficking of covered synthetic drugs, to include
the following:
``(i) The scale of legal domestic
production and any available information on the
number of manufacturers and producers of such
drugs in such countries.
``(ii) Information on any law enforcement
assessments of the scale of illegal production
of such drugs, including a description of the
capacity of illegal laboratories to produce
such drugs.
``(iii) The types of inputs used and a
description of the primary methods of synthesis
employed by illegal producers of such drugs.
``(iv) An assessment of the policies of
such countries to regulate licit manufacture
and interdict illicit manufacture, diversion,
distribution, shipment, and trafficking of such
drugs and an assessment of the effectiveness of
the policies' implementation.
``(B) New psychoactive substances.--Information on,
to the extent practicable, any policies of responding
to new psychoactive substances, to include the
following:
``(i) Which governments have articulated
policies on scheduling of such substances.
``(ii) Any data on impacts of such policies
and other responses to such substances.
``(iii) An assessment of any policies the
United States could adopt to improve its
response to new psychoactive substances.
``(C) Definitions.--In this paragraph, the terms
`covered synthetic drug' and `new psychoactive
substance' have the meaning given those terms in
section 5558 of the FENTANYL Results Act.''.
(b) Definition of Major Illicit Drug Producing Country.--Section
481(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)) is
amended--
(1) in paragraph (2)--
(A) in subparagraph (C), by striking ``; or'' and
inserting a semicolon;
(B) in subparagraph (D), by striking the semicolon
at the end and inserting ``; or''; and
(C) by adding at the end the following:
``(E) that is a significant direct source of
covered synthetic drugs or psychotropic drugs or other
controlled substances, including precursor chemicals
when those chemicals are used in the production of such
drugs and substances, significantly affecting the
United States;'';
(2) by amending paragraph (5) to read as follows:
``(5) the term `major drug-transit country' means a country
through which are transported covered synthetic drugs or
psychotropic drugs or other controlled substances significantly
affecting the United States;'';
(3) in paragraph (7), by striking ``; and'' and inserting a
semicolon;
(4) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following:
``(9) the term `covered synthetic drug' has the meaning
given that term in section 5558 of the FENTANYL Results Act.''.
SEC. 5556. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the President should direct the United States
Representative to the United Nations to use the voice, vote,
and influence of the United States at the United Nations to
advocate for more transparent assessments of countries by the
International Narcotics Control Board; and
(2) bilateral, plurilateral, and multilateral international
cooperation is essential to combating the trafficking of
covered synthetic drugs.
SEC. 5557. RULE OF CONSTRUCTION.
Nothing in this subtitle or the amendments made by this subtitle
shall be construed to affect the prioritization of extradition
requests.
SEC. 5558. DEFINITIONS.
In this subtitle:
(1) Controlled substance; controlled substance analogue.--
The terms ``controlled substance'' and ``controlled substance
analogue'' have the meanings given those terms in section 102
of the Controlled Substances Act (21 U.S.C. 802).
(2) Covered synthetic drug.--The term ``covered synthetic
drug'' means--
(A) a synthetic controlled substance or synthetic
controlled substance analogue, including fentanyl or a
fentanyl analogue; or
(B) a new psychoactive substance.
(3) New psychoactive substance.--The term ``new
psychoactive substance'' means a substance of abuse, or any
preparation thereof, that--
(A) is not--
(i) included in any schedule as a
controlled substance under the Controlled
Substances Act (21 U.S.C. 801 et seq.); or
(ii) controlled by the Single Convention on
Narcotic Drugs, done at New York March 30,
1961, or the Convention on Psychotropic
Substances, done at Vienna February 21, 1971;
(B) is new or has reemerged on the illicit market;
and
(C) poses a threat to the public health and safety.
Subtitle D--International Pandemic Preparedness
SEC. 5559. SHORT TITLE.
This subtitle may be cited as the ``Global Health Security and
International Pandemic Prevention, Preparedness and Response Act of
2022''.
SEC. 5560. DEFINITIONS.
In this subtitle:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) The terms ``Global Health Security Agenda'' and
``GHSA'' mean the multi-sectoral initiative launched in 2014,
and renewed in 2018, that brings together countries, regions,
international organizations, nongovernmental organizations, and
the private sector--
(A) to elevate global health security as a
national-level priority;
(B) to share best practices; and
(C) to facilitate national capacity to comply with
and adhere to--
(i) the International Health Regulations
(2005);
(ii) the international standards and
guidelines established by the World
Organisation for Animal Health;
(iii) United Nations Security Council
Resolution 1540 (2004);
(iv) the Convention on the Prohibition of
the Development, Production and Stockpiling of
Bacteriological and Toxin Weapons and on their
Destruction, done at Washington, London, and
Moscow, April 10, 1972 (commonly referred to as
the ``Biological Weapons Convention'');
(v) the Global Health Security Agenda 2024
Framework; and
(vi) other relevant frameworks that
contribute to global health security.
(3) The term ``Global Health Security Index'' means the
comprehensive assessment and benchmarking of health security
and related capabilities across the countries that make up the
States Parties to the International Health Regulations (2005).
(4) The term ``Global Health Security Initiative'' means
the informal network of countries and organizations that came
together in 2001, to undertake concerted global action to
strengthen public health preparedness and response to chemical,
biological, radiological, and nuclear threats, including
pandemic influenza.
(5) The term ``IHR (2005) Monitoring and Evaluation
Framework'' means the framework through which the World Health
Organization and the State Parties to the International Health
Regulations, as amended in 2005, review, measure, and assess
core country public health capacities and ensure mutual
accountability for global health security under the
International Health Regulations (2005), including through the
Joint External Evaluations, simulation exercises, and after-
action reviews.
(6) The term ``Joint External Evaluation'' means the
voluntary, collaborative, multi-sectoral process facilitated by
the World Health Organization--
(A) to assess country capacity to prevent, detect,
and rapidly respond to public health risks occurring
naturally or due to deliberate or accidental events;
(B) to assess progress in achieving the targets
under the International Health Regulations (2005); and
(C) to recommend priority actions.
(7) The term ``key stakeholders'' means actors engaged in
efforts to advance global health security programs and
objectives, including--
(A) national and local governments in partner
countries;
(B) other bilateral donors;
(C) international, regional, and local
organizations, including private, voluntary,
nongovernmental, and civil society organizations,
including faith-based and indigenous organizations;
(D) international, regional, and local financial
institutions;
(E) representatives of historically marginalized
groups, including women, youth, and indigenous peoples;
(F) the private sector, including medical device,
technology, pharmaceutical, manufacturing, logistics,
and other relevant companies; and
(G) public and private research and academic
institutions.
(8) The term ``One Health approach'' means the
collaborative, multi-sectoral, and transdisciplinary approach
toward achieving optimal health outcomes in a manner that
recognizes the interconnection between people, animals, plants,
and their shared environment.
(9) The term ``pandemic preparedness'' refers to the
actions taken to establish and sustain the capacity and
capabilities necessary to rapidly identify, prevent, protect
against, and respond to the emergence, reemergence, and spread
of pathogens of pandemic potential.
(10) The term ``partner country'' means a foreign country
in which the relevant Federal departments and agencies are
implementing United States foreign assistance for global health
security and pandemic prevention, preparedness, and response
under this subtitle.
(11) The term ``relevant Federal departments and agencies''
means any Federal department or agency implementing United
States policies and programs relevant to the advancement of
United States global health security and diplomacy overseas,
which may include--
(A) the Department of State;
(B) the United States Agency for International
Development;
(C) the Department of Health and Human Services;
(D) the Department of Defense;
(E) the Defense Threat Reduction Agency;
(F) the Millennium Challenge Corporation;
(G) the Development Finance Corporation;
(H) the Peace Corps; and
(I) any other department or agency that the
President determines to be relevant for these purposes.
(12) The term ``resilience'' means the ability of people,
households, communities, systems, institutions, countries, and
regions to reduce, mitigate, withstand, adapt to, and quickly
recover from shocks and stresses in a manner that reduces
chronic vulnerability to the emergence, reemergence, and spread
of pathogens of pandemic potential and facilitates inclusive
growth.
(13) The terms ``respond'' and ``response'' mean the
actions taken to counter an infectious disease.
(14) The term ``USAID'' means the United States Agency for
International Development.
SEC. 5561. ENHANCING THE UNITED STATES' INTERNATIONAL RESPONSE TO
PANDEMICS.
(a) Leveraging United States Bilateral Global Health Programs for
International Pandemic Response.--Subject to the notification
requirements under section 634A of the Foreign Assistance Act of 1961
(22 U.S.C. 2394-1), amounts authorized to be appropriated or otherwise
made available to carry out section 104 of the Foreign Assistance Act
(22 U.S.C. 2151b) may be used in countries receiving such United States
foreign assistance for the purpose of--
(1) strengthening vaccine readiness;
(2) reducing vaccine hesitancy;
(3) delivering and administering vaccines;
(4) strengthening health systems and global supply chains
as necessary for global health security and pandemic
preparedness, prevention, and response;
(5) supporting global health workforce planning, training,
and management for pandemic preparedness, prevention, and
response;
(6) enhancing transparency, quality, and reliability of
public health data;
(7) increasing bidirectional testing, including screening
for symptomatic and asymptomatic cases; and
(8) building laboratory capacity.
(b) Roles of the Department of State, USAID, and the Department of
Health and Human Services in International Pandemic Response.--
(1) Finding.--Congress finds that different outbreaks of
infectious disease threats may require flexibility and changes
to the designated roles and responsibilities of relevant
Federal departments and agencies.
(2) Lead agencies for coordination of the united states'
international response to infectious disease outbreaks with
severe or pandemic potential.--The President shall identify the
relevant Federal departments and agencies, including the
Department of State, USAID, and the Department of Health and
Human Services (including the Centers for Disease Control and
Prevention), leading specific aspects of the United States
international operational response to outbreaks of emerging
high-consequence infectious disease threats in accordance with
federal law.
(3) Notification.--Not later than 120 days after the date
of the enactment of this Act, and regularly thereafter as
appropriate, the President shall notify the appropriate
congressional committees, the Committee on Health, Education,
Labor, and Pensions of the Senate, and the Committee on Energy
and Commerce of the House of Representatives of the roles and
responsibilities of each relevant Federal department and agency
with respect to the international operational response to the
outbreak of an emerging high-consequence infectious disease
threat.
(c) USAID Disaster Surge Capacity.--
(1) Disaster surge capacity.--The Administrator of the
USAID is authorized to expend funds made available to carry out
part I and chapter 4 of part II of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151 and 2346), including funds made
available for ``Assistance for Europe, Eurasia and Central
Asia'', in addition to amounts otherwise made available for
such purposes, for the cost (including support costs) of
individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs to address global
health emergencies and natural or manmade disasters.
(2) Notification.--Not later than 15 days before making
funds available to address manmade disasters pursuant to
paragraph (1), the Secretary of State or the Administrator of
the USAID shall notify the appropriate congressional committees
of such intended action.
SEC. 5562. INTERNATIONAL PANDEMIC PREVENTION AND PREPAREDNESS.
(a) United States International Activities To Advance Global Health
Security and Diplomacy Strategy and Report.--
(1) In general.--The President shall develop, update,
maintain, and advance a comprehensive strategy for improving
United States global health security and diplomacy for pandemic
prevention, preparedness, and response which, consistent with
the purposes of this subtitle, shall--
(A) clearly articulate United States policy goals
related to pandemic prevention, preparedness, and
response, including through actions to strengthen
diplomatic leadership and the effectiveness of United
States foreign policy and international preparedness
assistance for global health security through
advancement of a One Health approach, the Global Health
Security Agenda, the International Health Regulations
(2005), and other relevant frameworks that contribute
to pandemic prevention and preparedness;
(B) establish specific and measurable goals,
benchmarks, timetables, performance metrics, and
monitoring and evaluation plans for United States
foreign policy and assistance for global health
security that promote learning and adaptation and
reflect international best practices relating to global
health security, transparency, and accountability;
(C) establish transparent mechanisms to improve
coordination and avoid duplication of effort between
and among the relevant Federal departments and
agencies, partner countries, donor countries, the
private sector, multilateral organizations, and other
key stakeholders;
(D) prioritize working with partner countries
with--
(i) demonstrated need, as identified
through the Joint External Evaluation process,
the Global Health Security Index classification
of health systems, national action plans for
health security, Global Health Security Agenda,
other risk-based assessments, and complementary
or successor indicators of global health
security and pandemic preparedness; and
(ii) demonstrated commitment to
transparency, including budget and global
health data transparency, complying with the
International Health Regulations (2005),
investing in domestic health systems, and
achieving measurable results;
(E) reduce long-term reliance upon United States
foreign assistance for global health security by--
(i) ensuring that United States global
health assistance authorized under this
subtitle is strategically planned and
coordinated in a manner that delivers immediate
impact and contributes to enduring results,
including through efforts to enhance community
capacity and resilience to infectious disease
threats and emergencies; and
(ii) ensuring partner country ownership of
global health security strategies, data,
programs, and outcomes and improved domestic
resource mobilization, co-financing, and
appropriate national budget allocations for
global health security and pandemic prevention,
preparedness, and response;
(F) assist partner countries in building the
technical capacity of relevant ministries, systems, and
networks to prepare, execute, monitor, and evaluate
national action plans for global health security and
pandemic prevention, preparedness, and response that
are developed with input from key stakeholders,
including mechanism to enhance budget and global health
data transparency, as necessary and appropriate;
(G) support and align United States foreign
assistance authorized under this subtitle with such
national action plans for health security and pandemic
prevention, preparedness, and response, as appropriate;
(H) facilitate communication and collaboration, as
appropriate, among local stakeholders in support of
country-led strategies and initiatives to better
identify and prevent health impacts related to the
emergence, reemergence, and spread of zoonoses;
(I) support the long-term success of programs by
building the pandemic preparedness capacity of local
organizations and institutions in target countries and
communities;
(J) develop community resilience to infectious
disease threats and emergencies;
(K) support global health budget and workforce
planning in partner countries, consistent with the
purposes of this subtitle, including training in
financial management and budget and global health data
transparency;
(L) strengthen linkages between complementary
bilateral and multilateral foreign assistance programs,
including efforts of the World Bank, the World Health
Organization, the Global Fund to Fight AIDS,
Tuberculosis, and Malaria, and Gavi, the Vaccine
Alliance, that contribute to the development of more
resilient health systems and global supply chains for
global health security and pandemic prevention,
preparedness, and response in partner countries with
the capacity, resources, and personnel required to
prevent, detect, and respond to infectious disease
threats; and
(M) support innovation and partnerships with the
private sector, health organizations, civil society,
nongovernmental, faith-based and indigenous
organizations, and health research and academic
institutions to improve pandemic prevention,
preparedness, and response, including for the
development and deployment of effective and accessible
infectious disease tracking tools, diagnostics,
therapeutics, and vaccines.
(2) Submission of strategy.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the President, in
consultation with the heads of the relevant Federal
departments and agencies, shall submit the strategy
required under paragraph (1) to--
(i) the appropriate congressional
committees;
(ii) the Committee on Health, Education,
Labor, and Pensions of the Senate; and
(iii) the Committee on Energy and Commerce
of the House of Representatives.
(B) Agency-specific plans.--The strategy required
under paragraph (1) shall include specific
implementation plans from each relevant Federal
department and agency that describe--
(i) the anticipated contributions of the
Federal department or agency, including
technical, financial, and in-kind
contributions, to implement the strategy; and
(ii) the efforts of the Federal department
or agency to ensure that the activities and
programs carried out pursuant to the strategy
are designed to achieve maximum impact and
long-term sustainability.
(3) Annual report.--
(A) In general.--Not later than 1 year after the
submission of the strategy pursuant to paragraph
(2)(A), and not later than October 1 of each year
thereafter, the President shall submit to the
committees listed in such paragraph a report that
describes the status of the implementation of such
strategy.
(B) Contents.--Each report submitted pursuant to
subparagraph (A) shall--
(i) identify any substantial changes made
to the strategy during the preceding calendar
year;
(ii) describe the progress made in
implementing the strategy, including specific
information related to the progress toward
improving countries' ability to detect,
prevent, and respond to infectious disease
threats;
(iii) identify--
(I) the indicators used to
establish benchmarks and measure
results over time; and
(II) the mechanisms for reporting
such results in an open and transparent
manner;
(iv) contain a transparent, open, and
detailed accounting of obligations by relevant
Federal departments and agencies to implement
the strategy, including, to the extent
practicable, for each such Federal department
and agency, the statutory source of obligated
funds, the amounts obligated, implementing
partners and sub-partners, targeted
beneficiaries, and activities supported;
(v) the efforts of the relevant Federal
department or agency to ensure that the
activities and programs carried out pursuant to
the strategy are designed to achieve maximum
impact and enduring results, including through
specific activities to strengthen health
systems for global health security and pandemic
prevention, preparedness, and response, as
appropriate;
(vi) assess efforts to coordinate United
States global health security programs,
activities, and initiatives with key
stakeholders;
(vii) incorporate a plan for regularly
reviewing and updating strategies,
partnerships, and programs and sharing lessons
learned with a wide range of stakeholders in an
open, transparent manner; and
(viii) describe the progress achieved and
challenges concerning the United States
Government's ability to advance the Global
Health Security Agenda and pandemic
preparedness, including data disaggregated by
priority country using indicators that are
consistent on a year-to-year basis and
recommendations to resolve, mitigate, or
otherwise address the challenges identified
through such indicators.
(C) Form.--The strategy and reports required under
this subsection shall be submitted in unclassified
form, but may contain a classified annex.
(b) United States Coordinator for Global Health Security.--The
President shall designate an appropriate senior official to be the
United States Coordinator for Global Health Security, who shall be
responsible for the coordination of the Global Health Security Agenda
Interagency Review Council and who should--
(1) have significant background and expertise in public
health, health security, and emergency response management;
(2) coordinate, through a whole-of-government approach, the
efforts of relevant Federal departments and agencies to
implement the strategy under subsection (a); and
(3) seek to fully use the unique capabilities of each
relevant Federal department and agency and ensure effective and
appropriate United States representation at relevant
international forums, while collaborating with and leveraging
the contributions of other key stakeholders.
(c) Ambassador-At-Large for Global Health Security and Diplomacy.--
(1) Establishment.--There is established, within the
Department of State, the position of Ambassador-At-Large for
Global Health Security and Diplomacy (referred to in this
section as the ``Ambassador-At-Large'').
(2) Appointment; qualifications.--The Ambassador-At-Large--
(A) shall be appointed by the President, by and
with the advice and consent of the Senate;
(B) shall report to the Secretary of State; and
(C) shall have--
(i) demonstrated knowledge and experience
in the field of health security, development,
public health, epidemiology, or medicine; and
(ii) relevant diplomatic, policy, and
political expertise.
(3) Authorities.--The Ambassador-At-Large may--
(A) operate internationally to carry out the
purposes of this section;
(B) ensure effective coordination, management, and
oversight of United States foreign policy, diplomatic
efforts, and foreign assistance funded with amounts
authorized to be appropriated pursuant to section
5564(a) that are used by the Department of State to
advance the relevant elements of the United States
global health security and diplomacy strategy developed
pursuant to subsection (a) by--
(i) developing and updating, as
appropriate, in collaboration with the
Administrator of the USAID and the Secretary of
Health and Human Services, related policy
guidance and unified auditing, monitoring, and
evaluation plans;
(ii) avoiding duplication of effort and
collaborating with other relevant Federal
departments and agencies;
(iii) leading, in collaboration with the
Secretary of Health and Human Services, the
Administrator of the USAID, and other relevant
Federal departments and agencies, diplomatic
efforts to identify and address current and
emerging threats to global health security;
(iv) working to enhance coordination with,
and transparency among, the governments of
partner countries and key stakeholders,
including the private sector;
(v) promoting greater donor and national
investment in partner countries to build health
systems and supply chains for global health
security and pandemic prevention and
preparedness;
(vi) securing bilateral and multilateral
financing commitments to advance the Global
Health Security Agenda, in coordination with
relevant Federal departments and agencies,
including through funding for the Financial
Intermediary Fund for Pandemic Prevention,
Preparedness, and Response; and
(vii) providing regular updates to the
appropriate congressional committees, the
Committee on Health, Education, Labor, and
Pensions of the Senate, and the Committee on
Energy and Commerce of the House of
Representatives regarding the fulfillment of
the activities described in this paragraph;
(C) ensure, in collaboration with the Secretary of
the Treasury, the Secretary of Health and Human
Services, and the Administrator of the USAID, effective
representation of the United States in the Financial
Intermediary Fund for Pandemic Prevention,
Preparedness, and Response;
(D) use detailees, on a reimbursable or
nonreimbursable basis, from relevant Federal
departments and agencies and hire personal service
contractors, who may operate domestically and
internationally, to ensure that the Ambassador-At-Large
has access to the highest quality experts available to
the United States Government to carry out the functions
under this subtitle; and
(E) perform such other functions as the Secretary
of State may assign.
(d) Strengthening Health Systems for Global Health Security and
Pandemic Prevention and Preparedness.--
(1) Statement of policy.--It is the policy of the United
States to ensure that bilateral global health assistance
programs are effectively managed and coordinated, as necessary
and appropriate to achieve the purposes of this subtitle, to
contribute to the strengthening of health systems for global
health security and pandemic prevention, preparedness, and
response in each country in which such programs are carried
out.
(2) Coordination.--The Administrator of the USAID shall
work with the Global Malaria Coordinator, the Coordinator of
United States Government Activities to Combat HIV/AIDS
Globally, the Ambassador-at-Large for Global Health Security
and Diplomacy at the Department of State, and the Secretary of
Health and Human Services, to identify areas of collaboration
and coordination in countries with global health programs and
activities undertaken by the USAID pursuant to the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (Public Law 108-25) and other relevant provisions
of law, to ensure that such activities contribute to the
strengthening of health systems for global health security and
pandemic prevention and preparedness.
(e) Coordination for International Pandemic Early Warning
Network.--
(1) Sense of congress.--It is the sense of Congress that
the Secretary of Health and Human Services, in coordination
with the Secretary of State, the USAID Administrator, the
Director of the Centers for Disease Control and Prevention, and
the heads of the other relevant Federal departments and
agencies, should work with the World Health Organization and
other key stakeholders to establish or strengthen effective
early warning systems, at the partner country, regional, and
international levels, that utilize innovative information and
analytical tools and robust review processes to track,
document, analyze, and forecast infectious disease threats with
epidemic and pandemic potential.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for the
following 4 years, the Secretary of Health and Human Services,
in coordination with the Secretary of State and the heads of
the other relevant Federal departments and agencies, shall
submit a report to the appropriate congressional committees,
the Committee on Health, Education, Labor, and Pensions of the
Senate, and the Committee on Energy and Commerce of the House
of Representatives that describes United States Government
efforts and opportunities to establish or strengthen effective
early warning systems to detect infectious disease threats
internationally.
(f) International Emergency Operations.--
(1) Sense of congress.--It is the sense of Congress that it
is essential to enhance the capacity of key stakeholders to
effectively operationalize early warning and execute multi-
sectoral emergency operations during an infectious disease
outbreak, particularly in countries and areas that deliberately
withhold critical global health data and delay access during an
infectious disease outbreak, in advance of the next infectious
disease outbreak with pandemic potential.
(2) Public health emergencies of international concern.--
The Secretary of Health and Human Services, in coordination
with the Secretary of State, should work with the World Health
Organization and like-minded member states to adopt an approach
toward assessing infectious disease threats under the
International Health Regulations (2005) for the World Health
Organization to identify and transparently communicate, on an
ongoing basis, varying levels of risk leading up to a
declaration by the Director General of the World Health
Organization of a Public Health Emergency of International
Concern for the duration and in the aftermath of such
declaration.
(3) Emergency operations.--The Secretary of Health and
Human Services, in coordination with the Secretary of State,
the Administrator of the USAID, the Director of the Centers for
Disease Control and Prevention, and the heads of other relevant
Federal departments and agencies and consistent with the
requirements under the International Health Regulations (2005)
and the objectives of the World Health Organization's Health
Emergencies Programme, the Global Health Security Agenda, and
national actions plans for health security, should work, in
cooperation with the World Health Organization, with partner
countries, and other key stakeholders, to support the
establishment, strengthening, and rapid response capacity of
global health emergency operations centers, at the partner
country and international levels, including efforts--
(A) to collect and share de-identified public
health data, assess risk, and operationalize early
warning;
(B) to secure, including through utilization of
stand-by arrangements and emergency funding mechanisms,
the staff, systems, and resources necessary to execute
cross-sectoral emergency operations during the 48-hour
period immediately following an infectious disease
outbreak with pandemic potential; and
(C) to organize and conduct emergency simulations.
SEC. 5563. FINANCIAL INTERMEDIARY FUND FOR PANDEMIC PREVENTION,
PREPAREDNESS, AND RESPONSE.
(a) In General.--
(1) Finding.--Congress finds that the Financial
Intermediary Fund for Pandemic Prevention, Preparedness, and
Response (referred to in this section as the ``Fund'') was
established in September 2022 by donor countries, relevant
United Nations agencies, including the World Health
Organization, and other key multilateral stakeholders as a
multilateral, catalytic financing mechanism for pandemic
prevention and preparedness.
(2) Objectives.--The objectives of the Fund are--
(A) closing critical gaps in pandemic prevention
and preparedness; and
(B) working with, and building the capacity of,
eligible partner countries in the areas of global
health security, infectious disease control, and
pandemic prevention and preparedness in order to--
(i) prioritize capacity building and
financing availability in eligible partner
countries;
(ii) incentivize countries to prioritize
the use of domestic resources for global health
security and pandemic prevention and
preparedness;
(iii) leverage governmental,
nongovernmental, and private sector
investments;
(iv) regularly respond to and evaluate
progress based on clear metrics and benchmarks,
such as those developed through the IHR (2005)
Monitoring and Evaluation Framework and the
Global Health Security Index;
(v) align with and complement ongoing
bilateral and multilateral efforts and
financing, including through the World Bank,
the World Health Organization, the Global Fund
to Fight AIDS, Tuberculosis, and Malaria, the
Coalition for Epidemic Preparedness and
Innovation, and Gavi, the Vaccine Alliance; and
(vi) help countries accelerate and achieve
compliance with the International Health
Regulations (2005) and fulfill the Global
Health Security Agenda 2024 Framework not later
than 8 years after the date on which the Fund
is established, in coordination with the
ongoing Joint External Evaluation national
action planning process.
(3) Governing board.--
(A) In general.--The Fund should be governed by a
transparent, representative, and accountable body
(referred to in this section as the ``Governing
Board''), which should--
(i) function as a partnership with, and
through full engagement by, donor governments,
eligible partner countries, and independent
civil society; and
(ii) be composed of not more than 25
representatives of governments, foundations,
academic institutions, independent civil
society, indigenous people, vulnerable
communities, frontline health workers, and the
private sector with demonstrated commitment to
carrying out the purposes of the Fund and
upholding transparency and accountability
requirements.
(B) Duties.--The Governing Board should--
(i) be charged with approving strategies,
operations, and grant making authorities such
that it is able to conduct effective fiduciary,
monitoring, and evaluation efforts, and other
oversight functions;
(ii) determine operational procedures to
enable the Fund to effectively fulfill its
mission;
(iii) provide oversight and accountability
for the Fund in collaboration with a qualified
and independent Inspector General;
(iv) develop and utilize a mechanism to
obtain formal input from eligible partner
countries, independent civil society, and
implementing entities relative to program
design, review, and implementation and
associated lessons learned; and
(v) coordinate and align with other
multilateral financing and technical assistance
activities, and with the activities of the
United States and other nations leading
pandemic prevention, preparedness, and response
activities in partner countries, as
appropriate.
(C) Composition.--The Governing Board should
include--
(i) representatives of the governments of
founding member countries who, in addition to
meeting the requirements under subparagraph
(A), qualify based upon--
(I) meeting an established initial
contribution threshold, which should be
not less than 10 percent of the
country's total initial contributions;
and
(II) demonstrating a commitment to
supporting the International Health
Regulations (2005);
(ii) a geographically diverse group of
members from donor countries, academic
institutions, independent civil society,
including faith-based and indigenous
organizations, and the private sector who are
selected on the basis of their experience and
commitment to innovation, best practices, and
the advancement of global health security
objectives; and
(iii) representatives of the World Health
Organization, to serve in an observer status.
(D) Contributions.--Each government or private
sector foundation or for-profit entity represented on
the Governing Board should agree to make annual
contributions to the Fund in an amount that is not less
than the minimum amount determined by the Governing
Board.
(E) Qualifications.--Individuals appointed to the
Governing Board should have demonstrated knowledge and
experience across a variety of sectors, including human
and animal health, agriculture, development, defense,
finance, research, and academia.
(F) Conflicts of interest.--All Governing Board
members should be required to recuse themselves from
matters presenting conflicts of interest, including
financing decisions relating to such countries, bodies,
and institutions.
(G) Removal procedures.--The Fund should establish
procedures for the removal of members of the Governing
Board who--
(i) engage in a consistent pattern of human
rights abuses;
(ii) fail to uphold global health data
transparency requirements; or
(iii) otherwise violate the established
standards of the Fund, including in relation to
corruption.
(b) Authority for United States Participation.--
(1) Founding member.--The United States is authorized to
participate in the Fund and shall be represented on the
Governing Board by an officer or employee of the United States
Government who has been appointed by the President (referred in
this section as the ``FIF Representative'').
(2) Effective date; termination date.--
(A) Effective date.--This subsection shall take
effect on the date on which the Secretary of State
submits to Congress a certified copy of the agreement
establishing the Fund.
(B) Termination date.--The membership authorized
under paragraph (1) shall terminate on the date on
which the Fund is terminated.
(3) Enforceability.--Any agreement concluded under the
authorities provided under this subsection shall be legally
effective and binding upon the United States, in accordance
with the terms of the agreement--
(A) upon the enactment of appropriate implementing
legislation that provides for the approval of the
specific agreement or agreements, including
attachments, annexes, and supporting documentation, as
appropriate; or
(B) if concluded and submitted as a treaty, upon
the approval by the Senate of the resolution of
ratification of such treaty.
(c) Implementation of Program Objectives.--In carrying out the
objectives described in subsection (a)(2), the Fund should work to
eliminate duplication and waste by upholding strict transparency and
accountability standards and coordinating its programs and activities
with key partners working to advance pandemic prevention and
preparedness.
(d) Priority Countries.--In providing assistance under this
section, the Fund should give priority to low- and lower middle-income
countries with--
(1) low scores on the Global Health Security Index
classification of health systems;
(2) measurable gaps in global health security and pandemic
prevention and preparedness identified under the IHR (2005)
Monitoring and Evaluation Framework and national action plans
for health security;
(3) demonstrated political and financial commitment to
pandemic prevention and preparedness; and
(4) demonstrated commitment to--
(A) upholding global health budget and data
transparency and accountability standards;
(B) complying with the International Health
Regulations (2005);
(C) investing in domestic health systems; and
(D) achieving measurable results.
(e) Accountability; Conflicts of Interest; Criteria for Programs.--
The FIF Representative shall--
(1) take such actions as may be necessary to ensure that
the Fund will have in effect adequate procedures and standards
to account for and monitor the use of funds contributed to the
Fund, including the cost of administering the Fund, by--
(A) engaging Fund stakeholders; and
(B) actively promoting transparency and
accountability of Fund governance and operations;
(2) seek to ensure there is agreement to put in place a
conflict of interest policy to ensure fairness and a high
standard of ethical conduct in the Fund's decision-making
processes, including proactive procedures to screen staff for
conflicts of interest and measures to address any conflicts,
such as--
(A) potential divestments of interests;
(B) prohibition from engaging in certain
activities;
(C) recusal from certain decision-making and
administrative processes; and
(D) representation by an alternate board member;
and
(3) seek agreement on the criteria that should be used to
determine the programs and activities that should be assisted
by the Fund.
(f) Selection of Partner Countries, Projects, and Recipients.--The
Governing Board should establish--
(1) eligible partner country selection criteria, including
transparent metrics to measure and assess global health
security and pandemic prevention and preparedness strengths and
vulnerabilities in countries seeking assistance;
(2) minimum standards for ensuring eligible partner country
ownership and commitment to long-term results, including
requirements for domestic budgeting, resource mobilization, and
co-investment;
(3) criteria for the selection of projects to receive
support from the Fund;
(4) standards and criteria regarding qualifications of
recipients of such support; and
(5) such rules and procedures as may be necessary--
(A) for cost-effective management of the Fund; and
(B) to ensure transparency and accountability in
the grant-making process.
(g) Additional Transparency and Accountability Requirements.--
(1) Inspector general.--The FIF Representative shall seek
to ensure that the Fund maintains an independent Office of the
Inspector General that--
(A) is fully enabled to operate independently and
transparently;
(B) is supported by and with the requisite
resources and capacity to regularly conduct and
publish, on a publicly accessible website, rigorous
financial, programmatic, and reporting audits and
investigations of the Fund and its grantees, including
subgrantees; and
(C) establishes an investigative unit that--
(i) develops an oversight mechanism to
ensure that grant funds are not diverted to
illicit or corrupt purposes or activities; and
(ii) submits an annual report to the
Governing Board describing its activities,
investigations, and results.
(2) Sense of congress on corruption.--It is the sense of
Congress that--
(A) corruption within global health programs
contribute directly to the loss of human life and
cannot be tolerated; and
(B) in making financial recoveries relating to a
corrupt act or criminal conduct committed by a grant
recipient, as determined by the Inspector General
described in paragraph (1), the responsible grant
recipient should be assessed at a recovery rate of up
to 150 percent of such loss.
(3) Administrative expenses; financial tracking systems.--
The FIF Representative shall seek to ensure that the Fund
establishes, maintains, and makes publicly available a system
to track--
(A) the administrative and management costs of the
Fund on a quarterly basis; and
(B) the amount of funds disbursed to each grant
recipient and subrecipient during each grant's fiscal
cycle.
(4) Exemption from duties and taxes.--The FIF
Representative should seek to ensure that the Fund adopts rules
that condition grants upon agreement by the relevant national
authorities in an eligible partner country to exempt from
duties and taxes all products financed by such grants,
including procurements by any principal or subrecipient for the
purpose of carrying out such grants.
(h) Reports to Congress.--
(1) Annual report.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, and annually
thereafter for the duration of the Fund, the Secretary
of State, in collaboration with the Administrator of
the USAID and the heads of other relevant Federal
departments and agencies, shall submit a report on the
activities of the Fund to the appropriate congressional
committees.
(B) Report elements.--Each report required under
subparagraph (A) shall describe--
(i) the goals of the Fund;
(ii) the programs, projects, and activities
supported by the Fund;
(iii) private and governmental
contributions to the Fund; and
(iv) the criteria utilized to determine the
programs and activities that should be assisted
by the Fund, including baselines, targets,
desired outcomes, measurable goals, and extent
to which those goals are being achieved.
(2) GAO report on effectiveness.--Not later than 2 years
after the date on which the Fund is established, the
Comptroller General of the United States shall submit a report
to the appropriate congressional committees that evaluates the
effectiveness of the Fund, including--
(A) the effectiveness of the programs, projects,
and activities supported by the Fund; and
(B) an assessment of the merits of continued United
States participation in the Fund.
(i) United States Contributions.--
(1) In general.--Subject to paragraph (4)(C), the President
may provide contributions to the Fund.
(2) Notification.--The Secretary of State, the
Administrator of the USAID, or the head of any other relevant
Federal department or agency shall submit a notification to the
appropriate congressional committees not later than 15 days
before making a contribution to the Fund that identifies--
(A) the amount of the proposed contribution;
(B) the total of funds contributed by other donors;
and
(C) the national interests served by United States
participation in the Fund.
(3) Limitation.--During the 5-year period beginning on the
date of the enactment of this Act, the cumulative total of
United States contributions to the Fund may not exceed 33
percent of the total contributions to the Fund from all
sources.
(4) Withholdings.--
(A) Support for acts of international terrorism.--
If the Secretary of State determines that the Fund has
provided assistance to a country, the government of
which the Secretary of State has determined, for
purposes of section 620A of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371) has repeatedly provided
support for acts of international terrorism, the United
States shall withhold from its contribution to the Fund
for the next fiscal year an amount equal to the amount
expended by the Fund to the government of such country.
(B) Excessive salaries.--If the Secretary of State
determines that the salary during any of the first 5
fiscal years beginning after the date of the enactment
of this Act of any individual employed by the Fund
exceeds the salary of the Vice President of the United
States for such fiscal year, the United States should
withhold from its contribution for the following fiscal
year an amount equal to the aggregate difference
between the 2 salaries.
(C) Accountability certification requirement.--The
Secretary of State may withhold not more than 20
percent of planned United States contributions to the
Fund until the Secretary certifies to the appropriate
congressional committees that the Fund has established
procedures to provide access by the Office of Inspector
General of the Department of State, as cognizant
Inspector General, the Inspector General of the
Department of Health and Human Services, the USAID
Inspector General, and the Comptroller General of the
United States to the Fund's financial data and other
information relevant to United States contributions to
the Fund (as determined by the Inspector General of the
Department of State, in consultation with the Secretary
of State).
SEC. 5564. GENERAL PROVISIONS.
(a) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$5,000,000,000 for the 5-year period beginning on October 1,
2022 to carry out the purposes of sections 5562 and 5563, which
may be in addition to amounts otherwise made available for such
purposes, in consultation with the appropriate congressional
committees and subject to the requirements under chapters 1 and
10 of part I and section 634A of the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.).
(2) Exception.--Section 110 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107) shall not apply with
respect to assistance made available under this subtitle.
(b) Compliance With the Foreign Aid Transparency and Accountability
Act of 2016.--Section 2(3) of the Foreign Aid Transparency and
Accountability Act of 2016 (Public Law 114-191; 22 U.S.C. 2394c note)
is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) the Global Health Security and International
Pandemic Prevention, Preparedness and Response Act of
2022.''.
SEC. 5565. SUNSET.
This subtitle shall cease to be effective on September 30, 2027.
SEC. 5566. RULE OF CONSTRUCTION.
Nothing in this subtitle may be construed to impair or otherwise
affect the authorities granted to the Administrator of the USAID, the
Secretary of Health and Human Services, or the head of any other
Federal department or agency under any applicable law.
Subtitle E--Burma Act of 2022
SEC. 5567. SHORT TITLE.
This subtitle may be cited as the ``Burma Unified through Rigorous
Military Accountability Act of 2022'' or the ``BURMA Act of 2022''.
SEC. 5568. DEFINITIONS.
In this subtitle:
(1) Burmese military.--The term ``Burmese military''--
(A) means the Armed Forces of Burma, including the
army, navy, and air force; and
(B) includes security services under the control of
the Armed Forces of Burma, such as the police and
border guards.
(2) Executive order 14014.--The term ``Executive Order
14014'' means Executive Order 14014 (86 Fed. Reg. 9429;
relating to blocking property with respect to the situation in
Burma).
(3) Genocide.--The term ``genocide'' means any offense
described in section 1091(a) of title 18, United States Code.
(4) War crime.--The term ``war crime'' has the meaning
given the term in section 2441(c) of title 18, United States
Code.
PART 1--MATTERS RELATING TO THE CONFLICT IN BURMA
SEC. 5569. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) continue to support the people of Burma in their
struggle for democracy, human rights, and justice;
(2) support the efforts of the National Unity Government
(NUG), the National Unity Consultative Council (NUCC), the
Committee Representing Pyidaungsu Hluttaw (CRPH), the Burmese
Civil Disobedience Movement, and other entities in Burma and in
other countries to oppose the Burmese military and bring about
an end to the military junta's rule;
(3) support a credible process for the restoration of
civilian government in Burma, with a reformed Burmese military
under civilian control and the enactment of constitutional,
political, and economic reform that protects the rights of
minority groups and furthers a federalist form of government;
(4) hold accountable perpetrators of human rights
violations committed against ethnic groups in Burma and the
people of Burma, including through the February 2022 coup
d'etat;
(5) hold accountable the Russian Federation and the
People's Republic of China for their support of the Burmese
military;
(6) continue to provide humanitarian assistance to
populations impacted by violence perpetrated by the Burmese
military wherever they may reside, and coordinate efforts among
like-minded governments and other international donors to
maximize the effectiveness of assistance and support for the
people of Burma;
(7) secure the unconditional release of all unlawfully
detained individuals in Burma, including those detained for the
exercise of their fundamental freedoms; and
(8) provide humanitarian assistance to the people of Burma
in Burma, Bangladesh, Thailand, and the surrounding region
without going through the Burmese military.
PART 2--SANCTIONS AND POLICY COORDINATION WITH RESPECT TO BURMA
SEC. 5570. DEFINITIONS.
In this part:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.
(3) Correspondent account; payable-through account.--The
terms ``correspondent account'' and ``payable-through account''
have the meanings given those terms in section 5318A of title
31, United States Code.
(4) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning of that term as
determined by the Secretary of the Treasury by regulation.
(5) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(6) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(7) Person.--The term ``person'' means an individual or
entity.
(8) Support.--The term ``support'', with respect to the
Burmese military, means to knowingly have materially assisted,
sponsored, or provided financial, material, or technological
support for, or goods or services to or in support of the
Burmese military.
(9) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted to the United States for permanent residence;
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
SEC. 5571. IMPOSITION OF SANCTIONS WITH RESPECT TO HUMAN RIGHTS ABUSES
AND PERPETRATION OF A COUP IN BURMA.
(a) Mandatory Sanctions.--Not later than 180 days after the date of
the enactment of this Act, the President shall impose the sanctions
described in subsection (d) with respect to any foreign person that the
President determines--
(1) is a senior official of--
(A) the Burmese military or security forces of
Burma;
(B) the State Administration Council, the military-
appointed cabinet at the level of Deputy Minister or
higher, or a military-appointed minister of a Burmese
state or region; or
(C) an entity that primarily operates in the
defense sector of the Burmese economy; or
(2) is a Burmese state-owned commercial enterprise (other
than an entity described in subsections (c)(1) and (c)(2))
that--
(A) is operating in the industrial or extractive
sectors; and
(B) significantly financially benefits the Burmese
military.
(b) Additional Measure Relating to Facilitation of Transactions.--
The Secretary of the Treasury may, in consultation with the Secretary
of State, prohibit or impose strict conditions on the opening or
maintaining in the United States of a correspondent account or payable-
through account by a foreign financial institution that the President
determines has, on or after the date of the enactment of this Act,
knowingly conducted or facilitated a significant transaction or
transactions on behalf of a foreign person subject to sanctions under
this section imposed pursuant to subsection (a).
(c) Additional Sanctions.--The President may impose the sanctions
described in subsection (d) with respect to--
(1) the Myanma Oil and Gas Enterprise;
(2) any Burmese state-owned enterprise that--
(A) is not operating in the industrial or
extractive sectors; and
(B) significantly financially benefits the Burmese
military;
(3) a spouse or adult child of any person described in
subsection (a)(1);
(4) any foreign person that, leading up to, during, and
since the February 1, 2021, coup d'etat in Burma, is
responsible for or has directly and knowingly engaged in--
(A) actions or policies that significantly
undermine democratic processes or institutions in
Burma;
(B) actions or policies that significantly threaten
the peace, security, or stability of Burma;
(C) actions or policies by a Burmese person that--
(i) significantly prohibit, limit, or
penalize the exercise of freedom of expression
or assembly by people in Burma; or
(ii) limit access to print, online, or
broadcast media in Burma; or
(D) the orchestration of arbitrary detention or
torture in Burma or other serious human rights abuses
in Burma; or
(5) any Burmese entity that provides materiel to the
Burmese military.
(d) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Property blocking.--The President may exercise all
powers granted to the President by the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent
necessary to block and prohibit all transactions in all
property and interests in property of the foreign person if
such property and interests in property are in the United
States, come within the United States, or are or come within
the possession or control of a United States person.
(2) Foreign exchange.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any
transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which the foreign
person has any interest.
(3) Visas, admission, or parole.--
(A) In general.--An alien who is described in
subsection (a) or (c) is--
(i) inadmissible to the United States;
(ii) ineligible for a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The issuing consular
officer, the Secretary of State, or the
Secretary of Homeland Security (or a designee
of one of such Secretaries) shall, in
accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C.
1201(i)), revoke any visa or other entry
documentation issued to an alien described in
subparagraph (A) regardless of when the visa or
other entry documentation is issued.
(ii) Effect of revocation.--A revocation
under clause (i)--
(I) shall take effect immediately;
and
(II) shall automatically cancel any
other valid visa or entry documentation
that is in the alien's possession.
(e) Assessment and Report on Sanctions With Respect to Burmese
State-owned Enterprise Operating in the Energy Sector.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall conduct an
assessment with respect to the Burmese state-owned enterprise
described in subsection (c)(1), including relevant factors
pertaining to the possible application of sanctions on such
enterprise.
(2) Report required.--Upon making the determination
required by paragraph (1), the President shall submit to the
appropriate congressional committees a report on the
assessment.
(3) Form of report.--The report required by paragraph (2)
shall be submitted in unclassified form but may include a
classified annex.
(f) Exceptions.--
(1) Exception for intelligence, law enforcement, and
national security activities.--Sanctions under this section
shall not apply to any authorized intelligence, law
enforcement, or national security activities of the United
States.
(2) Exception to comply with international obligations.--
Sanctions under subsection (d)(3) shall not apply with respect
to the admission of an alien if admitting or paroling the alien
into the United States is necessary to permit the United States
to comply with the Agreement regarding the Headquarters of the
United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or other applicable
international obligations.
(3) Exception relating to the provision of humanitarian
assistance.--Sanctions under this section may not be imposed
with respect to transactions or the facilitation of
transactions for--
(A) the sale of agricultural commodities, food,
medicine, or medical devices to Burma;
(B) the provision of humanitarian assistance to the
people of Burma;
(C) financial transactions relating to humanitarian
assistance or for humanitarian purposes in Burma; or
(D) transporting goods or services that are
necessary to carry out operations relating to
humanitarian assistance or humanitarian purposes in
Burma.
(4) Exception relating to wind-down of projects.--Sanctions
under this section shall not be imposed with respect to
transactions or the facilitation of transactions related to the
disposition of investments pursuant to--
(A) agreements entered into between United States
persons and the Government of Burma prior to May 21,
1997;
(B) the exercise of rights pursuant to such
agreements; or
(C) transactions related to the subsequent
operation of the assets encompassed by such disposed
investments.
(g) Waiver.--The President may, on a case-by-case basis waive the
application of sanctions or restrictions imposed with respect to a
foreign person under this section if the President certifies to the
appropriate congressional committees at the time such waiver is to take
effect that the waiver is in the national interest of the United
States.
(h) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to carry out this section.
(2) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of this section or any regulations
promulgated under this section to the same extent that such
penalties apply to a person that commits an unlawful act
described in section 206(a) of that Act.
(i) Report.--Not later than 90 days after the date of the enactment
of this Act and annually thereafter for 8 years, the Secretary of
State, in consultation with the Secretary of the Treasury, shall submit
to the appropriate congressional committees a classified report that--
(1) describes the primary sources of income to which the
Burmese military has access and that the United States has been
unable to reach using sanctions authorities; and
(2) assesses the impact of the sanctions imposed pursuant
to the authorities under this section on the Burmese people and
the Burmese military.
SEC. 5572. SANCTIONS AND POLICY COORDINATION FOR BURMA.
(a) In General.--The head of the Office of Sanctions Coordination
in the Department of State should develop a comprehensive strategy for
the implementation of the full range of United States diplomatic
capabilities to implement Burma-related sanctions in order to promote
human rights and the restoration of civilian government in Burma.
(b) Matters to Be Included.--The strategy described in subsection
(a) should include plans and steps to--
(1) coordinate the sanctions policies of the United States
with relevant bureaus and offices in the Department of State
and other relevant United States Government agencies;
(2) conduct relevant research and vetting of entities and
individuals that may be subject to sanctions and coordinate
with other United States Government agencies and international
financial intelligence units to assist in efforts to enforce
anti-money laundering and anti-corruption laws and regulations;
(3) promote a comprehensive international effort to impose
and enforce multilateral sanctions with respect to Burma;
(4) support interagency United States Government efforts,
including efforts of the United States Chief of Mission to
Burma, the United States Ambassador to ASEAN, and the United
States Permanent Representative to the United Nations, relating
to--
(A) identifying opportunities to exert pressure on
the governments of the People's Republic of China and
the Russian Federation to support multilateral action
against the Burmese military; and
(B) working with like-minded partners to impose a
coordinated arms embargo on the Burmese military and
targeted sanctions on the economic interests of the
Burmese military, including through the introduction
and adoption of a United Nations Security Council
resolution; and
(5) provide timely input for reporting on the impacts of
the implementation of sanctions on the Burmese military and the
people of Burma.
SEC. 5573. SUPPORT FOR GREATER UNITED NATIONS ACTION WITH RESPECT TO
BURMA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United Nations Security Council has not taken
adequate steps to condemn the February 1, 2021, coup in Burma,
pressure the Burmese military to cease its violence against
civilians, or secure the release of those unjustly detained;
(2) countries, such as the People's Republic of China and
the Russian Federation, that are directly or indirectly
shielding the Burmese military from international scrutiny and
action, should be obliged to endure the reputational damage of
doing so by taking public votes on resolutions related to Burma
that apply greater pressure on the Burmese military to restore
Burma to its democratic path; and
(3) the United Nations Secretariat and the United Nations
Security Council should take concrete steps to address the coup
and ongoing crisis in Burma consistent with United Nations
General Assembly resolution 75/287, ``The situation in
Myanmar,'' which was adopted on June 18, 2021.
(b) Support for Greater Action.--The President shall direct the
United States Permanent Representative to the United Nations to use the
voice, vote, and influence of the United States to spur greater action
by the United Nations and the United Nations Security Council with
respect to Burma by--
(1) pushing the United Nations Security Council to consider
a resolution condemning the February 1, 2021, coup and calling
on the Burmese military to cease its violence against the
people of Burma and release without preconditions the
journalists, pro-democracy activists, and political officials
that it has unjustly detained;
(2) pushing the United Nations Security Council to consider
a resolution that immediately imposes a global arms embargo
against Burma to ensure that the Burmese military is not able
to obtain weapons and munitions from other nations to further
harm, murder, and oppress the people of Burma;
(3) pushing the United Nations and other United Nations
authorities to cut off assistance to the Government of Burma
while providing humanitarian assistance directly to the people
of Burma through United Nations bodies and civil society
organizations, particularly such organizations working with
ethnic minorities that have been adversely affected by the coup
and the Burmese military's violent crackdown; and
(4) spurring the United Nations Security Council to
consider multilateral sanctions against the Burmese military
for its atrocities against Rohingya and individuals of other
ethnic and religious minorities, its coup, and the atrocities
it has and continues to commit in the coup's aftermath.
(c) Sense of Congress.--It is the sense of Congress that the United
States Permanent Representative to the United Nations should use the
voice, vote, and influence of the United States to--
(1) object to the appointment of representatives to the
United Nations and United Nations bodies such as the Human
Rights Council that are sanctioned by the Burmese military; and
(2) work to ensure the Burmese military is not recognized
as the legitimate government of Burma in any United Nations
body.
SEC. 5574. SUNSET.
(a) In General.--The authority to impose sanctions and the
sanctions imposed under this part shall terminate on the date that is 8
years after the date of the enactment of this Act.
(b) Certification for Early Sunset of Sanctions.--Sanctions imposed
under this part may be removed before the date specified in subsection
(a), if the President submits to the appropriate congressional
committees a certification that--
(1) the Burmese military has released all political
prisoners taken into custody on or after February 1, 2021, or
is providing legal recourse to those that remain in custody;
(2) the elected government of Burma has been reinstated or
new free and fair elections have been held;
(3) all legal charges against those winning election in
November 2020 are dropped; and
(4) the 2008 constitution of Burma has been amended or
replaced to place the Burmese military under civilian oversight
and ensure that the Burmese military no longer automatically
receives 25 percent of seats in Burma's state, regional, and
national Hluttaws.
(c) Notification for Early Sunset of Sanctions on Individuals.--
(1) In general.--The President may terminate the
application of sanctions under this part with respect to
specific individuals if the President submits to the
appropriate congressional committees--
(A) a notice of and justification for the
termination; and
(B) a notice that the individual is not engaging in
the activity or is no longer occupying the position
that was the basis for the sanctions or has taken
significant verifiable steps toward stopping the
activity.
(2) Form.--The notice required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
PART 3--AUTHORIZATIONS OF APPROPRIATIONS FOR ASSISTANCE FOR BURMA
SEC. 5575. GENERAL AUTHORIZATION OF APPROPRIATIONS.
During each of the fiscal years 2023 through 2027, following
consultation with the appropriate congressional committees and subject
to the limitations described in section 5576, funds authorized to be
made available to carry out chapter 4 of part II of the Foreign
Assistance Act of 1961 may be made available, notwithstanding any other
provision of law, for--
(1) programs to strengthen federalism in and among ethnic
states in Burma, including for non-lethal assistance for Ethnic
Armed Organizations in Burma;
(2) the administrative operations and programs of entities
in Burma, including the political entities and affiliates of
Ethnic Armed Organizations and pro-democracy movement
organizations, that support efforts to establish an inclusive
and representative democracy in Burma;
(3) technical support and non-lethal assistance for Burma's
Ethnic Armed Organizations, People's Defense Forces, and pro-
democracy movement organizations to strengthen communications
and command and control, and coordination of international
relief and other operations between and among such entities;
(4) programs and activities relating to former members of
the Burmese military that have condemned the February 1, 2022,
coup d'etat and voiced support for the restoration of civilian
rule;
(5) programs to assist civil society organizations to
investigate and document atrocities in Burma for the purposes
of truth, justice, and accountability;
(6) programs to assist civil society organizations in Burma
that support individuals that who are unlawfully detained in
Burma for exercising their fundamental freedoms; and
(7) programs to assist civil society organizations and
ethnic groups with reconciliation activities related to Burma.
SEC. 5576. LIMITATIONS.
Except as provided for by this part, none of the funds authorized
to be appropriated for assistance for Burma by this part may be made
available to--
(1) the State Administrative Council or any organization or
entity controlled by, or an affiliate of, the Burmese military,
or to any individual or organization that has committed a gross
violation of human rights or advocates violence against ethnic
or religious groups or individuals in Burma, as determined by
the Secretary of State for programs administered by the
Department of State and the United States Agency for
International Development, or President of the National
Endowment for Democracy (NED) for programs administered by NED;
and
(2) the Burmese military.
SEC. 5577. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this part, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
PART 4--EFFORTS AGAINST HUMAN RIGHTS ABUSES
SEC. 5578. AUTHORIZATION TO PROVIDE TECHNICAL ASSISTANCE FOR EFFORTS
AGAINST HUMAN RIGHTS ABUSES.
(a) In General.--The Secretary of State is authorized to provide
assistance to support appropriate civilian or international entities
that--
(1) identify suspected perpetrators of war crimes, crimes
against humanity, and genocide in Burma;
(2) collect, document, and protect evidence of crimes in
Burma and preserving the chain of custody for such evidence;
(3) conduct criminal investigations of such crimes; and
(4) support investigations related to Burma conducted by
other countries, and by entities mandated by the United
Nations, such as the Independent Investigative Mechanism for
Myanmar.
(b) Authorization for Transitional Justice Mechanisms.--The
Secretary of State, taking into account any relevant findings in the
report submitted under section 5941, is authorized to provide support
for the establishment and operation of transitional justice mechanisms,
including a hybrid tribunal, to prosecute individuals suspected of
committing war crimes, crimes against humanity, or genocide in Burma.
PART 5--SANCTIONS EXCEPTION RELATING TO IMPORTATION OF GOODS
SEC. 5579. SANCTIONS EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions under this subtitle shall not include the authority or
requirement to impose sanctions on the importation of goods.
(b) Good Defined.--In this section, the term ``good'' means any
article, natural or man-made substance, material, supply, or
manufactured product, including inspection and test equipment, and
excluding technical data.
Subtitle F--Promotion of Freedom of Information and Countering of
Censorship and Surveillance in North Korea
SEC. 5580. SHORT TITLE.
This subtitle may be cited as the ``Otto Warmbier Countering North
Korean Censorship and Surveillance Act of 2022''.
SEC. 5581. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The information landscape in North Korea is the most
repressive in the world, consistently ranking last or near-last
in the annual World Press Freedom Index.
(2) Under the brutal rule of Kim Jung Un, the country's
leader since 2012, the North Korean regime has tightened
controls on access to information, as well as enacted harsh
punishments for consumers of outside media, including
sentencing to time in a concentration camp and a maximum
penalty of death.
(3) Such repressive and unjust laws surrounding information
in North Korea resulted in the death of 22-year-old United
States citizen and university student Otto Warmbier, who had
traveled to North Korea in December 2015 as part of a guided
tour.
(4) Otto Warmbier was unjustly arrested, sentenced to 15
years of hard labor, and severely mistreated at the hands of
North Korean officials. While in captivity, Otto Warmbier
suffered a serious medical emergency that placed him into a
comatose state. Otto Warmbier was comatose upon his release in
June 2017 and died 6 days later.
(5) Despite increased penalties for possession and
viewership of foreign media, the people of North Korean have
increased their desire for foreign media content, according to
a survey of 200 defectors concluding that 90 percent had
watched South Korean or other foreign media before defecting.
(6) On March 23, 2021, in an annual resolution, the United
Nations General Assembly condemned ``the long-standing and
ongoing systematic, widespread and gross violations of human
rights in the Democratic People's Republic of Korea'' and
expressed grave concern at, among other things, ``the denial of
the right to freedom of thought, conscience, and religion . . .
and of the rights to freedom of opinion, expression, and
association, both online and offline, which is enforced through
an absolute monopoly on information and total control over
organized social life, and arbitrary and unlawful state
surveillance that permeates the private lives of all
citizens''.
(7) In 2018, Typhoon Yutu caused extensive damage to 15
broadcast antennas used by the United States Agency for Global
Media in Asia, resulting in reduced programming to North Korea.
The United States Agency for Global Media has rebuilt 5 of the
15 antenna systems as of June 2021.
(b) Sense of Congress.--It is the sense of Congress that--
(1) in the event of a crisis situation, particularly where
information pertaining to the crisis is being actively censored
or a false narrative is being put forward, the United States
should be able to quickly increase its broadcasting capability
to deliver fact-based information to audiences, including those
in North Korea; and
(2) the United States International Broadcasting Surge
Capacity Fund is already authorized under section 316 of the
United States International Broadcasting Act of 1994 (22 U.S.C.
6216), and expanded authority to transfer unobligated balances
from expired accounts of the United States Agency for Global
Media would enable the Agency to more nimbly respond to crises.
SEC. 5582. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to provide the people of North Korea with access to a
diverse range of fact-based information;
(2) to develop and implement novel means of communication
and information sharing that increase opportunities for
audiences in North Korea to safely create, access, and share
digital and non-digital news without fear of repressive
censorship, surveillance, or penalties under law; and
(3) to foster and innovate new technologies to counter
North Korea's state-sponsored repressive surveillance and
censorship by advancing internet freedom tools, technologies,
and new approaches.
SEC. 5583. UNITED STATES STRATEGY TO COMBAT NORTH KOREA'S REPRESSIVE
INFORMATION ENVIRONMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall develop and submit to
Congress a strategy on combating North Korea's repressive information
environment.
(b) Elements.--The strategy required by subsection (a) shall
include the following:
(1) An assessment of the challenges to the free flow of
information into North Korea created by the censorship and
surveillance technology apparatus of the Government of North
Korea.
(2) A detailed description of the agencies and other
government entities, key officials, and security services
responsible for the implementation of North Korea's repressive
laws regarding foreign media consumption.
(3) A detailed description of the agencies and other
government entities and key officials of foreign governments
that assist, facilitate, or aid North Korea's repressive
censorship and surveillance state.
(4) A review of existing public-private partnerships that
provide circumvention technology and an assessment of the
feasibility and utility of new tools to increase free
expression, circumvent censorship, and obstruct repressive
surveillance in North Korea.
(5) A description of and funding levels required for
current United States Government programs and activities to
provide access for the people of North Korea to a diverse range
of fact-based information.
(6) An update of the plan required by section 104(a)(7)(A)
of the North Korean Human Rights Act of 2004 (22 U.S.C.
7814(a)(7)(A)).
(7) A description of Department of State programs and
funding levels for programs that promote internet freedom in
North Korea, including monitoring and evaluation efforts.
(8) A description of grantee programs of the United States
Agency for Global Media in North Korea that facilitate
circumvention tools and broadcasting, including monitoring and
evaluation efforts.
(9) A detailed assessment of how the United States
International Broadcasting Surge Capacity Fund authorized under
section 316 of the United States International Broadcasting Act
of 1994 (22 U.S.C. 6216) has operated to respond to crisis
situations in the past, and how authority to transfer
unobligated balances from expired accounts would help the
United States Agency for Global Media in crisis situations in
the future.
(10) A detailed plan for how the authorization of
appropriations under section 5584 will operate alongside and
augment existing programming from the relevant Federal agencies
and facilitate the development of new tools to assist that
programming.
(11) A detailed plan for engagement and coordination with
the Republic of Korea, as appropriate, necessary for
implementing the objectives of the strategy required by
subsection (a), including--
(A) with regard to any new or expanded activities
contemplated under paragraphs (9) and (10); and
(B) any cooperation with or approval from the
Government of the Republic of Korea required to carry
out such activities.
(c) Form of Strategy.--The strategy required by subsection (a)
shall be submitted in unclassified form, but may include the matters
required by paragraphs (2) and (3) of subsection (b) in a classified
annex.
SEC. 5584. PROMOTING FREEDOM OF INFORMATION AND COUNTERING CENSORSHIP
AND SURVEILLANCE IN NORTH KOREA.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the United States Agency for Global Media an additional
$10,000,000 for each of fiscal years 2024 through 2027 to provide
increased broadcasting and grants for the following purposes:
(1) To promote the development of internet freedom tools,
technologies, and new approaches, including both digital and
non-digital means of information sharing related to North
Korea.
(2) To explore public-private partnerships to counter North
Korea's repressive censorship and surveillance state.
(3) To develop new means to protect the privacy and
identity of individuals receiving media from the United States
Agency for Global Media and other outside media outlets from
within North Korea.
(4) To bolster existing programming from the United States
Agency for Global Media by restoring the broadcasting capacity
of damaged antennas caused by Typhoon Yutu in 2018.
(b) Annual Reports.--Section 104(a)(7)(B) of the North Korean Human
Rights Act of 2004 (22 U.S.C. 7814(a)(7)(B)) is amended--
(1) in the matter preceding clause (i)--
(A) by striking ``1 year after the date of the
enactment of this paragraph'' and inserting ``September
30, 2022''; and
(B) by striking ``Broadcasting Board of Governors''
and inserting ``Chief Executive Officer of the United
States Agency for Global Media''; and
(2) in clause (i), by inserting after ``this section'' the
following: ``and sections 5583 and 5584 of the Otto Warmbier
Countering North Korean Censorship and Surveillance Act of
2022''.
Subtitle G--Other Matters
SEC. 5585. CONGRESSIONAL NOTIFICATION FOR REWARDS PAID USING
CRYPTOCURRENCIES.
(a) In General.--Section 36(e)(6) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708(e)(6)) is amended by adding at
the end the following new sentence: ``Not later than 15 days before
making a reward in a form that includes cryptocurrency, the Secretary
of State shall notify the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate of
such form for the reward.''.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a report on the use of
cryptocurrency as a part of the Department of State Rewards program
established under section 36(a) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708(a)) that--
(1) justifies any determination of the Secretary to make
rewards under such program in a form that includes
cryptocurrency;
(2) lists each cryptocurrency payment made under such
program as of the date of the submission of the report;
(3) provides evidence of the manner and extent to which
cryptocurrency payments would be more likely to induce
whistleblowers to come forward with information than rewards
paid out in United States dollars or other forms of money or
nonmonetary items; and
(4) examines whether the Department's use of cryptocurrency
could provide bad actors with additional hard-to-trace funds
that could be used for criminal or illicit purposes.
SEC. 5586. SECURE ACCESS TO SANITATION FACILITIES FOR WOMEN AND GIRLS.
Subsection (a) of section 501 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2601 note) is
amended--
(1) by redesignating paragraphs (6) through (11) as
paragraphs (7) through (12), respectively; and
(2) by inserting after paragraph (5) the following:
``(6) the provision of safe and secure access to sanitation
facilities, with a special emphasis on women and children;''.
SEC. 5587. REAUTHORIZATION OF THE TROPICAL FOREST AND CORAL REEF
CONSERVATION ACT OF 1998.
Section 806(d) of the Tropical Forest and Coral Reef Conservation
Act of 1998 (22 U.S.C. 2431d(d)) is amended by adding at the end the
following new paragraphs:
``(9) $20,000,000 for fiscal year 2023.
``(10) $20,000,000 for fiscal year 2024.
``(11) $20,000,000 for fiscal year 2025.
``(12) $20,000,000 for fiscal year 2026.
``(13) $20,000,000 for fiscal year 2027.''.
SEC. 5588. GLOBAL FOOD SECURITY REAUTHORIZATION ACT OF 2022.
(a) Findings.--Section 2 of the Global Food Security Act of 2016
(22 U.S.C. 9301) is amended by striking ``Congress makes'' and all that
follows through ``(3) A comprehensive'' and inserting ``Congress finds
that a comprehensive''.
(b) Statement of Policy Objectives; Sense of Congress.--Section
3(a) of such Act (22 U.S.C. 9302(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``programs, activities, and initiatives that'' and inserting
``comprehensive, multi-sectoral programs, activities, and
initiatives that consider agriculture and food systems in their
totality and that''.
(2) in paragraph (1), by striking ``and economic freedom
through the coordination'' and inserting ``, economic freedom,
and security through the phasing, sequencing, and
coordination'';
(3) by striking paragraphs (3) and (4) and inserting the
following:
``(3) increase the productivity, incomes, and livelihoods
of small-scale producers and artisanal fishing communities,
especially women in these communities, by working across
terrestrial and aquatic food systems and agricultural value
chains, including by--
``(A) enhancing local capacity to manage
agricultural resources and food systems effectively and
expanding producer access to, and participation in,
local, regional, and international markets;
``(B) increasing the availability and affordability
of high quality nutritious and safe foods and clean
water;
``(C) creating entrepreneurship opportunities and
improving access to business development related to
agriculture and food systems, including among youth
populations, linked to local, regional, and
international markets; and
``(D) enabling partnerships to facilitate the
development of and investment in new agricultural
technologies to support more resilient and productive
agricultural practices;
``(4) build resilience to agriculture and food systems
shocks and stresses, including global food catastrophes in
which conventional methods of agriculture are unable to provide
sufficient food and nutrition to sustain the global population,
among vulnerable populations and households through inclusive
growth, while reducing reliance upon emergency food and
economic assistance;'';
(4) by amending paragraph (6) to read as follows:
``(6) improve the nutritional status of women, adolescent
girls, and children, with a focus on reducing child stunting
and incidence of wasting, including through the promotion of
highly nutritious foods, diet diversification, large-scale food
fortification, and nutritional behaviors that improve maternal
and child health and nutrition, especially during the first
1,000-day window until a child reaches 2 years of age;''; and
(5) in paragraph (7)--
(A) by striking ``science and technology,'' and
inserting ``combating fragility, resilience, science
and technology, natural resource management''; and
(B) by inserting ``, including deworming,'' after
``nutrition,''.
(c) Definitions.--Section 4 of the Global Food Security Act of 2016
(22 U.S.C. 9303) is amended--
(1) in paragraph (2), by inserting ``, including in
response to shocks and stresses to food and nutrition
security'' before the period at the end;
(2) by redesignating paragraphs (4) through (12) as
paragraphs (5) through (13), respectively;
(3) by inserting after paragraph (3) the following:
``(4) Food system.--The term `food system' means the intact
or whole unit made up of interrelated components of people,
behaviors, relationships, and material goods that interact in
the production, processing, packaging, transporting, trade,
marketing, consumption, and use of food, feed, and fiber
through aquaculture, farming, wild fisheries, forestry, and
pastoralism that operates within and is influenced by social,
political, economic, and environmental contexts.'';
(4) in paragraph (6), as redesignated, by amending
subparagraph (H) to read as follows:
``(H) local agricultural producers, including
farmer and fisher organizations, cooperatives, small-
scale producers, youth, and women; and'';
(5) in paragraph (7), as redesignated, by inserting ``the
Inter-American Foundation,'' after ``United States African
Development Foundation,'';
(6) in paragraph (9), as redesignated--
(A) by inserting ``agriculture and food'' before
``systems''; and
(B) by inserting ``, including global food
catastrophes,'' after ``food security'';
(7) in paragraph (10), as redesignated, by striking
``fishers'' and inserting ``artisanal fishing communities'';
(8) in paragraph (11), as redesignated, by amending
subparagraphs (D) and (E) to read as follows:
``(D) is a marker of an environment deficient in
the various needs that allow for a child's healthy
growth, including nutrition; and
``(E) is associated with long-term poor health,
delayed motor development, impaired cognitive function,
and decreased immunity.'';
(9) in paragraph (13), as redesignated, by striking
``agriculture and nutrition security'' and inserting ``food and
nutrition security and agriculture-led economic growth''; and
(10) by adding at the end the following:
``(14) Wasting.--The term `wasting' means--
``(A) a life-threatening condition attributable to
poor nutrient intake or disease that is characterized
by a rapid deterioration in nutritional status over a
short period of time; and
``(B) in the case of children, is characterized by
low weight for height and weakened immunity, increasing
their risk of death due to greater frequency and
severity of common infection, particularly when
severe.''.
(d) Comprehensive Global Food Security Strategy.--Section 5(a) of
the Global Food Security Act of 2016 (22 U.S.C. 9304) is amended--
(1) in paragraph (4), by striking ``country-owned
agriculture, nutrition, and food security policy and investment
plans'' and inserting ``partner country-led agriculture,
nutrition, regulatory, food security, and water resources
management policy and investment plans and governance
systems'';
(2) by amending paragraph (5) to read as follows:
``(5) support the locally-led and inclusive development of
agriculture and food systems, including by enhancing the extent
to which small-scale food producers, especially women, have
access to and control over the inputs, skills, resource
management capacity, networking, bargaining power, financing,
market linkages, technology, and information needed to
sustainably increase productivity and incomes, reduce poverty
and malnutrition, and promote long-term economic prosperity;'';
(3) in paragraph (6)--
(A) by inserting ``, adolescent girls,'' after
``women''; and
(B) by inserting ``and preventing incidence of
wasting'' after ``reducing child stunting'';
(4) in paragraph (7), by inserting ``poor water resource
management and'' after ``including'';
(5) in paragraph (8)--
(A) by striking ``the long-term success of
programs'' and inserting ``long-term impact''; and
(B) by inserting ``, including agricultural
research capacity,'' after ``institutions'';
(6) in paragraph (9), by striking ``integrate resilience
and nutrition strategies into food security programs, such that
chronically vulnerable populations are better able to'' and
inserting ``coordinate with and complement relevant strategies
to ensure that chronically vulnerable populations are better
able to adapt,'';
(7) by redesignating paragraph (17) as paragraph (22);
(8) by redesignating paragraphs (12) through (16) as
paragraphs (14) through (18), respectively;
(9) by striking paragraphs (10) and (11) and inserting the
following:
``(10) develop community and producer resilience and
adaptation strategies to disasters, emergencies, and other
shocks and stresses to food and nutrition security, including
conflicts, droughts, flooding, pests, and diseases, that
adversely impact agricultural yield and livelihoods;
``(11) harness science, technology, and innovation,
including the research and extension activities supported by
the private sector, relevant Federal departments and agencies,
Feed the Future Innovation Labs or any successor entities, and
international and local researchers and innovators, recognizing
that significant investments in research and technological
advances will be necessary to reduce global poverty, hunger,
and malnutrition;
``(12) use evidenced-based best practices, including
scientific and forecasting data, and improved planning and
coordination by, with, and among key partners and relevant
Federal departments and agencies to identify, analyze, measure,
and mitigate risks, and strengthen resilience capacities;
``(13) ensure scientific and forecasting data is accessible
and usable by affected communities and facilitate communication
and collaboration among local stakeholders in support of
adaptation planning and implementation, including scenario
planning and preparedness using seasonal forecasting and
scientific and local knowledge;'';
(10) in paragraph (15), as redesignated, by inserting
``nongovernmental organizations, including'' after ``civil
society,'';
(11) in paragraph (16), as redesignated, by inserting ``and
coordination, as appropriate,'' after ``collaboration'';
(12) in paragraph (18), as redesignated, by striking
``section 8(b)(4); and'' and inserting ``section 8(a)(4);'';
and
(13) by inserting after paragraph (18), as redesignated,
the following:
``(19) improve the efficiency and resilience of
agricultural production, including management of crops,
rangelands, pastures, livestock, fisheries, and aquacultures;
``(20) ensure investments in food and nutrition security
consider and integrate best practices in the management and
governance of natural resources and conservation, especially
among food insecure populations living in or near biodiverse
ecosystems;
``(21) be periodically updated in a manner that reflects
learning and best practices; and''.
(e) Periodic Updates.--Section 5 of the Global Food Security Act of
2016 (22 U.S.C. 9304), as amended by subsection (d), is further amended
by adding at the end the following:
``(d) Periodic Updates.--Not less frequently than quinquennially
through fiscal year 2030, the President, in consultation with the head
of each relevant Federal department and agency, shall submit to the
appropriate congressional committees updates to the Global Food
Security Strategy required under subsection (a) and the agency-specific
plans described in subsection (c)(2).''.
(f) Authorization of Appropriations to Implement the Global Food
Security Strategy.--Section 6(b) of such Act (22 U.S.C. 9305(b)) is
amended--
(1) by striking ``$1,000,600,000 for each of fiscal years
2017 through 2023'' and inserting ``$1,200,000,000 for each of
the fiscal years 2024 through 2028''; and
(2) by adding at the end the following: ``Amounts
authorized to appropriated under this subsection should be
prioritized to carry out programs and activities in target
countries.''.
(g) Emergency Food Security Program.--
(1) In general.--Section 7 of the Global Food Security Act
of 2016 (22 U.S.C. 9306) is amended by striking ``(a) Sense of
Congress.--'' and all that follows through ``It shall be'' and
inserting ``It shall be''.
(2) Authorization of appropriations.--Section 492(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2292a(a)) is amended
by striking ``$2,794,184,000 for each of fiscal years 2017
through 2023, of which up to $1,257,382,000'' and inserting
``$3,905,460,000 for each of the fiscal years 2024 through
2028, of which up to $1,757,457,000''.
(h) Reports.--Section 8(a) of the Global Food Security Act of 2016
(22 U.S.C. 9307) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``During each of the first 7 years
after the date of the submission of the strategy
required under section 5(c),'' and inserting ``For each
of the fiscal years through 2028,'';
(B) by striking ``reports that describe'' and
inserting ``a report that describes''; and
(C) by striking ``at the end of the reporting
period'' and inserting ``during the preceding year'';
(2) in paragraph (2), by inserting ``, including any
changes to the target countries selected pursuant to the
selection criteria described in section 5(a)(2) and
justifications for any such changes'' before the semicolon at
the end;
(3) in paragraph (3), by inserting ``identify and'' before
``describe'';
(4) by redesignating paragraphs (12) through (14) as
paragraphs (15) through (17), respectively;
(5) by redesignating paragraphs (5) through (11) as
paragraphs (7) through (13), respectively;
(6) by striking paragraph (4) and inserting the following:
``(4) identify and describe the priority quantitative
metrics used to establish baselines and performance targets at
the initiative, country, and zone of influence levels;
``(5) identify such established baselines and performance
targets at the country and zone of influence levels;
``(6) identify the output and outcome benchmarks and
indicators used to measure results annually, and report the
annual measurement of results for each of the priority metrics
identified pursuant to paragraph (4), disaggregated by age,
gender, and disability, to the extent practicable and
appropriate, in an open and transparent manner that is
accessible to the people of the United States;'';
(7) in paragraph (7), as redesignated, by striking
``agriculture'' and inserting ``food'';
(8) in paragraph (8), as redesignated--
(A) by inserting ``quantitative and qualitative''
after ``how''; and
(B) by inserting ``at the initiative, country, and
zone of influence levels, including longitudinal data
and key uncertainties'' before the semicolon at the
end;
(9) in paragraph (9), as redesignated, by inserting
``within target countries, amounts and justification for any
spending outside of target countries'' after ``amounts spent'';
(10) in paragraph (13), as redesignated, by striking ``and
the impact of private sector investment'' and inserting ``and
efforts to encourage financial donor burden sharing and the
impact of such investment and efforts'';
(11) by inserting after paragraph (13), as redesignated,
the following:
``(14) describe how agriculture research is prioritized
within the Global Food Security Strategy to support
agriculture-led growth and eventual self-sufficiency and assess
efforts to coordinate research programs within the Global Food
Security Strategy with key stakeholders;'';
(12) in paragraph (16), as redesignated, by striking
``and'' at the end;
(13) in paragraph (17), as redesignated--
(A) by inserting ``, including key challenges or
missteps,'' after ``lessons learned''; and
(B) by striking the period at the end and inserting
``; and''; and
(14) by adding at the end the following:
``(18) during the final year of each strategy required
under section 5, complete country graduation reports to
determine whether a country should remain a target country
based on quantitative and qualitative analysis.''.
SEC. 5589. EXTENSION AND MODIFICATION OF CERTAIN EXPORT CONTROLS.
(a) Extension of Export Prohibition on Munitions Items to the Hong
Kong Police Force.--Section 3 of the Act entitled ``An Act to prohibit
the commercial export of covered munitions items to the Hong Kong
Police Force'', approved November 27, 2019 (Public Law 116-77; 133
Stat. 1173), is amended by striking ``shall expire'' and all that
follows and inserting ``shall expire on December 31, 2024.''.
(b) Modification of Authority of President Under Export Control
Reform Act of 2018.--Section 1753(a)(2)(F) of the Export Control Reform
Act of 2018 (50 U.S.C. 4812(a)(2)(F)) is amended by inserting ``,
security, or'' before ``intelligence''.
SEC. 5590. IMPOSITION OF SANCTIONS WITH RESPECT TO THE SALE, SUPPLY, OR
TRANSFER OF GOLD TO OR FROM RUSSIA.
(a) Identification.--Not later than 90 days after the date of the
enactment of this Act, and periodically as necessary thereafter, the
President--
(1) shall submit to Congress a report identifying foreign
persons that knowingly participated in a significant
transaction--
(A) for the sale, supply, or transfer (including
transportation) of gold, directly or indirectly, to or
from the Russian Federation or the Government of the
Russian Federation, including from reserves of the
Central Bank of the Russian Federation held outside the
Russian Federation; or
(B) that otherwise involved gold in which the
Government of the Russian Federation had any interest;
and
(2) shall impose the sanctions described in subsection
(b)(1) with respect to each such person; and
(3) may impose the sanctions described in subsection (b)(2)
with respect to any such person that is an alien.
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Blocking of property.--The exercise of all powers
granted to the President by the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent
necessary to block and prohibit all transactions in all
property and interests in property of a foreign person
identified in the report required by subsection (a)(1) if such
property and interests in property are in the United States,
come within the United States, or are or come within the
possession or control of a United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien
described in subsection (a)(1) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The issuing consular
officer, the Secretary of State, or the
Secretary of Homeland Security (or a designee
of one of such Secretaries) shall, in
accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C.
1201(i)), revoke any visa or other entry
documentation issued to an alien described in
subsection (a)(1).
(ii) Immediate effect.--The revocation
under clause (i) of a visa or other entry
documentation issued to an alien shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the alien's possession.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
(d) National Interest Waiver.--The President may waive the
imposition of sanctions under this section with respect to a person if
the President--
(1) determines that such a waiver is in the national
interests of the United States; and
(2) submits to Congress a notification of the waiver and
the reasons for the waiver.
(e) Termination.--
(1) In general.--Except as provided in paragraph (2), the
requirement to impose sanctions under this section, and any
sanctions imposed under this section, shall terminate on the
earlier of--
(A) the date that is 3 years after the date of the
enactment of this Act; or
(B) the date that is 30 days after the date on
which the President certifies to Congress that--
(i) the Government of the Russian
Federation has ceased its destabilizing
activities with respect to the sovereignty and
territorial integrity of Ukraine; and
(ii) such termination in the national
interests of the United States.
(2) Transition rules.--
(A) Continuation of certain authorities.--Any
authorities exercised before the termination date under
paragraph (1) to impose sanctions with respect to a
foreign person under this section may continue to be
exercised on and after that date if the President
determines that the continuation of those authorities
is in the national interests of the United States.
(B) Application to ongoing investigations.--The
termination date under paragraph (1) shall not apply to
any investigation of a civil or criminal violation of
this section or any regulation, license, or order
issued to carry out this section, or the imposition of
a civil or criminal penalty for such a violation, if--
(i) the violation occurred before the
termination date; or
(ii) the person involved in the violation
continues to be subject to sanctions pursuant
to subparagraph (A).
(f) Exceptions.--
(1) Exceptions for authorized intelligence and law
enforcement and national security activities.--This section
shall not apply with respect to activities subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence, law enforcement, or national security activities
of the United States.
(2) Exception to comply with international agreements.--
Sanctions under subsection (b)(2) may not apply with respect to
the admission of an alien to the United States if such
admission is necessary to comply with the obligations of the
United States under the Agreement regarding the Headquarters of
the United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or the Convention on Consular
Relations, done at Vienna April 24, 1963, and entered into
force March 19, 1967, or other international obligations.
(3) Humanitarian exemption.--The President shall not impose
sanctions under this section with respect to any person for
conducting or facilitating a transaction for the sale of
agricultural commodities, food, medicine, or medical devices or
for the provision of humanitarian assistance.
(4) Exception relating to importation of goods.--
(A) In general.--The requirement or authority to
impose sanctions under this section shall not include
the authority or a requirement to impose sanctions on
the importation of goods.
(B) Good defined.--In this paragraph, the term
``good'' means any article, natural or manmade
substance, material, supply, or manufactured product,
including inspection and test equipment, and excluding
technical data.
(g) Definitions.--In this section:
(1) The terms ``admission'', ``admitted'', ``alien'', and
``lawfully admitted for permanent residence'' have the meanings
given those terms in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101).
(2) The term ``foreign person'' means an individual or
entity that is not a United States person.
(3) The term ``knowingly'', with respect to conduct, a
circumstance, or a result, means that a person has actual
knowledge, or should have known, of the conduct, the
circumstance, or the result.
(4) The term ``United States person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
SEC. 5591. RENEGOTIATION OF COMPACTS OF FREE ASSOCIATION.
(a) Sense of Congress.--It is the sense of Congress as follows:
(1) The United States shares deep ties, history and
interests with the Freely Associated States of the Republic of
the Marshall Islands, Federated States of Micronesia, and Palau
and continues a special, unique and mutually beneficial
relationship with them under the decades-old Compacts of Free
Association.
(2) Under the Compacts, the United States has undertaken
the responsibility and obligation to provide and ensure the
security and defense of the Freely Associated States.
(3) The Compacts are critical to the national security of
the United States and its allies and partners and are the
bedrock of the United States role in the Pacific.
(4) Renewal of key provisions of the Compacts, now being
renegotiated with each nation, is critical for regional
security.
(5) Maintaining and strengthening the Compacts supports
both United States national security and the United States
responsibility for the security and defense of the Freely
Associated States.
(b) Briefing on Renegotiations.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense and the Secretary of the
Interior, shall brief the following committees on the status of the
renegotiations of the Compacts of Free Association described in
subsection (a) and opportunities to expand its support for the
renegotiations:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs and the Committee on
Natural Resources of the House of Representatives.
(3) The Committee on Foreign Relations and the Committee on
Energy and Natural Resources of the Senate.
SEC. 5592. SECRETARY OF STATE ASSISTANCE FOR PRISONERS IN ISLAMIC
REPUBLIC OF IRAN.
(a) Statement of Policy.--It is the policy of the United States
that--
(1) the Islamic Republic of Iran should allow the United
Nations Special Rapporteur on the Situation of Human Rights in
the Islamic Republic of Iran unimpeded access to facilitate the
full implementation of the mandate of the United Nations
Special Rapporteur, including--
(A) investigating alleged violations of human
rights that are occurring or have occurred both within
prisons and elsewhere;
(B) transmitting urgent appeals and letters to the
Islamic Republic of Iran regarding alleged violations
of human rights; and
(C) engaging with relevant stakeholders in the
Islamic Republic of Iran and the surrounding region;
(2) the Islamic Republic of Iran should immediately end
violations of the human rights of political prisoners or
persons imprisoned for exercising the right to freedom of
speech, including--
(A) torture;
(B) denial of access to health care; and
(C) denial of a fair trial;
(3) all prisoners of conscience and political prisoners in
the Islamic Republic of Iran should be unconditionally and
immediately released;
(4) all diplomatic tools of the United States should be
invoked to ensure that all prisoners of conscience and
political prisoners in the Islamic Republic of Iran are
released, including raising individual cases of particular
concern; and
(5) all officials of the government of the Islamic Republic
of Iran who are responsible for human rights abuses in the form
of politically motivated imprisonment should be held to
account, including through the imposition of sanctions pursuant
to the Global Magnitsky Human Rights Accountability Act (22
U.S.C. 10101 et seq.) and other applicable statutory
authorities of the United States.
(b) Assistance for Prisoners.--The Secretary of State is authorized
to continue to provide assistance to civil society organizations that
support prisoners of conscience and political prisoners in the Islamic
Republic of Iran, including organizations that--
(1) work to secure the release of such prisoners;
(2) document violations of human rights with respect to
such prisoners;
(3) support international advocacy to raise awareness of
issues relating to such prisoners;
(4) support the health, including mental health, of such
prisoners; and
(5) provide post-incarceration assistance to enable such
prisoners to resume normal lives, including access to
education, employment, or other forms of reparation.
(c) Definitions.--In this section:
(1) The term ``political prisoner'' means a person who has
been detained or imprisoned on politically motivated grounds.
(2) The term ``prisoner of conscience'' means a person
who--
(A) is imprisoned or otherwise physically
restricted solely in response to the peaceful exercise
of the human rights of such person; and
(B) has not used violence or advocated violence or
hatred.
SEC. 5593. IRAN NUCLEAR WEAPONS CAPABILITY AND TERRORISM MONITORING ACT
OF 2022.
(a) Short Title.--This section may be cited as the ``Iran Nuclear
Weapons Capability and Terrorism Monitoring Act of 2022''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) an Islamic Republic of Iran that possesses a nuclear
weapons capability would be a serious threat to the national
security of the United States, Israel, and other allies and
partners;
(2) the Islamic Republic of Iran has been less than
cooperative with international inspectors from the
International Atomic Energy Agency and has obstructed their
ability to inspect facilities as well as data and recordings
collected by surveillance equipment across Iran;
(3) the Islamic Republic of Iran continues to advance
missile and drone programs, which are a threat to the national
security of the United States, Israel, and other allies and
partners;
(4) the Islamic Republic of Iran continues to support
proxies in the Middle East in a manner that--
(A) undermines the sovereignty of regional
governments;
(B) threatens the safety of United States citizens;
(C) threatens United States allies and partners;
and
(D) directly undermines the national security
interests of the United States;
(5) the Islamic Republic of Iran has engaged in
assassination plots against former United States officials and
has been implicated in plots to kidnap United States citizens
within the United States;
(6) the Islamic Republic of Iran is engaged in unsafe and
unprofessional maritime activity that threatens the movement of
naval vessels of the United States and the free flow of
commerce through strategic maritime chokepoints in the Middle
East and North Africa;
(7) the Islamic Republic of Iran has delivered hundreds of
armed drones to the Russian Federation, which will enable
Vladimir Putin to continue the assault against Ukraine in
direct opposition of the national security interests of the
United States; and
(8) the United States must--
(A) ensure that the Islamic Republic of Iran does
not acquire a nuclear weapons capability;
(B) protect against aggression from the Islamic
Republic of Iran manifested through its missiles and
drone programs; and
(C) counter regional and global terrorism of the
Islamic Republic of Iran in a manner that minimizes the
threat posed by state and non-state actors to the
interests of the United States.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Appropriations, the Committee on Armed
Services, the Committee on Energy and Natural
Resources, and the Select Committee on Intelligence of
the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, the Committee on Armed Services, the
Committee on Energy and Commerce, and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(2) Comprehensive safeguards agreement.--The term
``Comprehensive Safeguards Agreement'' means the Agreement
between the Islamic Republic of Iran and the International
Atomic Energy Agency for the Application of Safeguards in
Connection with the Treaty on the Non-Proliferation of Nuclear
Weapons, done at Vienna June 19, 1973.
(3) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
(4) Task force.--The term ``task force'' means the task
force established under subsection (d).
(5) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given the term in section 44801 of
title 49, United States Code.
(d) Establishment of Interagency Task Force on Nuclear Activity and
Global Regional Terrorism of the Islamic Republic of Iran.--
(1) Establishment.--The Secretary of State shall establish
a task force to coordinate and synthesize efforts by the United
States Government regarding--
(A) nuclear activity of the Islamic Republic of
Iran or its proxies; and
(B) regional and global terrorism activity by the
Islamic Republic of Iran or its proxies.
(2) Composition.--
(A) Chairperson.--The Secretary of State shall be
the Chairperson of the task force.
(B) Membership.--
(i) In general.--The task force shall be
composed of individuals, each of whom shall be
an employee of and appointed to the task force
by the head of one of the following agencies:
(I) The Department of State.
(II) The Department of Defense.
(III) The Department of Energy.
(ii) Additional members.--The Chairperson
may appoint to the task force additional
individuals from other Federal agencies, as the
Chairperson considers necessary.
(iii) Intelligence community support.--The
Director of National Intelligence shall ensure
that the task force receives all appropriate
support from the intelligence community.
(3) Sunset.--The task force shall terminate on December 31,
2028.
(e) Assessments.--
(1) Intelligence assessment on nuclear activity.--
(A) In general.--Not later than 120 days after the
date of the enactment of this Act, and every 180 days
thereafter until December 31, 2028, the Director of
National Intelligence shall submit to the appropriate
congressional committees an assessment regarding any
uranium enrichment, nuclear weapons development,
delivery vehicle development, and associated
engineering and research activities of the Islamic
Republic of Iran.
(B) Contents.--The assessment required by
subparagraph (A) shall include--
(i) a description and location of current
fuel cycle activities for the production of
fissile material being undertaken by the
Islamic Republic of Iran, including--
(I) research and development
activities to procure or construct
additional advanced IR-2, IR-6 and
other model centrifuges and enrichment
cascades, including for stable
isotopes;
(II) research and development of
reprocessing capabilities, including--
(aa) reprocessing of spent
fuel; and
(bb) extraction of medical
isotopes from irradiated
uranium targets;
(III) activities with respect to
designing or constructing reactors,
including--
(aa) the construction of
heavy water reactors;
(bb) the manufacture or
procurement of reactor
components, including the
intended application of such
components; and
(cc) efforts to rebuild the
original reactor at Arak;
(IV) uranium mining, concentration,
conversion, and fuel fabrication,
including--
(aa) estimated uranium ore
production capacity and annual
recovery;
(bb) recovery processes and
ore concentrate production
capacity and annual recovery;
(cc) research and
development with respect to,
and the annual rate of,
conversion of uranium; and
(dd) research and
development with respect to the
fabrication of reactor fuels,
including the use of depleted,
natural, and enriched uranium;
and
(V) activities with respect to--
(aa) producing or acquiring
plutonium or uranium (or their
alloys);
(bb) conducting research
and development on plutonium or
uranium (or their alloys);
(cc) uranium metal; or
(dd) casting, forming, or
machining plutonium or uranium;
(ii) with respect to any activity described
in clause (i), a description, as applicable,
of--
(I) the number and type of
centrifuges used to enrich uranium and
the operating status of such
centrifuges;
(II) the number and location of any
enrichment or associated research and
development facility used to engage in
such activity;
(III) the amount of heavy water, in
metric tons, produced by such activity
and the acquisition or manufacture of
major reactor components, including,
for the second and subsequent
assessments, the amount produced since
the last assessment;
(IV) the number and type of fuel
assemblies produced by the Islamic
Republic of Iran, including failed or
rejected assemblies; and
(V) the total amount of--
(aa) uranium-235 enriched
to not greater than 5 percent
purity;
(bb) uranium-235 enriched
to greater than 5 percent
purity and not greater than 20
percent purity;
(cc) uranium-235 enriched
to greater than 20 percent
purity and not greater than 60
percent purity;
(dd) uranium-235 enriched
to greater than 60 percent
purity and not greater than 90
percent purity; and
(ee) uranium-235 enriched
greater than 90 percent purity;
(iii) a description of any weaponization
plans and weapons development capabilities of
the Islamic Republic of Iran, including--
(I) plans and capabilities with
respect to--
(aa) weapon design,
including fission, warhead
miniaturization, and boosted
and early thermonuclear weapon
design;
(bb) high yield fission
development;
(cc) design, development,
acquisition, or use of computer
models to simulate nuclear
explosive devices;
(dd) design, development,
fabricating, acquisition, or
use of explosively driven
neutron sources or specialized
materials for explosively
driven neutron sources; and
(ee) design, development,
fabrication, acquisition, or
use of precision machining and
tooling that could enable the
production of nuclear explosive
device components;
(II) the ability of the Islamic
Republic of Iran to deploy a working or
reliable delivery vehicle capable of
carrying a nuclear warhead;
(III) the estimated breakout time
for the Islamic Republic of Iran to
develop and deploy a nuclear weapon,
including a crude nuclear weapon; and
(IV) the status and location of any
research and development work site
related to the preparation of an
underground nuclear test;
(iv) an identification of any clandestine
nuclear facilities;
(v) an assessment of whether the Islamic
Republic of Iran maintains locations to store
equipment, research archives, or other material
previously used for a weapons program or that
would be of use to a weapons program that the
Islamic Republic of Iran has not declared to
the International Atomic Energy Agency;
(vi) any diversion by the Islamic Republic
of Iran of uranium, carbon-fiber, or other
materials for use in an undeclared or
clandestine facility;
(vii) an assessment of activities related
to developing or acquiring the capabilities for
the production of nuclear weapons, conducted at
facilities controlled by the Ministry of
Defense and Armed Forces Logistics of Iran, the
Islamic Revolutionary Guard Corps, and the
Organization of Defensive Innovation and
Research, including an analysis of gaps in
knowledge;
(viii) a description of activities between
the Islamic Republic of Iran and other
countries or persons with respect to sharing
information on, or providing other forms of
support for, the acquisition of a nuclear
weapons capability or activities related to
weaponization;
(ix) with respect to any new ballistic,
cruise, or hypersonic missiles being designed
and tested by the Islamic Republic of Iran or
any of its proxies, a description of--
(I) the type of missile;
(II) the range of such missiles;
(III) the capability of such
missiles to deliver a nuclear warhead;
(IV) the number of such missiles;
and
(V) any testing of such missiles;
(x) an assessment of whether the Islamic
Republic of Iran or any of its proxies
possesses an unmanned aircraft system or other
military equipment capable of delivering a
nuclear weapon; and
(xi) an assessment of the extent to which
the Islamic Republic of Iran is providing
drones, missiles, or related technology from
other countries to its proxies or partners.
(2) Assessment on support for regional and global terrorism
of the islamic republic of iran.--
(A) In general.--Not later than 120 days after the
date of the enactment of this Act, and annually
thereafter until December 31, 2028, the Director of
National Intelligence shall submit to the appropriate
congressional committees an assessment regarding the
regional and global terrorism of the Islamic Republic
of Iran.
(B) Contents.--The assessment required by
subparagraph (A) shall include--
(i) a description of the lethal support of
the Islamic Republic of Iran, including
training, equipment, and associated
intelligence support, to regional and global
non-state terrorist groups and proxies;
(ii) a description of the lethal support of
the Islamic Republic of Iran, including
training and equipment, to state actors;
(iii) an assessment of financial support of
the Islamic Republic of Iran to non-state
terrorist groups and proxies and associated
Iranian revenue streams funding such support;
(iv) an assessment of the threat posed by
the Islamic Republic of Iran and Iranian-
supported groups to members of the Armed
Forces, diplomats, and military and diplomatic
facilities of the United States;
(v) a description of attacks by, or
sponsored by, the Islamic Republic of Iran
against members of the Armed Forces, diplomats,
and military and diplomatic facilities of the
United States and the associated response by
the United States Government in the previous
year;
(vi) a description of attacks by, or
sponsored by, the Islamic Republic of Iran
against United States partners or allies and
the associated response by the United States
Government in the previous year;
(vii) an assessment of interference by the
Islamic Republic of Iran into the elections and
political processes of sovereign countries in
the Middle East and North Africa in an effort
to create conditions for or shape agendas more
favorable to the policies of the Government of
the Islamic Republic of Iran;
(viii) a description of any plots by the
Islamic Republic of Iran against former and
current United States officials;
(ix) a description of any plots by the
Islamic Republic of Iran against United States
citizens both abroad and within the United
States; and
(x) a description of maritime activity of
the Islamic Republic of Iran and associated
impacts on the free flow of commerce and the
national security interests of the United
States.
(3) Form; public availability; duplication.--
(A) Form.--Each assessment required by this
subsection shall be submitted in unclassified form but
may include a classified annex for information that, if
released, would be detrimental to the national security
of the United States. In addition, any classified
portion may contain an additional annex provided to the
congressional intelligence committees that details
information and analysis that would otherwise disclose
sensitive sources and methods.
(B) Public availability.--The unclassified portion
of an assessment required by this subsection shall be
made available to the public on an internet website of
the Office of the Director of National Intelligence.
(C) Duplication.--For any assessment required by
this subsection, the Director of National Intelligence
may rely upon existing products that reflect the
current analytic judgment of the intelligence
community, including reports or products produced in
response to congressional mandate or requests from
executive branch officials.
(f) Diplomatic Strategy to Address Identified Nuclear, Ballistic
Missile, and Terrorism Threats to the United States.--
(1) In general.--Not later than 30 days after the
submission of the initial assessment under subsection (e)(1),
and annually thereafter until December 31, 2028, the Secretary
of State, in consultation with the task force, shall submit to
the appropriate congressional committees a diplomatic strategy
that outlines a comprehensive plan for engaging with partners
and allies of the United States regarding uranium enrichment,
nuclear weaponization, missile development, and drone-related
activities and regional and global terrorism of the Islamic
Republic of Iran.
(2) Contents.--The diplomatic strategy required by
paragraph (1) shall include--
(A) an assessment of whether the Islamic Republic
of Iran--
(i) is in compliance with the Comprehensive
Safeguards Agreement and modified Code 3.1 of
the Subsidiary Arrangements to the
Comprehensive Safeguards Agreement as well as
the nuclear related commitments endorsed in
United Nations Security Council Resolution 2231
(2015); and
(ii) has denied access to sites that the
International Atomic Energy Agency has sought
to inspect during previous 1-year period;
(B) a description of any dual-use item (as defined
under section 730.3 of title 15, Code of Federal
Regulations or listed on the List of Nuclear-Related
Dual-Use Equipment, Materials, Software, and Related
Technology issued by the Nuclear Suppliers Group or any
successor list) the Islamic Republic of Iran is using
to further the nuclear weapon, missile, or drone
program;
(C) a description of efforts of the United States
to counter efforts of the Islamic Republic of Iran to
project political and military influence into the
Middle East;
(D) a description of efforts to address the
increased threat that new or evolving uranium
enrichment, nuclear weaponization, missile, or drone
development activities by the Islamic Republic of Iran
pose to United States citizens, the diplomatic presence
of the United States in the Middle East, and the
national security interests of the United States;
(E) a description of efforts to address the threat
that terrorism by, or sponsored by, the Islamic
Republic of Iran poses to United States citizens, the
diplomatic presence of the United States in the Middle
East, and the national security interests of the United
States;
(F) a description of efforts to address the impact
of the influence of the Islamic Republic of Iran on
sovereign governments on the safety and security of
United States citizens, the diplomatic presence of the
United States in the Middle East, and the national
security interests of the United States;
(G) a description of a coordinated whole-of-
government approach to use political, economic, and
security related tools to address such activities; and
(H) a comprehensive plan for engaging with allies
and regional partners in all relevant multilateral fora
to address such activities.
(3) Updated strategy related to notification.--Not later
than 45 days after the Chairperson determines that there has
been a significant development in the nuclear weapons
capability or nuclear weapons delivery systems capability of
the Islamic Republic of Iran, the Secretary of State shall
submit to the appropriate congressional committees an update to
the most recent diplomatic strategy submitted under paragraph
(1).
Subtitle H--Reports
SEC. 5594. MODIFICATION TO PEACEKEEPING OPERATIONS REPORT.
Section 6502 of the National Defense Authorization Act for Fiscal
Year 2022 (22 U.S.C. 2348 note) is amended--
(1) in subsection (a)--
(A) by amending paragraph (4) to read as follows:
``(4) As applicable, a description of specific training on
monitoring and adhering to international human rights and
humanitarian law provided to the foreign country or entity
receiving the assistance.''; and
(B) by striking paragraphs (7) and (8);
(2) in subsection (b)--
(A) in the subsection heading, by striking ``on
Programs Under Peacekeeping Operations Account''; and
(B) in paragraph (1), in the matter preceding
subparagraph (A)--
(i) by inserting ``authorized under section
551 of the Foreign Assistance Act of 1961 (22
U.S.C. 2348) and'' after ``security
assistance''; and
(ii) by striking ``foreign countries'' and
all that follows through the colon and
inserting ``foreign countries for any of the
following purposes:'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b), as amended, the
following:
``(c) Coordination of Submission.--The Secretary of State is
authorized to integrate the elements of the report required by
subsection (b) into other reports required to be submitted annually to
the appropriate congressional committees.''.
SEC. 5595. REPORT ON INDO-PACIFIC REGION.
(a) In General.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Assistant Secretary of State for
the Bureau of East Asian and Pacific Affairs, in coordination
with the Assistant Secretary of State for the Bureau of South
and Central Asian Affairs and Assistant Administrator for the
Bureau for Asia of the United States Agency for International
Development (USAID), shall submit to the congressional foreign
affairs committees a report that contains a 2-year strategy
assessing the resources and activities required to achieve the
policy objectives described in subsection (c).
(2) Submission and update.--The report and strategy
required by this subsection shall--
(A) be submitted at the same time as the submission
of the budget of the President (submitted to Congress
pursuant to section 1105 of title 31, United States
Code) for fiscal year 2024; and
(B) be updated and submitted at the same time as
the submission of the budget of the President
(submitted to Congress pursuant to section 1105 of
title 31, United States Code) for fiscal years 2026,
2028, and 2030.
(b) Criteria.--The report and strategy required in subsection (a)
shall be developed in accordance with the following criteria:
(1) It shall reflect the objective, autonomous, and
independent assessment of the activities, resources, and costs
required to achieve objectives detailed in subsection (c) by
the principals, the subordinate and parallel offices providing
input into the assessment.
(2) It shall cover a period of five fiscal years, beginning
with the fiscal year following the fiscal year in which the
report is submitted.
(3) It shall incorporate input from United States
Ambassadors in the Indo-Pacific region provided explicitly for
the required report.
(4) It may include information gathered through
consultation with program offices and subject matter experts in
relevant functional bureaus, as deemed necessary by the
principals.
(5) It shall not be subject to fiscal guidance or global
strategic tradeoffs associated with the annual President's
budget request.
(c) Policy Objectives.--The report and strategy required in
subsection (a) shall assess the activities and resources required to
achieve the following policy objectives:
(1) Implementing the Interim National Security Strategic
Guidance, or the most recent National Security Strategy, with
respect to the Indo-Pacific region.
(2) Implementing the 2022 Indo-Pacific Strategy, or
successor documents, that set forth the United States
Government strategy toward the Indo-Pacific region.
(3) Implementing the State-USAID Joint Strategic Plan with
respect to the Indo-Pacific region.
(4) Enhancing meaningful diplomatic and economic relations
with allies and partners in the Indo-Pacific and demonstrate an
enduring United States commitment to the region.
(5) Securing and advancing United States national interests
in the Indo-Pacific, including through countering the malign
influence of the Government of the People's Republic of China.
(d) Matters to Be Included.--The report and strategy required under
subsection (a) shall include the following:
(1) A description of the Bureaus' bilateral and
multilateral goals for the period covered in the report that
the principals deem necessary to accomplish the objectives
outlined in subsection (c), disaggregated by country and forum.
(2) A timeline with annual benchmarks for achieving the
objectives described in subsection (c).
(3) An assessment of the sufficiency of United States
diplomatic personnel and facilities currently available in the
Indo-Pacific region to achieve the objectives outlined in
subsection (c), through consultation with United States
embassies in the region. The assessment shall include:
(A) A list, in priority order, of locations in the
Indo-Pacific region that require additional diplomatic
personnel or facilities.
(B) A description of locations where the United
States may be able to collocate diplomatic personnel at
allied or partner embassies and consulates.
(C) A discussion of embassies or consulates where
diplomatic staff could be reduced within the Indo-
Pacific region, where appropriate.
(D) A detailed description of the fiscal and
personnel resources required to fill gaps identified.
(4) A detailed plan to expand United States diplomatic
engagement and foreign assistance presence in the Pacific
Island nations within the next five years, including a
description of ``quick impact'' programs that can be developed
and implemented within the first fiscal year of the period
covered in the report.
(5) A discussion of the resources needed to enhance United
States strategic messaging and spotlight coercive behavior by
the People's Republic of China.
(6) A detailed description of the resources and policy
tools needed to expand the United States ability to offer high-
quality infrastructure projects in strategically significant
parts of the Indo-Pacific region, with a particular focus on
expanding investments in Southeast Asia and the Pacific
Islands.
(7) A gap assessment of security assistance by country, and
of the resources needed to fill those gaps.
(8) A description of the resources and policy tools needed
to facilitate continued private sector investment in partner
countries in the Indo-Pacific.
(9) A discussion of any additional bilateral or regional
assistance resources needed to achieve the objectives outlined
in subsection (c), as deemed necessary by the principals.
(e) Form.--The report required under subsection (a) shall be
submitted in an unclassified form, but may include a classified annex.
(f) Availability.--Not later than February 1 each year, the
Assistant Secretary for East Asian and Pacific Affairs shall make the
report and strategy available to the Secretary of State, the
Administrator of the USAID, the Deputy Secretary of State, the Deputy
Secretary of State for Management and Resources, the Deputy
Administrator for Policy and Programming, the Deputy Administrator for
Management and Resources, the Under Secretary of State for Political
Affairs, the Director of the Office of Foreign Assistance at the
Department of State, the Director of the Bureau of Foreign Assistance
at the USAID, and the Director of Policy Planning.
(g) Definitions.--In this section:
(1) Indo-pacific region.--The term ``Indo-Pacific region''
means the countries under the jurisdiction of the Bureau for
East Asian and Pacific Affairs, as well as the countries of
Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri
Lanka.
(2) Foreign affairs committees.--The term ``foreign affairs
committees'' means--
(A) the Committee on Foreign Relations and the
Subcommittee on State, Foreign Operations, and Related
Programs of the Committee on Appropriations of the
Senate; and
(B) the Committee on Foreign Affairs and the
Subcommittee on State, Foreign Operations, Related
Programs of the Committee on Appropriations of the
House of Representatives.
(3) Principals.--The term ``principals'' means the
Assistant Secretary of State for the Bureau of East Asian and
Pacific Affairs, the Assistant Secretary of State for the
Bureau of South and Central Asian Affairs, and the Assistant
Administrator for the Bureau for Asia of the United States
Agency for International Development.
SEC. 5596. REPORT ON HUMANITARIAN SITUATION AND FOOD SECURITY IN
LEBANON.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense and in coordination with the Administrator of the
United States Agency for International Development, shall submit to the
appropriate congressional committees a report that contains an
evaluation of the humanitarian situation in Lebanon, as well as the
impact of the deficit of wheat imports due to Russia's further invasion
of Ukraine, initiated on February 24, 2022.
(b) Elements.--The report required by subsection (a) shall include
the following elements:
(1) The projected increase in malnutrition in Lebanon.
(2) The estimated increase in the number of food insecure
individuals in Lebanon.
(3) The estimated number of individuals who will be faced
with acute malnutrition due to food price inflation in Lebanon.
(4) Actions United States Government allies and partners
are taking to address the matters described in paragraphs (1),
(2), and (3).
(5) The potential impact of food insecurity in Lebanon on
Department of Defense goals and objectives in Lebanon.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in an unclassified form, but may contain a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
SEC. 5597. STATEMENT OF POLICY AND REPORT ON ENGAGING WITH NIGER.
(a) Statement of Policy.--It is the policy of the United States
to--
(1) continue to support Niger's efforts to advance
democracy, good governance, human rights, and regional security
within its borders through bilateral assistance and
multilateral initiatives;
(2) enhance engagement and cooperation with the Nigerien
Government at all levels as a key component of stabilizing the
Sahel, where frequent coups and other anti-democratic
movements, food insecurity, violent extremism, and armed
conflict threaten to further weaken governments throughout the
region; and
(3) work closely with partners and allies throughout the
international community to elevate Niger, which experienced its
first democratic transition of power in 2021, as an example of
transitioning from longstanding military governance and a cycle
of coups to a democratic, civilian-led form of government.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
heads of relevant departments and agencies, shall submit to the
appropriate congressional committees a report on interagency efforts to
enhance United States engagement with Niger as a key component of the
United States Strategy toward the Sahel. Such report shall also include
the following information with respect to the 2 fiscal years preceding
the date of the submission of the report:
(1) A description of United States efforts to promote
democracy, political pluralism, fiscal transparency and other
good governance initiatives, human rights and the rule of law,
and a robust and engaged civil society.
(2) A full, detailed breakdown of United States assistance
provided to help the Nigerien Government develop a
comprehensive national security strategy, including to counter
terrorism, regional and transnational organized crime,
intercommunal violence, and other forms of armed conflict,
criminal activity, and other threats to United States and
Nigerien national security.
(3) An analysis of relevant resources at the United States
Embassy in Niamey, including whether staff in place by the end
of the current fiscal year will be sufficient to meet various
country and regional strategic objectives.
(4) An overview of foreign partner support for Niger's
intelligence and security sector.
(5) A detailed description of United States and
international efforts to address food insecurity in Niger,
including that which is caused by deforestation,
desertification, and other climate change-related issues.
(6) A breakdown of United States funds obligated for
humanitarian assistance in Niger, and an analysis of how the
security situation in Niger has affected humanitarian
operations and diplomatic engagement throughout the country.
(7) An assessment of foreign malign influence in Niger,
with a specific focus on the People's Republic of China, the
Russian Federation, and their proxies.
(c) Form.--The report required by subsection (b) shall be submitted
in unclassified form, and may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
SEC. 5598. REPORT ON BILATERAL SECURITY AND LAW ENFORCEMENT COOPERATION
WITH MEXICO.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a report that includes the following:
(1) A description of past and current bilateral security
and law enforcement cooperation with Mexico, including through
United States Northern Command, the Department of Homeland
Security, the Department of Justice (including the Drug
Enforcement Administration), and the Department of State
(including the Bureau of International Narcotics and Law
Enforcement Affairs), including over the preceding 10 years.
(2) A summary of efforts of the Government of Mexico to
reduce impunity and strengthen judicial processes for violent
crimes and cartels across Mexico and along the United States-
Mexico border.
(3) A description and mapping of increasing cartel control
over Mexican territory and its impacts on United States
national security.
(4) An assessment of any changes in Mexico's electoral and
democratic institutions, including their ability to ensure
accountability for human rights violations, and its impacts on
national security.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex. The
unclassified portion of such report shall be published on a publicly
available website of the Federal government.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations, the Select
Committee on Intelligence, the Committee on Homeland Security
and Governmental Affairs, and the Committee on the Judiciary of
the Senate; and
(3) the Committee on Foreign Affairs, the Permanent Select
Committee on Intelligence, the Committee on Homeland Security,
and the Committee on the Judiciary of the House of
Representatives.
SEC. 5599. REPORT ON CHINESE SUPPORT TO RUSSIA WITH RESPECT TO ITS
UNPROVOKED INVASION OF AND FULL-SCALE WAR AGAINST
UKRAINE.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, and every 90 days thereafter until the sunset
specified in subsection (d), the Secretary of State, in consultation
with the Secretary of Commerce and the Director of National
Intelligence as appropriate, shall submit to the appropriate
congressional committees a report on whether and how the People's
Republic of China (PRC), including the Government of the PRC, the
Chinese Communist Party, any PRC state-owned enterprise, and any other
PRC entity, has provided support to the Russian Federation with respect
to its unprovoked invasion of and full-scale war against Ukraine.
(b) Matters to Be Included.--The report required by subsection (a)
shall include a discussion of the support provided by the PRC to the
Russian Federation with respect to--
(1) helping the Government of Russia or Russian entities
evade or circumvent United States sanctions or multilateral
sanctions and export controls;
(2) deliberately inhibiting on-site United States
Government export control end-use checks, including interviews
and investigations, in the PRC;
(3) providing Russia with any technology, including
semiconductors classified as EAR99, that supports Russian
intelligence or military capabilities;
(4) establishing economic or financial arrangements that
will have the effect of alleviating the impact of United States
sanctions or multilateral sanctions;
(5) furthering Russia's disinformation and propaganda
efforts;
(6) coordinating to hinder the response of multilateral
organizations, including the United Nations, to provide
assistance to the people or Government of Ukraine, to condemn
Russia's war, to hold Russia accountable for the invasion and
its prosecution of the war, or to hold those complicit
accountable; and
(7) providing any material, technical, or logistical
support, including to Russian military or intelligence agencies
and state-owned or state-linked enterprises.
(c) Form.--
(1) In general.--The report required by subsection (a)
shall be submitted in unclassified form and published on a
publicly available website of the Department of State.
(2) Exception.--If the Secretary, in consultation with the
Director of National Intelligence, certifies to the appropriate
congressional committees that the Secretary is unable to
include an element required under any of paragraphs (1) through
(7) of subsection (b) in an unclassified manner, the Secretary
shall provide in unclassified form an affirmative or negative
determination with respect to whether the People's Republic of
China is supporting the Russian Federation in the manner
described in each applicable such paragraph and concurrently
provide the discussion of that element to the appropriate
congressional committees at the lowest possible classification
level, consistent with the protection of sources and methods.
(d) Sunset.--The requirement to submit the report under subsection
(a) shall terminate on the earlier of--
(1) the date on which the Secretary of State determines the
conflict in Ukraine has ended; or
(2) the date that is 2 years after the date of the
enactment of this Act.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Select Committee
on Intelligence of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on Ways
and Means, and the Permanent Select Committee on Intelligence
of the House of Representatives.
SEC. 5599A. FEASIBILITY STUDY ON UNITED STATES SUPPORT FOR AND
PARTICIPATION IN THE INTERNATIONAL COUNTERTERRORISM
ACADEMY IN COTE D'IVOIRE.
(a) Statement of Policy.--It is the policy of the United States to
partner with West African governments where possible to mitigate and
counter growing regional insecurity resulting from the spread of armed
conflict and terrorism, including by providing assistance to train,
equip, and mentor West African security services to counter threats to
regional and national security through a whole-of-government approach.
(b) Feasibility Study.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in consultation with
the Secretary of Defense, shall conduct a feasibility study regarding
the provision of United States assistance for infrastructure, training,
equipment, and other forms of support to institutionalize the
International Counterterrorism Academy (Academie Internationale de
Lutte Contre le Terrorisme or AILCT) in Jacqueville, Cote d'Ivoire
that--
(1) provides a legal analysis of existing authorities to
provide United States foreign assistance dedicated to the
development and establishment of AILCT programs, initiatives,
and infrastructure for the purposes of training, equipping, and
mentoring eligible West African security services bilaterally
or in coordination with partners and allies;
(2) identifies opportunities for the United States to
leverage and support the AILCT facility to pursue national
security interests in West Africa, the Sahel, sub-Saharan
Africa, and the strategic Atlantic Ocean coastal and maritime
environments, including through training and research
activities, infrastructure development, combatting
transnational terrorist and organized crime threats, and
countering foreign malign influence throughout the region; and
(3) assesses any planned and pledged contributions from
other countries to ensure appropriate sustainment of the
facilities and burden sharing.
(c) Forms.--The feasibility study required by subsection (b) shall
be submitted in unclassified form, but may contain a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
SEC. 5599B. CONSULTATIONS ON REUNITING KOREAN AMERICANS WITH FAMILY
MEMBERS IN NORTH KOREA.
(a) Consultations.--
(1) Consultations with south korea.--The Secretary of
State, or a designee of the Secretary, should consult with
officials of South Korea, as appropriate, on potential
opportunities to reunite Korean American families with family
members in North Korea from which such Korean American families
were divided after the signing of the Korean War Armistice
Agreement, including potential opportunities for video reunions
for Korean Americans with such family members.
(2) Consultations with korean americans.--The Special Envoy
on North Korean Human Rights Issues of the Department of State
should regularly consult with representatives of Korean
Americans who have family members in North Korea with respect
to efforts to reunite families divided after the signing of the
Korean War Armistice Agreement, including potential
opportunities for video reunions for Korean Americans with such
family members.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, and annually thereafter for three years, the
Secretary of State, acting through the Special Envoy on North Korean
Human Rights Issues or other appropriate designee, shall submit to the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a report on the
consultations conducted pursuant to this section during the preceding
year.
Subtitle I--Sense of Congress Provisions
SEC. 5599C. SENSE OF CONGRESS REGARDING THE STATUS OF CHINA.
It is the sense of Congress that--
(1) the People's Republic of China is a fully
industrialized nation and no longer a developing nation; and
(2) any international agreement that provides or accords
China a favorable status or treatment as a ``developing
nation'' should be updated to reflect the status of China.
SEC. 5599D. SENSE OF CONGRESS REGARDING ISRAEL.
It is the sense of Congress that--
(1) since 1948, Israel has been one of the strongest
friends and allies of the United States;
(2) Israel is a stable, democratic country in a region
often marred by turmoil;
(3) it is essential to the strategic interest of the United
States to continue to offer security assistance and related
support to Israel; and
(4) such assistance and support is especially vital as
Israel confronts a number of potential challenges at the
present time, including continuing threats from Iran.
SEC. 5599E. SENSE OF CONGRESS RELATING TO THE NATO PARLIAMENTARY
ASSEMBLY.
It is the sense of Congress that the United States should--
(1) proactively engage with the North Atlantic Treaty
Organization (NATO) Parliamentary Assembly (PA) and its member
delegations;
(2) communicate with and educate the public on the benefits
and importance of NATO and NATO PA; and
(3) support increased inter-democracy and inter-
parliamentary cooperation on countering misinformation and
disinformation.
SEC. 5599F. CONDEMNING DETENTION AND INDICTMENT OF RUSSIAN OPPOSITION
LEADER VLADIMIR VLADIMIROVICH KARA-MURZA.
(a) Findings.--Congress finds the following:
(1) Vladimir Vladimirovich Kara-Murza (referred to in this
section as ``Mr. Kara-Murza'') has tirelessly worked for
decades to advance the cause of freedom, democracy, and human
rights for the people of the Russian Federation.
(2) In retaliation for his advocacy, two attempts have been
made on Mr. Kara-Murza's life, as--
(A) on May 26, 2015, Mr. Kara-Murza fell ill with
symptoms indicative of poisoning and was hospitalized;
and
(B) on February 2, 2017, he fell ill with similar
symptoms and was placed in a medically induced coma.
(3) Independent investigations conducted by Bellingcat, the
Insider, and Der Spiegel found that the same unit of the
Federal Security Service of the Russian Federation responsible
for poisoning Mr. Kara-Murza was responsible for poisoning
Russian opposition leader Alexei Navalny and activists Timur
Kuashev, Ruslan Magomedragimov, and Nikita Isayev.
(4) On February 24, 2022, Vladimir Putin launched another
unprovoked, unjustified, and illegal invasion into Ukraine in
contravention of the obligations freely undertaken by the
Russian Federation to respect the territorial integrity of
Ukraine under the Budapest Memorandum of 1994, the Minsk
protocols of 2014 and 2015, and international law.
(5) On March 5, 2022, Vladimir Putin signed a law
criminalizing the distribution of truthful statements about the
invasion of Ukraine by the Russian Federation and mandating up
to 15 years in prison for such offenses.
(6) Since February 24, 2022, Mr. Kara-Murza has used his
voice and platform to join more than 15,000 citizens of the
Russian Federation in peacefully protesting the war against
Ukraine and millions more who silently oppose the war.
(7) On April 11, 2022, five police officers arrested Mr.
Kara-Murza in front of his home and denied his right to an
attorney, and the next day Mr. Kara-Murza was sentenced to 15
days in prison for disobeying a police order.
(8) On April 22, 2022, the Investigative Committee of the
Russian Federation charged Mr. Kara-Murza with violations under
the law signed on March 5, 2022, for his fact-based statements
condemning the invasion of Ukraine by the Russian Federation.
(9) Mr. Kara-Murza was then placed into pretrial detention
and ordered to be held until at least June 12, 2022.
(10) If convicted of those charges, Mr. Kara-Murza faces
detention in a penitentiary system that human rights
nongovernmental organizations have criticized for widespread
torture, ill-treatment, and suspicious deaths of prisoners.
(b) Sense of Congress.--It is the sense of Congress that Congress--
(1) condemns the unjust detention and indicting of Russian
opposition leader Vladimir Vladimirovich Kara-Murza, who has
courageously stood up to oppression in the Russian Federation;
(2) expresses solidarity with Vladimir Vladimirovich Kara-
Murza, his family, and all individuals in the Russian
Federation imprisoned for exercising their fundamental freedoms
of speech, assembly, and belief;
(3) urges the United States Government and other allied
governments to work to secure the immediate release of Vladimir
Vladimirovich Kara-Murza, Alexei Navalny, and other citizens of
the Russian Federation imprisoned for opposing the regime of
Vladimir Putin and the war against Ukraine; and
(4) calls on the President to increase support provided by
the United States Government for those advocating for democracy
and independent media in the Russian Federation, which Vladimir
Vladimirovich Kara-Murza has worked to advance.
SEC. 5599G. SENSE OF CONGRESS REGARDING DEVELOPMENT OF NUCLEAR WEAPONS
BY IRAN.
Congress--
(1) reiterates its commitment to ensuring Iran will never
acquire a nuclear weapon;
(2) supports the important work of the International Atomic
Energy Agency (IAEA) in safeguarding nuclear material around
the globe;
(3) condemns Iran for its lack of transparency and
meaningful cooperation with the IAEA on the unresolved matter
of uranium particles discovered at undeclared sites in Iran and
additional escalatory actions related to its nuclear program;
and
(4) applauds the IAEA Board of Governors' resolution urging
Iran's full cooperation with the IAEA on outstanding safeguards
issues on an urgent basis.
TITLE LVI--TRANSPORTATION AND INFRASTRUCTURE
Sec. 5601. Designation of small State and rural advocate.
Sec. 5602. Flexibility.
Sec. 5603. Preliminary damage assessment.
Sec. 5604. Letter of deviation authority.
Sec. 5605. Recognizing FEMA support.
SEC. 5601. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.
(a) In General.--Section 326(c) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5165d) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) assist States in the collection and presentation of
material in the disaster or emergency declaration request
relevant to demonstrate severe localized impacts within the
State for a specific incident, including--
``(A) the per capita personal income by local area,
as calculated by the Bureau of Economic Analysis;
``(B) the disaster impacted population profile, as
reported by the Bureau of the Census, including--
``(i) the percentage of the population for
whom poverty status is determined;
``(ii) the percentage of the population
already receiving Government assistance such as
Supplemental Security Income and Supplemental
Nutrition Assistance Program benefits;
``(iii) the pre-disaster unemployment rate;
``(iv) the percentage of the population
that is 65 years old and older;
``(v) the percentage of the population 18
years old and younger;
``(vi) the percentage of the population
with a disability;
``(vii) the percentage of the population
who speak a language other than English and
speak English less than `very well'; and
``(viii) any unique considerations
regarding American Indian and Alaskan Native
Tribal populations raised in the State's
request for a major disaster declaration that
may not be reflected in the data points
referenced in this subparagraph;
``(C) the impact to community infrastructure,
including--
``(i) disruptions to community life-saving
and life-sustaining services;
``(ii) disruptions or increased demand for
essential community services; and
``(iii) disruptions to transportation,
infrastructure, and utilities; and
``(D) any other information relevant to demonstrate
severe local impacts; and''.
(b) GAO Review of a Final Rule.--
(1) In general.--The Comptroller General of the United
States shall conduct a review of the Federal Emergency
Management Agency's implementation of its final rule, published
on March 21, 2019, amending section 206.48(b) of title 44, Code
of Federal Regulations (regarding factors considered when
evaluating a Governor's request for a major disaster
declaration), which revised the factors that the Agency
considers when evaluating a Governor's request for a major
disaster declaration authorizing individual assistance under
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq).
(2) Scope.--The review required under paragraph (1) shall
include the following:
(A) An assessment of the criteria used by the
Agency to assess individual assistance requests
following a major disaster declaration authorizing
individual assistance.
(B) An assessment of the consistency with which the
Agency uses the updated Individual Assistance
Declaration Factors when assessing the impact of
individual communities after a major disaster
declaration.
(C) An assessment of the impact, if any, of using
the updated Individual Assistance Declaration Factors
has had on equity in disaster recovery outcomes.
(D) Recommendations to improve the use of the
Individual Assistance Declaration Factors to increase
equity in disaster recovery outcomes.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the review
required under this section.
SEC. 5602. FLEXIBILITY.
(a) In General.--Section 1216(a) of the Disaster Recovery Reform
Act of 2018 (42 U.S.C. 5174a(a)) is amended--
(1) by amending paragraph (2)(A) to read as follows:
``(A) except as provided in subparagraph (B),
shall--
``(i) waive a debt owed to the United
States related to covered assistance provided
to an individual or household if the covered
assistance was distributed based on an error by
the Agency and such debt shall be construed as
a hardship; and
``(ii) waive a debt owed to the United
States related to covered assistance provided
to an individual or household if such
assistance is subject to a claim or legal
action, including in accordance with section of
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5160);
and''; and
(2) in paragraph (3)(B)--
(A) by striking ``Removal of'' and inserting
``Report on''; and
(B) in clause (ii) by striking ``the authority of
the Administrator to waive debt under paragraph (2)
shall no longer be effective'' and inserting ``the
Administrator shall report to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate actions that the
Administrator will take to reduce the error rate''.
(b) Report to Congress.--The Administrator of the Federal Emergency
Management Agency shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report
containing a description of the internal processes used to make
decisions regarding the distribution of covered assistance under
section 1216 of the Disaster Recovery and Reform Act of 2018 (42 U.S.C.
a) and any changes made to such processes.
SEC. 5603. PRELIMINARY DAMAGE ASSESSMENT.
(a) Findings.--Congress finds the following:
(1) Preliminary damage assessments play a critical role in
assessing and validating the impact and magnitude of a
disaster.
(2) Through the preliminary damage assessment process,
representatives from the Federal Emergency Management Agency
validate information gathered by State and local officials that
serves as the basis for disaster assistance requests.
(3) Various factors can impact the duration of a
preliminary damage assessment and the corresponding submission
of a major disaster request, however, the average time between
when a disaster occurs, and the submission of a corresponding
disaster request has been found to be approximately twenty days
longer for flooding disasters.
(4) With communities across the country facing increased
instances of catastrophic flooding and other extreme weather
events, accurate and efficient preliminary damage assessments
have become critically important to the relief process for
impacted States and municipalities.
(b) Report to Congress.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall submit to Congress a report
describing the preliminary damage assessment process, as
supported by the Federal Emergency Management Agency in the 5
years before the date of enactment of this Act.
(2) Contents.--The report described in paragraph (1) shall
contain the following:
(A) The process of the Federal Emergency Management
Agency for deploying personnel to support preliminary
damage assessments.
(B) The number of Agency staff participating on
disaster assessment teams.
(C) The training and experience of such staff
described in subparagraph (B).
(D) A calculation of the average amount of time
disaster assessment teams described in subparagraph (A)
are deployed to a disaster area.
(E) The efforts of the Agency to maintain a
consistent liaison between the Agency and State, local,
tribal, and territorial officials within a disaster
area.
(c) Preliminary Damage Assessment.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall convene an advisory panel
consisting of emergency management personnel employed by State,
local, territorial, or tribal authorities, and the
representative organizations of such personnel to assist the
Agency in improving critical components of the preliminary
damage assessment process.
(2) Membership.--
(A) In general.--This advisory panel shall consist
of at least 2 representatives from national emergency
management organizations and at least 1 representative
from each of the 10 regions of the Federal Emergency
Management Agency, selected from emergency management
personnel employed by State, local, territorial, or
tribal authorities within each region.
(B) Inclusion on panel.--To the furthest extent
practicable, representation on the advisory panel shall
include emergency management personnel from both rural
and urban jurisdictions.
(3) Considerations.--The advisory panel convened under
paragraph (1) shall--
(A) consider--
(i) establishing a training regime to
ensure preliminary damage assessments are
conducted and reviewed under consistent
guidelines;
(ii) utilizing a common technological
platform to integrate data collected by State
and local governments with data collected by
the Agency; and
(iii) assessing instruction materials
provided by the Agency for omissions of
pertinent information or language that
conflicts with other statutory requirements;
and
(B) identify opportunities for streamlining the
consideration of preliminary damage assessments by the
Agency, including eliminating duplicative paperwork
requirements and ensuring consistent communication and
decision making among Agency staff.
(4) Interim report.--Not later than 18 months after the
date of enactment of this Act, the Administrator shall submit
to Congress a report regarding the findings of the advisory
panel, steps that will be undertaken by the Agency to implement
the findings of the advisory panel, and additional legislation
that may be necessary to implement the findings of the advisory
panel.
(5) Rulemaking and final report.--Not later than 2 years
after the date of enactment of this Act, the Administrator
shall issue such regulations as are necessary to implement the
recommendations of the advisory panel and submit to Congress a
report discussing--
(A) the implementation of recommendations from the
advisory panel;
(B) the identification of any additional challenges
to the preliminary damage assessment process, including
whether specific disasters result in longer preliminary
damage assessments; and
(C) any additional legislative recommendations
necessary to improve the preliminary damage assessment
process.
SEC. 5604. LETTER OF DEVIATION AUTHORITY.
A flight instructor, registered owner, lessor, or lessee of an
aircraft shall not be required to obtain a letter of deviation
authority from the Administrator of the Federal Aviation Administration
to allow, conduct or receive flight training, checking, and testing in
an experimental aircraft if--
(1) the flight instructor is not providing both the
training and the aircraft;
(2) no person advertises or broadly offers the aircraft as
available for flight training, checking, or testing; and
(3) no person receives compensation for use of the aircraft
for a specific flight during which flight training, checking,
or testing was received, other than expenses for owning,
operating, and maintaining the aircraft.
SEC. 5605. RECOGNIZING FEMA SUPPORT.
Congress finds the following:
(1) The Federal Emergency Management Agency provides vital
support to communities and disaster survivors in the aftermath
of major disasters, including housing assistance for
individuals and families displaced from their homes.
(2) The Federal Emergency Management Agency should be
encouraged to study the idea integrating collapsible shelters
for appropriate non-congregate sheltering needs into the
disaster preparedness stockpile.
TITLE LVII--FINANCIAL SERVICES MATTERS
TITLE LVII--FINANCIAL SERVICES MATTERS
Sec. 5701. United States policy on World Bank Group and Asian
Development Bank assistance to the People's
Republic of China.
Sec. 5702. Support for international initiatives to provide debt
restructuring or relief to developing
countries with unsustainable levels of
debt.
Sec. 5703. Ukraine debt payment relief.
Sec. 5704. Isolate Russian Government Officials Act of 2022.
Sec. 5705. Fair hiring in banking.
Sec. 5706. Banking Transparency for Sanctioned Persons Act of 2022.
Sec. 5707. Flexibility in addressing rural homelessness.
Sec. 5708. Master account and services database.
SEC. 5701. UNITED STATES POLICY ON WORLD BANK GROUP AND ASIAN
DEVELOPMENT BANK ASSISTANCE TO THE PEOPLE'S REPUBLIC OF
CHINA.
(a) In General.--Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p et seq.) is amended by adding at the
end the following:
``SEC. 1632. UNITED STATES POLICY ON WORLD BANK GROUP AND ASIAN
DEVELOPMENT BANK ASSISTANCE TO THE PEOPLE'S REPUBLIC OF
CHINA.
``(a) In General.--The Secretary of the Treasury shall instruct the
United States Executive Director at each international financial
institution of the World Bank Group and at the Asian Development Bank
to use the voice and vote of the United States at the respective
institution to vote against the provision of any loan, extension of
financial assistance, or technical assistance to the People's Republic
of China unless the Secretary of the Treasury has certified to the
appropriate congressional committees that--
``(1) the Government of the People's Republic of China and
any lender owned or controlled by the Government of the
People's Republic of China have demonstrated a commitment--
``(A) to the rules and principles of the Paris
Club, or of other similar coordinated multilateral
initiatives on debt relief and debt restructuring in
which the United States participates, including with
respect to debt transparency and appropriate burden-
sharing among all creditors;
``(B) to the practice of presumptive public
disclosure of the terms and conditions on which they
extend credit to other governments (without regard to
the form of any such extension of credit);
``(C) not to enforce any agreement terms that may
impair their own or the borrowers' capacity fully to
implement any commitment described in subparagraph (A)
or (B); and
``(D) not to enter into any agreement containing
terms that may impair their own or the borrowers'
capacity fully to implement any commitment described in
subparagraph (A) or (B); or
``(2) the loan or assistance is important to the national
interest of the United States, as described in a detailed
explanation by the Secretary to accompany the certification.
``(b) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Financial Services of the House of Representatives and the
Committee on Foreign Relations of the Senate.
``(2) World bank group.--The term `World Bank Group' means
the International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, and the Multilateral Investment Guarantee
Agency.''.
(b) Sunset.--The amendment made by subsection (a) is repealed
effective on the date that is 7 years after the effective date of this
section.
SEC. 5702. SUPPORT FOR INTERNATIONAL INITIATIVES TO PROVIDE DEBT
RESTRUCTURING OR RELIEF TO DEVELOPING COUNTRIES WITH
UNSUSTAINABLE LEVELS OF DEBT.
(a) In General.--Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p et seq.), as amended by section 5701,
is further amended by adding at the end the following:
``SEC. 1633. SUPPORT FOR INTERNATIONAL INITIATIVES TO PROVIDE DEBT
RESTRUCTURING OR RELIEF TO DEVELOPING COUNTRIES WITH
UNSUSTAINABLE LEVELS OF DEBT.
``(a) Debt Relief.--The Secretary of the Treasury, in consultation
with the Secretary of State, shall--
``(1) engage with international financial institutions, the
G20, and official and commercial creditors to advance support
for prompt and effective implementation and improvement of the
Common Framework for Debt Treatments beyond the DSSI (in this
section referred to as the `Common Framework'), or any
successor framework or similar coordinated international debt
treatment process in which the United States participates
through the establishment and publication of clear and
accountable--
``(A) debt treatment benchmarks designed to achieve
debt sustainability for each participating debtor;
``(B) standards for appropriate burden-sharing
among all creditors with material claims on each
participating debtor, without regard for their
official, private, or hybrid status;
``(C) robust debt disclosure by creditors,
including the People's Republic of China, and debtor
countries, including inter-creditor data-sharing and,
to the maximum extent practicable, public disclosure of
material terms and conditions of claims on
participating debtors;
``(D) expansion of Common Framework country
eligibility to lower middle-income countries who
otherwise meet the existing criteria;
``(E) improvements to the Common Framework process
with the aim of ensuring access to debt relief in a
timely manner for those countries eligible and who
request treatment; and
``(F) consistent enforcement and improvement of the
policies of multilateral institutions relating to
asset-based and revenue-based borrowing by
participating debtors, and coordinated standards on
restructuring collateralized debt;
``(2) engage with international financial institutions and
official and commercial creditors to advance support, as the
Secretary finds appropriate, for debt restructuring or debt
relief for each participating debtor, including, on a case-by-
case basis, a debt standstill, if requested by the debtor
country through the Common Framework process from the time of
conclusion of a staff-level agreement with the International
Monetary Fund, and until the conclusion of a memorandum of
understanding with its creditor committee pursuant to the
Common Framework, or any successor framework or similar
coordinated international debt treatment process in which the
United States participates; and
``(3) instruct the United States Executive Director at the
International Monetary Fund and the United States Executive
Director at the World Bank to use the voice and vote of the
United States to advance the efforts described in paragraphs
(1) and (2).
``(b) Reporting Requirement.--Not later than 120 days after the
date of the enactment of this section, and annually thereafter, the
Secretary of the Treasury, in coordination with the Secretary of State,
shall submit to the Committees on Banking, Housing, and Urban Affairs
and Foreign Relations of the Senate and the Committees on Financial
Services and Foreign Affairs of the House of Representatives a report
that describes--
``(1) any actions that have been taken, in coordination
with international financial institutions, by official
creditors, including the government of, and state-owned
enterprises in, the People's Republic of China, and relevant
commercial creditor groups to advance debt restructuring or
relief for countries with unsustainable debt that have sought
restructuring or relief under the Common Framework, any
successor framework or mechanism, or under any other
coordinated international arrangement for sovereign debt
restructuring in which the United States participates;
``(2) any implementation challenges that hinder the ability
of the Common Framework to provide timely debt restructuring
for any country with unsustainable debt that seeks debt
restructuring or debt payment relief, including any refusal of
a creditor to participate in appropriate burden-sharing,
including failure to share (or publish, as appropriate) all
material information needed to assess debt sustainability; and
``(3) recommendations on how to address any challenges
identified in paragraph (2).''.
(b) Sunset.--The amendment made by subsection (a) is repealed
effective on the date that is 5 years after the effective date of this
section.
SEC. 5703. UKRAINE DEBT PAYMENT RELIEF.
(a) Suspension of Multilateral Debt Payments of Ukraine.--
(1) United states position in the international financial
institutions.--The Secretary of the Treasury shall instruct the
United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of the
International Financial Institutions Act) to use the voice,
vote, and influence of the United States to advocate that the
respective institution immediately provide appropriate debt
service relief to Ukraine.
(2) Official bilateral and commercial debt service payment
relief.--The Secretary of the Treasury, working in coordination
with the Secretary of State, shall commence immediate efforts
with other governments and commercial creditor groups, through
the Paris Club of Official Creditors and other bilateral and
multilateral frameworks, both formal and informal, to pursue
comprehensive debt payment relief for Ukraine.
(3) Multilateral financial support for ukraine.--The
Secretary of the Treasury shall direct the United States
Executive Director at each international financial institution
(as defined in section 1701(c)(2) of the International
Financial Institutions Act) to use the voice and vote of the
United States to support, to the extent practicable, the
provision of concessional financial assistance for Ukraine.
(4) Multilateral financial support for refugees.--The
Secretary of the Treasury shall direct the United States
Executive Director at each international financial institution
(as defined in section 1701(c)(2) of the International
Financial Institutions Act) to use the voice and vote of the
United States to seek to provide economic support for refugees
from Ukraine, including refugees of African and Asian descent,
and for countries receiving refugees from Ukraine that are
eligible for assistance from the multilateral development
banks.
(b) Report to the Congress.--Not later than December 31 of each
year, the President shall--
(1) submit to the Committees on Financial Services, on
Appropriations, and on Foreign Affairs of the House of
Representatives and the Committees on Foreign Relations and on
Appropriations of the Senate, a report on the activities
undertaken under this section; and
(2) make public a copy of the report.
(c) Waiver and Termination.--
(1) Waiver.--The President may waive the application of
this section if the President determines that a waiver is in
the national interest of the United States and reports to the
Congress an explanation of the reasons therefor.
(2) Termination.--This section shall have no force or
effect on the earlier of--
(A) the date that is 7 years after the date of the
enactment of this Act; or
(B) the date that is 30 days after the date on
which the President reports to Congress that the
Government of the Russian Federation has ceased its
destabilizing activities with respect to the
sovereignty and territorial integrity of Ukraine.
SEC. 5704. ISOLATE RUSSIAN GOVERNMENT OFFICIALS ACT OF 2022.
(a) Statement of Policy.--It is the policy of the United States to
seek to exclude government officials of the Russian Federation, to the
maximum extent practicable, from participation in meetings,
proceedings, and other activities of the following organizations:
(1) Group of 20.
(2) Bank for International Settlements.
(3) Basel Committee for Banking Standards.
(4) Financial Stability Board.
(5) International Association of Insurance Supervisors.
(6) International Organization of Securities Commissions.
(b) Implementation.--The Secretary of the Treasury, the Board of
Governors of the Federal Reserve System, and the Securities and
Exchange Commission, as the case may be, shall take all necessary steps
to advance the policy set forth in subsection (a).
(c) Termination.--This section shall have no force or effect on the
earlier of--
(1) the date that is 5 years after the date of the
enactment of this Act; or
(2) the date that is 30 days after the date on which the
President reports to Congress that the Government of the
Russian Federation has ceased its destabilizing activities with
respect to the sovereignty and territorial integrity of
Ukraine.
(d) Waiver.--The President may waive the application of this
section if the President reports to the Congress that the waiver is in
the national interest of the United States and includes an explanation
of the reasons therefor.
SEC. 5705. FAIR HIRING IN BANKING.
(a) Federal Deposit Insurance Act.--Section 19 of the Federal
Deposit Insurance Act (12 U.S.C. 1829) is amended--
(1) by inserting after subsection (b) the following:
``(c) Exceptions.--
``(1) Certain older offenses.--
``(A) In general.--With respect to an individual,
subsection (a) shall not apply to an offense if--
``(i) it has been 7 years or more since the
offense occurred; or
``(ii) the individual was incarcerated with
respect to the offense and it has been 5 years
or more since the individual was released from
incarceration.
``(B) Offenses committed by individuals 21 or
younger.--For individuals who committed an offense when
they were 21 years of age or younger, subsection (a)
shall not apply to the offense if it has been more than
30 months since the sentencing occurred.
``(C) Limitation.--This paragraph shall not apply
to an offense described under subsection (a)(2).
``(2) Expungement and sealing.--With respect to an
individual, subsection (a) shall not apply to an offense if--
``(A) there is an order of expungement, sealing, or
dismissal that has been issued in regard to the
conviction in connection with such offense; and
``(B) it is intended by the language in the order
itself, or in the legislative provisions under which
the order was issued, that the conviction shall be
destroyed or sealed from the individual's State,
Tribal, or Federal record, even if exceptions allow the
record to be considered for certain character and
fitness evaluation purposes.
``(3) De minimis exemption.--
``(A) In general.--Subsection (a) shall not apply
to such de minimis offenses as the Corporation
determines, by rule.
``(B) Confinement criteria.--In issuing rules under
subparagraph (A), the Corporation shall include a
requirement that the offense was punishable by a term
of three years or less confined in a correctional
facility, where such confinement--
``(i) is calculated based on the time an
individual spent incarcerated as a punishment
or a sanction, not as pretrial detention; and
``(ii) does not include probation or parole
where an individual was restricted to a
particular jurisdiction or was required to
report occasionally to an individual or a
specific location.
``(C) Bad check criteria.--In setting the criteria
for de minimis offenses under subparagraph (A), if the
Corporation establishes criteria with respect to
insufficient funds checks, the Corporation shall
require that the aggregate total face value of all
insufficient funds checks across all convictions or
program entries related to insufficient funds checks is
$2,000 or less.
``(D) Designated lesser offenses.--Subsection (a)
shall not apply to certain lesser offenses (including
the use of a fake ID, shoplifting, trespass, fare
evasion, driving with an expired license or tag, and
such other low-risk offenses as the Corporation may
designate) if 1 year or more has passed since the
applicable conviction or program entry.''; and
(2) by adding at the end the following:
``(f) Consent Applications.--
``(1) In general.--The Corporation shall accept consent
applications from an individual and from an insured depository
institution or depository institution holding company on behalf
of an individual that are filed separately or contemporaneously
with a regional office of the Corporation.
``(2) Sponsored applications filed with regional offices.--
Consent applications filed at a regional office of the
Corporation by an insured depository institution or depository
institution holding company on behalf of an individual--
``(A) shall be reviewed by such office;
``(B) may be approved or denied by such office, if
such authority has been delegated to such office by the
Corporation; and
``(C) may only be denied by such office if the
general counsel of the Corporation (or a designee)
certifies that the denial is consistent with this
section.
``(3) Individual applications filed with regional
offices.--Consent applications filed at a regional office by an
individual--
``(A) shall be reviewed by such office; and
``(B) may be approved or denied by such office, if
such authority has been delegated to such office by the
Corporation, except with respect to--
``(i) cases involving an offense described
under subsection (a)(2); and
``(ii) such other high-level security cases
as may be designated by the Corporation.
``(4) National office review.--The national office of the
Corporation shall--
``(A) review any consent application with respect
to which a regional office is not authorized to approve
or deny the application; and
``(B) review any consent application that is denied
by a regional office, if the individual requests a
review by the national office.
``(5) Forms and instructions.--
``(A) Availability.--The Corporation shall make all
forms and instructions related to consent applications
available to the public, including on the website of
the Corporation.
``(B) Contents.--The forms and instructions
described under subparagraph (A) shall provide a sample
cover letter and a comprehensive list of items that may
accompany the application, including clear guidance on
evidence that may support a finding of rehabilitation.
``(6) Consideration of criminal history.--
``(A) Regional office consideration.--In reviewing
a consent application, a regional office shall--
``(i) primarily rely on the criminal
history record of the Federal Bureau of
Investigation; and
``(ii) provide such record to the applicant
to review for accuracy.
``(B) Certified copies.--The Corporation may not
require an applicant to provide certified copies of
criminal history records unless the Corporation
determines that there is a clear and compelling
justification to require additional information to
verify the accuracy of the criminal history record of
the Federal Bureau of Investigation.
``(7) Consideration of rehabilitation.--Consistent with
title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et
seq.), the Corporation shall--
``(A) conduct an individualized assessment when
evaluating consent applications that takes into account
evidence of rehabilitation, the applicant's age at the
time of the conviction or program entry, the time that
has elapsed since conviction or program entry, and the
relationship of individual's offense to the
responsibilities of the applicable position;
``(B) consider the individual's employment history,
letters of recommendation, certificates documenting
participation in substance abuse programs, successful
participating in job preparation and educational
programs, and other relevant mitigating evidence; and
``(C) consider any additional information the
Corporation determines necessary for safety and
soundness.
``(8) Scope of employment.--With respect to an approved
consent application filed by an insured depository institution
or depository institution holding company on behalf of an
individual, if the Corporation determines it appropriate, such
approved consent application shall allow the individual to work
for the same employer (without restrictions on the location)
and across positions, except that the prior consent of the
Corporation (which may require a new application) shall be
required for any proposed significant changes in the
individual's security-related duties or responsibilities, such
as promotion to an officer or other positions that the employer
determines will require higher security screening credentials.
``(9) Coordination with the ncua.--In carrying out this
section, the Corporation shall consult and coordinate with the
National Credit Union Administration as needed to promote
consistent implementation where appropriate.
``(g) Definitions.--In this section:
``(1) Consent application.--The term `consent application'
means an application filed with Corporation by an individual
(or by an insured depository institution or depository
institution holding company on behalf of an individual) seeking
the written consent of the Corporation under subsection (a)(1).
``(2) Criminal offense involving dishonesty.--The term
`criminal offense involving dishonesty'--
``(A) means an offense under which an individual,
directly or indirectly--
``(i) cheats or defrauds; or
``(ii) wrongfully takes property belonging
to another in violation of a criminal statute;
``(B) includes an offense that Federal, State, or
local law defines as dishonest, or for which dishonesty
is an element of the offense; and
``(C) does not include--
``(i) a misdemeanor criminal offense
committed more than one year before the date on
which an individual files a consent
application, excluding any period of
incarceration; or
``(ii) an offense involving the possession
of controlled substances.
``(3) Pretrial diversion or similar program.--The term
`pretrial diversion or similar program' means a program
characterized by a suspension or eventual dismissal or reversal
of charges or criminal prosecution upon agreement by the
accused to restitution, drug or alcohol rehabilitation, anger
management, or community service.''.
(b) Federal Credit Union Act.--Section 205(d) of the Federal Credit
Union Act (12 U.S.C. 1785(d)) is amended by adding at the end the
following:
``(4) Exceptions.--
``(A) Certain older offenses.--
``(i) In general.--With respect to an
individual, paragraph (1) shall not apply to an
offense if--
``(I) it has been 7 years or more
since the offense occurred; or
``(II) the individual was
incarcerated with respect to the
offense and it has been 5 years or more
since the individual was released from
incarceration.
``(ii) Offenses committed by individuals 21
or younger.--For individuals who committed an
offense when they were 21 years of age or
younger, paragraph (1) shall not apply to the
offense if it has been more than 30 months
since the sentencing occurred.
``(iii) Limitation.--This subparagraph
shall not apply to an offense described under
paragraph (1)(B).
``(B) Expungement and sealing.--With respect to an
individual, paragraph (1) shall not apply to an offense
if--
``(i) there is an order of expungement,
sealing, or dismissal that has been issued in
regard to the conviction in connection with
such offense; and
``(ii) it is intended by the language in
the order itself, or in the legislative
provisions under which the order was issued,
that the conviction shall be destroyed or
sealed from the individual's State, Tribal, or
Federal record, even if exceptions allow the
record to be considered for certain character
and fitness evaluation purposes.
``(C) De minimis exemption.--
``(i) In general.--Paragraph (1) shall not
apply to such de minimis offenses as the Board
determines, by rule.
``(ii) Confinement criteria.--In issuing
rules under clause (i), the Board shall include
a requirement that the offense was punishable
by a term of three years or less confined in a
correctional facility, where such confinement--
``(I) is calculated based on the
time an individual spent incarcerated
as a punishment or a sanction, not as
pretrial detention; and
``(II) does not include probation
or parole where an individual was
restricted to a particular jurisdiction
or was required to report occasionally
to an individual or a specific
location.
``(iii) Bad check criteria.--In setting the
criteria for de minimis offenses under clause
(i), if the Board establishes criteria with
respect to insufficient funds checks, the Board
shall require that the aggregate total face
value of all insufficient funds checks across
all convictions or program entries related to
insufficient funds checks is $2,000 or less.
``(iv) Designated lesser offenses.--
Paragraph (1) shall not apply to certain lesser
offenses (including the use of a fake ID,
shoplifting, trespass, fare evasion, driving
with an expired license or tag, and such other
low-risk offenses as the Board may designate)
if 1 year or more has passed since the
applicable conviction or program entry.
``(5) Consent applications.--
``(A) In general.--The Board shall accept consent
applications from an individual and from an insured
credit union on behalf of an individual that are filed
separately or contemporaneously with a regional office
of the Board.
``(B) Sponsored applications filed with regional
offices.--Consent applications filed at a regional
office of the Board by an insured credit union on
behalf of an individual--
``(i) shall be reviewed by such office;
``(ii) may be approved or denied by such
office, if such authority has been delegated to
such office by the Board; and
``(iii) may only be denied by such office
if the general counsel of the Board (or a
designee) certifies that the denial is
consistent with this section.
``(C) Individual applications filed with regional
offices.--Consent applications filed at a regional
office by an individual--
``(i) shall be reviewed by such office; and
``(ii) may be approved or denied by such
office, if such authority has been delegated to
such office by the Board, except with respect
to--
``(I) cases involving an offense
described under paragraph (1)(B); and
``(II) such other high-level
security cases as may be designated by
the Board.
``(D) National office review.--The national office
of the Board shall--
``(i) review any consent application with
respect to which a regional office is not
authorized to approve or deny the application;
and
``(ii) review any consent application that
is denied by a regional office, if the
individual requests a review by the national
office.
``(E) Forms and instructions.--
``(i) Availability.--The Board shall make
all forms and instructions related to consent
applications available to the public, including
on the website of the Board.
``(ii) Contents.--The forms and
instructions described under clause (i) shall
provide a sample cover letter and a
comprehensive list of items that may accompany
the application, including clear guidance on
evidence that may support a finding of
rehabilitation.
``(F) Consideration of criminal history.--
``(i) Regional office consideration.--In
reviewing a consent application, a regional
office shall--
``(I) primarily rely on the
criminal history record of the Federal
Bureau of Investigation; and
``(II) provide such record to the
applicant to review for accuracy.
``(ii) Certified copies.--The Board may not
require an applicant to provide certified
copies of criminal history records unless the
Board determines that there is a clear and
compelling justification to require additional
information to verify the accuracy of the
criminal history record of the Federal Bureau
of Investigation.
``(G) Consideration of rehabilitation.--Consistent
with title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.), the Board shall--
``(i) conduct an individualized assessment
when evaluating consent applications that takes
into account evidence of rehabilitation, the
applicant's age at the time of the conviction
or program entry, the time that has elapsed
since conviction or program entry, and the
relationship of individual's offense to the
responsibilities of the applicable position;
``(ii) consider the individual's employment
history, letters of recommendation,
certificates documenting participation in
substance abuse programs, successful
participating in job preparation and
educational programs, and other relevant
mitigating evidence; and
``(iii) consider any additional information
the Board determines necessary for safety and
soundness.
``(H) Scope of employment.--With respect to an
approved consent application filed by an insured credit
union on behalf of an individual, if the Board
determines it appropriate, such approved consent
application shall allow the individual to work for the
same employer (without restrictions on the location)
and across positions, except that the prior consent of
the Board (which may require a new application) shall
be required for any proposed significant changes in the
individual's security-related duties or
responsibilities, such as promotion to an officer or
other positions that the employer determines will
require higher security screening credentials.
``(I) Coordination with fdic.--In carrying out this
subsection, the Board shall consult and coordinate with
the Federal Deposit Insurance Corporation as needed to
promote consistent implementation where appropriate.
``(6) Definitions.--In this subsection:
``(A) Consent application.--The term `consent
application' means an application filed with Board by
an individual (or by an insured credit union on behalf
of an individual) seeking the written consent of the
Board under paragraph (1)(A).
``(B) Criminal offense involving dishonesty.--The
term `criminal offense involving dishonesty'--
``(i) means an offense under which an
individual, directly or indirectly--
``(I) cheats or defrauds; or
``(II) wrongfully takes property
belonging to another in violation of a
criminal statute;
``(ii) includes an offense that Federal,
State, or local law defines as dishonest, or
for which dishonesty is an element of the
offense; and
``(iii) does not include--
``(I) a misdemeanor criminal
offense committed more than one year
before the date on which an individual
files a consent application, excluding
any period of incarceration; or
``(II) an offense involving the
possession of controlled substances.
``(C) Pretrial diversion or similar program.--The
term `pretrial diversion or similar program' means a
program characterized by a suspension or eventual
dismissal or reversal of charges or criminal
prosecution upon agreement by the accused to
restitution, drug or alcohol rehabilitation, anger
management, or community service.''.
(c) Review and Report to Congress.--Not later than the end of the
2-year period beginning on the date of enactment of this Act, the
Federal Deposit Insurance Corporation and the National Credit Union
Administration shall--
(1) review the rules issued to carry out this Act and the
amendments made by this Act on--
(A) the application of section 19 of the Federal
Deposit Insurance Act (12 U.S.C. 1829) and section
205(d) of the Federal Credit Union Act (12 U.S.C.
1785(d));
(B) the number of applications for consent
applications under such sections; and
(C) the rates of approval and denial for consent
applications under such sections;
(2) make the results of the review required under paragraph
(1) available to the public; and
(3) issue a report to Congress containing any legislative
or regulatory recommendations for expanding employment
opportunities for those with a previous minor criminal offense.
SEC. 5706. BANKING TRANSPARENCY FOR SANCTIONED PERSONS ACT OF 2022.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Secretary of the
Treasury shall issue a report to the Committees on Financial Services
and Foreign Affairs of the House of Representatives and the Committees
on Banking, Housing, and Urban Affairs and Foreign Relations of the
Senate that includes a list of specific licenses issued by the
Secretary in the preceding 365 days that authorizes a U.S. financial
institution (as defined under section 561.309 of title 31, Code of
Federal Regulations) to provide financial services to any of the
following:
(1) The government of a state sponsor of terrorism.
(2) A person sanctioned pursuant to any of the following:
(A) Section 404 of the Russia and Moldova Jackson-
Vanik Repeal and Sergei Magnitsky Rule of Law
Accountability Act of 2012 (Public Law 112-208).
(B) Subtitle F of title XII of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-
328, the Global Magnitsky Human Rights Accountability
Act).
(C) Executive Order No. 13818.
(b) Submission of Copies of Licenses on Request.--The Secretary of
the Treasury shall expeditiously provide a copy of any license
identified in a report required by subsection (a) to the Committee on
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate if an appropriate
Member of Congress requests a copy of that license not later than 60
days after submission of the report.
(c) Business Confidential Information.--
(1) In general.--The Secretary of the Treasury shall, in
the report under subsection (a) and any submissions under
subsection (b), identify any proprietary information submitted
by any private sector representative and mark such information
as ``business confidential information''.
(2) Treatment as trade secrets.--Business confidential
information described under paragraph (1) shall be considered
to be a matter falling within the meaning of trade secrets and
commercial or financial information exemption under section
552(b)(4) of title 5, United States Code, and shall be exempt
from disclosure under such section 552 of such title without
the express approval of the private party.
(d) Authorization of Appropriations.--For the purpose of carrying
out the activities authorized under this section, there is authorized
to be appropriated to the Secretary of the Treasury $1,000,000.
(e) Sunset.--The section shall cease to have any force or effect
after the end of the 5-year period beginning on the date of enactment
of this Act.
(f) Form of Report and Submissions.--A report or submission
required under this section shall be submitted in unclassified form but
may contain a classified annex.
(g) Appropriate Member of Congress Defined.--In this section, the
term ``appropriate Member of Congress'' has the meaning given that term
under section 7132(d) of the National Defense Authorization Act for
Fiscal Year 2020.
SEC. 5707. FLEXIBILITY IN ADDRESSING RURAL HOMELESSNESS.
Subsection (a) of section 423 of subtitle C of title IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11383(a)) is amended
by adding at the end the following:
``(13) Projects in rural areas that consist of one or more
of the following activities:
``(A) Payment of short-term emergency lodging,
including in motels or shelters, directly or through
vouchers.
``(B) Repairs to units--
``(i) in which homeless individuals and
families will be housed; or
``(ii) which are currently not fit for
human habitation.
``(C) Staff training, professional development,
skill development, and staff retention activities.''.
SEC. 5708. MASTER ACCOUNT AND SERVICES DATABASE.
The Federal Reserve Act is amended by inserting after section 11B
(12 U.S.C. 248b et seq.) the following:
``SEC. 11C. MASTER ACCOUNT AND SERVICES DATABASE.
``(a) Definitions.--In this section:
``(1) Access request.--The term `access request' means a
request to a Federal reserve bank for access to a reserve bank
master account and services, including any written
documentation or formal indication that an entity intends to
seek access to a reserve bank master account and services.
``(2) Official accountholder.--The term `official
accountholder' means--
``(A) a foreign state, as defined in section 25B;
``(B) a central bank, as defined in section 25B,
other than a commercial bank;
``(C) a public international organization entitled
to enjoy privileges, exemptions, and immunities as an
international organization under the International
Organizations Immunities Act (22 U.S.C. 288 et seq.);
and
``(D) any governmental entity for which the
Secretary of the Treasury has directed a Federal
reserve bank to receive deposits as fiscal agent of the
United States under section 15.
``(3) Reserve bank master account and services.--The term
`reserve bank master account and services' means an account in
which a Federal reserve bank--
``(A) receives deposits for an entity other than an
official accountholder; or
``(B) provides any service under section 11A(b) to
an entity other than an official accountholder.
``(b) Publishing Master Account and Access Information.--
``(1) Online database.--The Board shall create and maintain
a public, online, and searchable database that contains--
``(A) a list of every entity that currently has
access to a reserve bank master account and services,
including the date on which the access was granted to
the extent the date is knowable;
``(B) a list of every entity that submits an access
request for a reserve bank master account and services
after enactment of this section (or that has submitted
an access request that is pending on the date of
enactment of this section), including whether, and the
dates on which, a request--
``(i) was submitted; and
``(ii) was approved, rejected, pending, or
withdrawn; and
``(C) for each list described in subparagraph (A)
or (B), the type of entity that holds or submitted an
access request for a reserve bank master account and
services, including whether such entity is--
``(i) an insured depository institution, as
defined in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813);
``(ii) an insured credit union, as defined
in section 101 of the Federal Credit Union Act
(12 U.S.C. 1752); or
``(iii) a depository institution that is
not an insured depository institution or an
insured credit union.
``(2) Updates.--Not less frequently than once every
quarter, the Board shall update the database to add any new
information required under paragraph (1).
``(3) Deadline.--Not later than 180 days after the date of
enactment of this section, the Board shall publish the database
with the information required under paragraph (1).''.
TITLE LVIII--FINANCIAL DATA TRANSPARENCY
Sec. 5801. Short title.
Subtitle A--Data Standards for Covered Agencies; Department of the
Treasury Rulemaking
Sec. 5811. Data standards.
Sec. 5812. Open data publication by the Department of the Treasury.
Sec. 5813. No new disclosure requirements.
Subtitle B--Securities and Exchange Commission
Sec. 5821. Data standards requirements for the Securities and Exchange
Commission.
Sec. 5822. Open data publication by the Securities and Exchange
Commission.
Sec. 5823. Data transparency relating to municipal securities.
Sec. 5824. Data transparency at national securities associations.
Sec. 5825. Shorter-term burden reduction and disclosure simplification
at the Securities and Exchange Commission;
sunset.
Sec. 5826. No new disclosure requirements.
Subtitle C--Federal Deposit Insurance Corporation
Sec. 5831. Data standards requirements for the Federal Deposit
Insurance Corporation.
Sec. 5832. Open data publication by the Federal Deposit Insurance
Corporation.
Sec. 5833. Rulemaking.
Sec. 5834. No new disclosure requirements.
Subtitle D--Office of the Comptroller of the Currency
Sec. 5841. Data standards and open data publication requirements for
the Office of the Comptroller of the
Currency.
Sec. 5842. Rulemaking.
Sec. 5843. No new disclosure requirements.
Subtitle E--Bureau of Consumer Financial Protection
Sec. 5851. Data standards and open data publication requirements for
the Bureau of Consumer Financial
Protection.
Sec. 5852. Rulemaking.
Sec. 5853. No new disclosure requirements.
Subtitle F--Federal Reserve System
Sec. 5861. Data standards requirements for the Board of Governors of
the Federal Reserve System.
Sec. 5862. Open data publication by the Board of Governors of the
Federal Reserve System.
Sec. 5863. Rulemaking.
Sec. 5864. No new disclosure requirements.
Subtitle G--National Credit Union Administration
Sec. 5871. Data standards.
Sec. 5872. Open data publication by the National Credit Union
Administration.
Sec. 5873. Rulemaking.
Sec. 5874. No new disclosure requirements.
Subtitle H--Federal Housing Finance Agency
Sec. 5881. Data standards requirements for the Federal Housing Finance
Agency.
Sec. 5882. Open data publication by the Federal Housing Finance Agency.
Sec. 5883. Rulemaking.
Sec. 5884. No new disclosure requirements.
Subtitle I--Miscellaneous
Sec. 5891. Rules of construction.
Sec. 5892. Classified and protected information.
Sec. 5893. Report.
SEC. 5801. SHORT TITLE.
This title may be cited as the ``Financial Data Transparency Act of
2022''.
Subtitle A--Data Standards for Covered Agencies; Department of the
Treasury Rulemaking
SEC. 5811. DATA STANDARDS.
(a) In General.--Subtitle A of the Financial Stability Act of 2010
(12 U.S.C. 5321 et seq.) is amended by adding at the end the following:
``SEC. 124. DATA STANDARDS.
``(a) Definitions.--In this section--
``(1) the term `covered agencies' means--
``(A) the Department of the Treasury;
``(B) the Board of Governors;
``(C) the Office of the Comptroller of the
Currency;
``(D) the Bureau;
``(E) the Commission;
``(F) the Corporation;
``(G) the Federal Housing Finance Agency;
``(H) the National Credit Union Administration
Board; and
``(I) any other primary financial regulatory agency
designated by the Secretary;
``(2) the terms `data asset', `machine-readable',
`metadata', and `open license' have the meanings given the
terms in section 3502 of title 44, United States Code; and
``(3) the term `data standard' means a standard that
specifies rules by which data is described and recorded.
``(b) Rules.--
``(1) Proposed rules.--Not later than 18 months after the
date of enactment of this section, the heads of the covered
agencies shall jointly issue proposed rules for public comment
that establish data standards for--
``(A) the collections of information reported to
each covered agency by financial entities under the
jurisdiction of the covered agency; and
``(B) the data collected from covered agencies on
behalf of the Council.
``(2) Final rules.--Not later than 2 years after the date
of enactment of this section, the heads of the covered agencies
shall jointly promulgate final rules that establish the data
standards described in paragraph (1).
``(c) Data Standards.--
``(1) Common identifiers; quality.--The data standards
established in the final rules promulgated under subsection
(b)(2) shall--
``(A) include common identifiers for collections of
information reported to covered agencies or collected
on behalf of the Council, which shall include a common
nonproprietary legal entity identifier that is
available under an open license for all entities
required to report to covered agencies; and
``(B) to the extent practicable--
``(i) render data fully searchable and
machine-readable;
``(ii) enable high quality data through
schemas, with accompanying metadata documented
in machine-readable taxonomy or ontology
models, which clearly define the semantic
meaning of the data, as defined by the
underlying regulatory information collection
requirements;
``(iii) ensure that a data element or data
asset that exists to satisfy an underlying
regulatory information collection requirement
be consistently identified as such in
associated machine-readable metadata;
``(iv) be nonproprietary or made available
under an open license;
``(v) incorporate standards developed and
maintained by voluntary consensus standards
bodies; and
``(vi) use, be consistent with, and
implement applicable accounting and reporting
principles.
``(2) Consultation; interoperability.--In establishing data
standards in the final rules promulgated under subsection
(b)(2), the heads of the covered agencies shall--
``(A) consult with other Federal departments and
agencies and multi-agency initiatives responsible for
Federal data standards; and
``(B) seek to promote interoperability of financial
regulatory data across members of the Council.
``(d) Effective Date.--The data standards established in the final
rules promulgated under subsection (b)(2) shall take effect not later
than 2 years after the date on which those final rules are promulgated
under that subsection.''.
(b) Clerical Amendment.--The table of contents under section 1(b)
of the Dodd-Frank Wall Street Reform and Consumer Protection Act is
amended by inserting after the item relating to section 123 the
following:
``Sec. 124. Data standards.''.
SEC. 5812. OPEN DATA PUBLICATION BY THE DEPARTMENT OF THE TREASURY.
(a) In General.--Subtitle A of the Financial Stability Act of 2010
(12 U.S.C. 5321 et seq.), as amended by section 5811(a), is further
amended by adding at the end the following:
``SEC. 125. OPEN DATA PUBLICATION.
``All public data assets published by the Secretary under this
subtitle shall be--
``(1) made available as an open Government data asset (as
defined in section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface
where appropriate.''.
(b) Clerical Amendment.--The table of contents under section 1(b)
of the Dodd-Frank Wall Street Reform and Consumer Protection Act, as
amended by section 5811(b), is further amended by inserting after the
item relating to section 124 the following:
``Sec. 125. Open data publication.''.
(c) Rulemaking.--
(1) In general.--The Secretary of the Treasury shall issue
rules to carry out the amendments made by this section, which
shall take effect not later than 2 years after the date on
which final rules are promulgated under section 124(b)(2) of
the Financial Stability Act of 2010, as added by section
5811(a) of this title.
(2) Delegation.--Notwithstanding any other provision of
law, the Secretary of the Treasury may delegate the functions
required under the amendments made by this subtitle to an
appropriate office within the Department of the Treasury.
SEC. 5813. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to require the Secretary of the Treasury to collect
or make publicly available additional information under the Financial
Stability Act of 2010 (12 U.S.C. 5311 et seq.), beyond information that
was collected or made publicly available under that Act, as of the day
before the date of enactment of this Act.
Subtitle B--Securities and Exchange Commission
SEC. 5821. DATA STANDARDS REQUIREMENTS FOR THE SECURITIES AND EXCHANGE
COMMISSION.
(a) Data Standards for Investment Advisers' Reports Under the
Investment Advisers Act of 1940.--Section 204 of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-4) is amended--
(1) by redesignating the second subsection (d) (relating to
``Records of Persons With Custody of Use'') as subsection (e);
and
(2) by adding at the end the following:
``(f) Data Standards for Reports Filed Under This Section.--
``(1) Requirement.--The Commission shall, by rule, adopt
data standards for all reports filed by investment advisers
with the Commission under this section.
``(2) Consistency.--The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards
established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent
practicable, by having the characteristics described in clauses
(i) through (vi) of subsection (c)(1)(B) of such section
124.''.
(b) Data Standards for Registration Statements and Reports Under
the Investment Company Act of 1940.--The Investment Company Act of 1940
(15 U.S.C. 80a-1 et seq.) is amended--
(1) in section 8 (15 U.S.C. 80a-8), by adding at the end
the following:
``(g) Data Standards for Registration Statements.--
``(1) Requirement.--The Commission shall, by rule, adopt
data standards for all registration statements required to be
filed with the Commission under this section, except that the
Commission may exempt exhibits, signatures, and certifications
from those data standards.
``(2) Consistency.--The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards
established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent
practicable, by having the characteristics described in clauses
(i) through (vi) of subsection (c)(1)(B) of such section
124.''; and
(2) in section 30 (15 U.S.C. 80a-29), by adding at the end
the following:
``(k) Data Standards for Reports.--
``(1) Requirement.--The Commission shall, by rule, adopt
data standards for all reports required to be filed with the
Commission under this section, except that the Commission may
exempt exhibits, signatures, and certifications from those data
standards.
``(2) Consistency.--The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards
established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent
practicable, by having the characteristics described in clauses
(i) through (vi) of subsection (c)(1)(B) of such section
124.''.
(c) Data Standards for Information Required To Be Submitted or
Published by Nationally Recognized Statistical Rating Organizations.--
Section 15E of the Securities Exchange Act of 1934 (15 U.S.C. 78o-7) is
amended by adding at the end the following:
``(w) Data Standards for Information Required To Be Submitted or
Published Under This Section.--
``(1) Requirement.--The Commission shall, by rule, adopt
data standards for all collections of information required to
be submitted or published by a nationally recognized
statistical rating organization under this section.
``(2) Consistency.--The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards
established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent
practicable, by having the characteristics described in clauses
(i) through (vi) of subsection (c)(1)(B) of such section
124.''.
(d) Data Standards for Asset-Backed Securities Disclosures.--
Section 7(c) of the Securities Act of 1933 (15 U.S.C. 77g(c)) is
amended by adding at the end the following:
``(3) Data standards for asset-backed securities
disclosures.--
``(A) Requirement.--The Commission shall, by rule,
adopt data standards for all disclosures required under
this subsection.
``(B) Consistency.--The data standards required
under subparagraph (A) shall incorporate, and ensure
compatibility with (to the extent feasible), all
applicable data standards established in the rules
promulgated under section 124 of the Financial
Stability Act of 2010, including, to the extent
practicable, by having the characteristics described in
clauses (i) through (vi) of subsection (c)(1)(B) of
such section 124.''.
(e) Data Standards for Corporate Disclosures Under the Securities
Act of 1933.--Title I of the Securities Act of 1933 (15 U.S.C. 77a et
seq.) is amended by adding at the end the following:
``SEC. 29. DATA STANDARDS.
``(a) Requirement.--The Commission shall, by rule, adopt data
standards for all registration statements, and for all prospectuses
included in registration statements, required to be filed with the
Commission under this title, except that the Commission may exempt
exhibits, signatures, and certifications from those data standards.
``(b) Consistency.--The data standards required under subsection
(a) shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''.
(f) Data Standards for Periodic and Current Corporate Disclosures
Under the Securities Exchange Act of 1934.--Section 13 of the
Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at
the end the following:
``(s) Data Standards.--
``(1) Requirement.--The Commission shall, by rule, adopt
data standards for all collections of information with respect
to periodic and current reports required to be filed or
furnished under this section or under section 15(d), except
that the Commission may exempt exhibits, signatures, and
certifications from those data standards.
``(2) Consistency.--The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards
established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent
practicable, by having the characteristics described in clauses
(i) through (vi) of subsection (c)(1)(B) of such section
124.''.
(g) Data Standards for Corporate Proxy and Consent Solicitation
Materials Under the Securities Exchange Act of 1934.--Section 14 of the
Securities Exchange Act of 1934 (15 U.S.C. 78n) is amended by adding at
the end the following:
``(k) Data Standards for Proxy and Consent Solicitation
Materials.--
``(1) Requirement.--The Commission shall, by rule, adopt
data standards for all information contained in any proxy or
consent solicitation material prepared by an issuer for an
annual meeting of the shareholders of the issuer, except that
the Commission may exempt exhibits, signatures, and
certifications from those data standards.
``(2) Consistency.--The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards
established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent
practicable, by having the characteristics described in clauses
(i) through (vi) of subsection (c)(1)(B) of such section
124.''.
(h) Data Standards for Security-based Swap Reporting.--The
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by
adding at the end the following:
``SEC. 41. DATA STANDARDS FOR SECURITY-BASED SWAP REPORTING.
``(a) Requirement.--The Commission shall, by rule, adopt data
standards for all reports related to security-based swaps that are
required under this Act.
``(b) Consistency.--The data standards required under subsection
(a) shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''.
(i) Rulemaking.--
(1) In general.--The rules that the Securities and Exchange
Commission are required to issue under the amendments made by
this section shall take effect not later than 2 years after the
date on which final rules are promulgated under section
124(b)(2) of the Financial Stability Act of 2010, as added by
section 5811(a) of this title.
(2) Scaling of regulatory requirements; minimizing
disruption.--In issuing the rules required under the amendments
made by this section, as described in paragraph (1), the
Securities and Exchange Commission--
(A) may scale data reporting requirements in order
to reduce any unjustified burden on emerging growth
companies, lending institutions, accelerated filers,
smaller reporting companies, and other smaller issuers,
as determined by any study required under section
5825(b), while still providing searchable information
to investors; and
(B) shall seek to minimize disruptive changes to
the persons affected by those rules.
SEC. 5822. OPEN DATA PUBLICATION BY THE SECURITIES AND EXCHANGE
COMMISSION.
Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is
amended by adding at the end the following:
``(k) Open Data Publication.--All public data assets published by
the Commission under the securities laws and the Dodd-Frank Wall Street
Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 1376)
shall be--
``(1) made available as an open Government data asset (as
defined in section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface
where appropriate.''.
SEC. 5823. DATA TRANSPARENCY RELATING TO MUNICIPAL SECURITIES.
(a) In General.--Section 15B(b) of the Securities Exchange Act of
1934 (15 U.S.C. 78o-4(b)) is amended by adding at the end the
following:
``(8)(A) The Commission shall adopt data standards for information
submitted to the Board.
``(B) Any data standards adopted under subparagraph (A) shall
incorporate, and ensure compatibility with (to the extent feasible),
all applicable data standards established in the rules promulgated
under section 124 of the Financial Stability Act of 2010, including, to
the extent practicable, by having the characteristics described in
clauses (i) through (vi) of subsection (c)(1)(B) of such section 124.
``(C) The Commission shall consult market participants in
establishing data standards under subparagraph (A).
``(D) Nothing in this paragraph may be construed to affect the
operation of paragraph (1) or (2) of subsection (d).''.
(b) Rulemaking.--
(1) In general.--Not later than 2 years after the date on
which final rules are promulgated under section 124(b)(2) of
the Financial Stability Act of 2010, as added by section
5811(a) of this title, the Securities and Exchange Commission
shall issue rules to adopt the data standards required under
paragraph (8) of section 15B(b) of the Securities Exchange Act
of 1934 (15 U.S.C. 78o-4(b)), as added by subsection (a) of
this section.
(2) Scaling of regulatory requirements; minimizing
disruption.--In issuing the rules described in paragraph (1)
that adopt the data standards described in that paragraph, the
Securities and Exchange Commission--
(A) may scale those data standards in order to
reduce any unjustified burden on smaller regulated
entities; and
(B) shall seek to minimize disruptive changes to
the persons affected by those rules.
SEC. 5824. DATA TRANSPARENCY AT NATIONAL SECURITIES ASSOCIATIONS.
(a) In General.--Section 15A of the Securities Exchange Act of 1934
(15 U.S.C. 78o-3) is amended by adding at the end the following:
``(n) Data Standards.--
``(1) Requirement.--A national securities association
registered pursuant to subsection (a) shall adopt data
standards for all information that is regularly filed with or
submitted to the association.
``(2) Consistency.--The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards
established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent
practicable, by having the characteristics described in clauses
(i) through (vi) of subsection (c)(1)(B) of such section
124.''.
(b) Rulemaking.--
(1) In general.--Not later than 2 years after the date on
which final rules are promulgated under section 124(b)(2) of
the Financial Stability Act of 2010, as added by section
5811(a) of this title, each national securities association
registered pursuant to section 15A(a) of the Securities
Exchange Act of 1934 (15 U.S.C. 78o-3(a)) shall issue rules to
adopt the standards required under subsection (n) of section
15A of the Securities Exchange Act of 1934 (15 U.S.C. 78o-3),
as added by subsection (a) of this section.
(2) Scaling of regulatory requirements; minimizing
disruption.--In issuing the rules required under paragraph (1),
a national securities association described in that paragraph--
(A) may scale data reporting requirements in order
to reduce any unjustified burden on smaller regulated
entities; and
(B) shall seek to minimize disruptive changes to
the persons affected by those standards.
SEC. 5825. SHORTER-TERM BURDEN REDUCTION AND DISCLOSURE SIMPLIFICATION
AT THE SECURITIES AND EXCHANGE COMMISSION; SUNSET.
(a) Better Enforcement of the Quality of Corporate Financial Data
Submitted to the Securities and Exchange Commission.--
(1) Data quality improvement program.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Securities and
Exchange Commission shall establish a program to
improve the quality of corporate financial data filed
or furnished by issuers under the Securities Act of
1933 (15 U.S.C. 77a et seq.), the Securities Exchange
Act of 1934 (15 U.S.C. 78a et seq.), and the Investment
Company Act of 1940 (15 U.S.C. 80a-1 et seq.).
(B) Contents.--The program established under
subparagraph (A) shall include the following:
(i) The designation of an official in the
Office of the Chairman of the Securities and
Exchange Commission responsible for the
improvement of the quality of data filed with
or furnished to the Commission by issuers.
(ii) The issuance by the Division of
Corporation Finance of the Securities and
Exchange Commission of comment letters
requiring correction of errors in data filings
and submissions, where necessary.
(2) Goals.--In establishing the program required under this
subsection, the Securities and Exchange Commission shall seek
to--
(A) improve the quality of data filed with or
furnished to the Commission to a commercially
acceptable level; and
(B) make data filed with or furnished to the
Commission useful to investors.
(b) Report on the Use of Machine-Readable Data for Corporate
Disclosures.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and once every 180 days thereafter, the
Securities and Exchange Commission shall submit to the
Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Financial Services of the House of
Representatives a report regarding the public and internal use
of machine-readable data for corporate disclosures.
(2) Content.--Each report required under paragraph (1)
shall include--
(A) an identification of which corporate
disclosures required under section 7 of the Securities
Act of 1933 (15 U.S.C. 77g), section 13 of the
Securities Exchange Act of 1934 (15 U.S.C. 78m), and
section 14 of the Securities Exchange Act of 1934 (15
U.S.C. 78n) are expressed as machine-readable data and
which are not;
(B) an analysis of the costs and benefits of the
use of machine-readable data in corporate disclosure to
investors, markets, the Securities and Exchange
Commission, and issuers;
(C) a summary of enforcement actions that result
from the use or analysis of machine-readable data
collected under the provisions of law described in
subparagraph (A); and
(D) an analysis of how the Securities and Exchange
Commission uses the machine-readable data collected by
the Commission.
(c) Sunset.--Beginning on the date that is 7 years after the date
of enactment of this Act, this section shall have no force or effect.
SEC. 5826. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to require the Securities and Exchange Commission,
the Municipal Securities Rulemaking Board, or any national securities
association to collect or make publicly available additional
information under the provisions of law amended by this subtitle (or
under any provision of law referenced in an amendment made by this
subtitle), beyond information that was collected or made publicly
available under any such provision, as of the day before the date of
enactment of this Act.
Subtitle C--Federal Deposit Insurance Corporation
SEC. 5831. DATA STANDARDS REQUIREMENTS FOR THE FEDERAL DEPOSIT
INSURANCE CORPORATION.
The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is
amended by adding at the end the following:
``SEC. 52. DATA STANDARDS.
``(a) Definition.--In this section, the term `financial company'
has the meaning given the term in section 201(a) of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (12 U.S.C. 5381(a)).
``(b) Requirement.--The Corporation shall, by rule, adopt data
standards for all collections of information with respect to
information received by the Corporation from any depository institution
or financial company under this Act or under title II of the Dodd-Frank
Wall Street Reform and Consumer Protection Act (12 U.S.C. 5381 et
seq.).
``(c) Consistency.--The data standards required under subsection
(b) shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''.
SEC. 5832. OPEN DATA PUBLICATION BY THE FEDERAL DEPOSIT INSURANCE
CORPORATION.
The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.), as
amended by section 5831, is further amended by adding at the end the
following:
``SEC. 53. OPEN DATA PUBLICATION.
``All public data assets published by the Corporation under this
Act or under the Dodd-Frank Wall Street Reform and Consumer Protection
Act (Public Law 111-203; 124 Stat. 1376) shall be--
``(1) made available as an open Government data asset (as
defined in section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface
where appropriate.''.
SEC. 5833. RULEMAKING.
(a) In General.--The Federal Deposit Insurance Corporation shall
issue rules to carry out the amendments made by this subtitle, which
shall take effect not later than 2 years after the date on which final
rules are promulgated under section 124(b)(2) of the Financial
Stability Act of 2010, as added by section 5811(a) of this title.
(b) Scaling of Regulatory Requirements; Minimizing Disruption.--In
issuing the rules required under subsection (a), the Federal Deposit
Insurance Corporation--
(1) may scale data reporting requirements in order to
reduce any unjustified burden on smaller regulated entities;
and
(2) shall seek to minimize disruptive changes to the
persons affected by those regulations.
SEC. 5834. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title, or the amendments made by this title, shall
be construed to require the Federal Deposit Insurance Corporation to
collect or make publicly available additional information under the
Acts amended by this title (or under any provision of law referenced in
an amendment made by this title), beyond information that was collected
or made publicly available under any such provision, as of the day
before the date of enactment of this Act.
Subtitle D--Office of the Comptroller of the Currency
SEC. 5841. DATA STANDARDS AND OPEN DATA PUBLICATION REQUIREMENTS FOR
THE OFFICE OF THE COMPTROLLER OF THE CURRENCY.
The Revised Statutes of the United States is amended by inserting
after section 332 (12 U.S.C. 14) the following:
``SEC. 333. DATA STANDARDS; OPEN DATA PUBLICATION.
``(a) Data Standards.--
``(1) Requirement.--The Comptroller of the Currency shall,
by rule, adopt data standards for all collections of
information that are regularly filed with or submitted to the
Comptroller of the Currency by any entity with respect to which
the Office of the Comptroller of the Currency is the
appropriate Federal banking agency (as defined in section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813)).
``(2) Consistency.--The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards
established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent
practicable, by having the characteristics described in clauses
(i) through (vi) of subsection (c)(1)(B) of such section 124.
``(b) Open Data Publication.--All public data assets published by
the Comptroller of the Currency under title LXII or the Dodd-Frank Wall
Street Reform and Consumer Protection Act (Public Law 111-203; 124
Stat. 1376) shall be--
``(1) made available as an open Government data asset (as
defined in section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface
where appropriate.''.
SEC. 5842. RULEMAKING.
(a) In General.--The Comptroller of the Currency shall issue rules
to carry out the amendments made by section 5841, which shall take
effect not later than 2 years after the date on which final rules are
promulgated under section 124(b)(2) of the Financial Stability Act of
2010, as added by section 5811(a) of this title.
(b) Scaling of Regulatory Requirements; Minimizing Disruption.--In
issuing the rules required under subsection (a), the Comptroller of the
Currency--
(1) may scale data reporting requirements in order to
reduce any unjustified burden on smaller regulated entities;
and
(2) shall seek to minimize disruptive changes to the
persons affected by those regulations.
SEC. 5843. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to require the Comptroller of the Currency to
collect or make publicly available additional information under the
Revised Statutes of the United States (or under any other provision of
law referenced in an amendment made by this subtitle), beyond
information that was collected or made publicly available under any
such provision of law, as of the day before the date of enactment of
this Act.
Subtitle E--Bureau of Consumer Financial Protection
SEC. 5851. DATA STANDARDS AND OPEN DATA PUBLICATION REQUIREMENTS FOR
THE BUREAU OF CONSUMER FINANCIAL PROTECTION.
(a) In General.--Subtitle A of the Consumer Financial Protection
Act of 2010 (12 U.S.C. 5491 et seq.) is amended by--
(1) redesignating section 1018 (12 U.S.C. 5491 note) as
section 1020; and
(2) by inserting after section 1017 (12 U.S.C. 5497) the
following:
``SEC. 1018. DATA STANDARDS.
``(a) Requirement.--The Bureau shall, by rule, adopt data standards
for all collections of information that are regularly filed with or
submitted to the Bureau.
``(b) Consistency.--The data standards required under subsection
(a) shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.
``SEC. 1019. OPEN DATA PUBLICATION.
``All public data assets published by the Bureau shall be--
``(1) made available as an open Government data asset (as
defined in section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface
where appropriate.''.
(b) Clerical Amendment.--The table of contents under section 1(b)
of the Dodd-Frank Wall Street Reform and Consumer Protection Act is
amended by striking the item relating to section 1018 and inserting the
following:
``Sec. 1018. Data standards.
``Sec. 1019. Open data publication.
``Sec. 1020. Effective date.''.
SEC. 5852. RULEMAKING.
(a) In General.--The Director of the Bureau of Consumer Financial
Protection shall issue rules to carry out the amendments made by
section 5851, which shall take effect not later than 2 years after the
date on which final rules are promulgated under section 124(b)(2) of
the Financial Stability Act of 2010, as added by section 5811(a) of
this title.
(b) Scaling of Regulatory Requirements; Minimizing Disruption.--In
issuing the rules required under subsection (a), the Director of the
Bureau of Consumer Financial Protection--
(1) may scale data reporting requirements in order to
reduce any unjustified burden on smaller regulated entities;
and
(2) shall seek to minimize disruptive changes to the
persons affected by those regulations.
SEC. 5853. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to require the Bureau of Consumer Financial
Protection to collect or make publicly available additional information
under the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et
seq.), beyond information that was collected or made publicly available
under that Act, as of the day before the date of enactment of this Act.
Subtitle F--Federal Reserve System
SEC. 5861. DATA STANDARDS REQUIREMENTS FOR THE BOARD OF GOVERNORS OF
THE FEDERAL RESERVE SYSTEM.
(a) Data Standards for Information Filed or Submitted by Nonbank
Financial Companies.--Section 161(a) of the Financial Stability Act of
2010 (12 U.S.C. 5361(a)) is amended by adding at the end the following:
``(4) Data standards for reports under this subsection.--
``(A) In general.--The Board of Governors shall
adopt data standards for all information that, through
a collection of information, is regularly filed with or
submitted to the Board of Governors under this
subsection by any nonbank financial company supervised
by the Board of Governors or any subsidiary thereof.
``(B) Consistency.--The data standards required
under subparagraph (A) shall incorporate, and ensure
compatibility with (to the extent feasible), all
applicable data standards established in the rules
promulgated under section 124, including, to the extent
practicable, by having the characteristics described in
clauses (i) through (vi) of subsection (c)(1)(B) of
section 124.''.
(b) Data Standards for Information Filed or Submitted by Savings
and Loan Holding Companies.--Section 10 of the Home Owners' Loan Act
(12 U.S.C. 1467a) is amended by adding at the end the following:
``(u) Data Standards.--
``(1) Requirement.--The Board shall adopt data standards
for all information that, through a collection of information,
is regularly filed with or submitted to the Board by any
savings and loan holding company, or subsidiary of a savings
and loan holding company, other than a depository institution,
under this section.
``(2) Consistency.--The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards
established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent
practicable, by having the characteristics described in clauses
(i) through (vi) of subsection (c)(1)(B) of such section
124.''.
(c) Data Standards for Information Filed or Submitted by Bank
Holding Companies.--Section 5 of the Bank Holding Company Act of 1956
(12 U.S.C. 1844) is amended by adding at the end the following:
``(h) Data Standards.--
``(1) Requirement.--The Board shall adopt data standards
for all information that, through a collection of information,
is regularly filed with or submitted to the Board by any bank
holding company in a report under subsection (c).
``(2) Consistency.--The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards
established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent
practicable, by having the characteristics described in clauses
(i) through (vi) of subsection (c)(1)(B) of such section
124.''.
(d) Data Standards for Information Submitted by Financial Market
Utilities or Institutions Under the Payment, Clearing, and Settlement
Supervision Act of 2010.--Section 809 of the Payment, Clearing, and
Settlement Supervision Act of 2010 (12 U.S.C. 5468) is amended by
adding at the end the following:
``(h) Data Standards.--
``(1) Requirement.--The Board of Governors shall adopt data
standards for all information that, through a collection of
information, is regularly filed with or submitted to the Board
or the Council by any financial market utility or financial
institution under subsection (a) or (b).
``(2) Consistency.--The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards
established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent
practicable, by having the characteristics described in clauses
(i) through (vi) of subsection (c)(1)(B) of such section
124.''.
SEC. 5862. OPEN DATA PUBLICATION BY THE BOARD OF GOVERNORS OF THE
FEDERAL RESERVE SYSTEM.
The Federal Reserve Act (12 U.S.C. 226 et seq.) is amended by
adding at the end the following:
``SEC. 32. OPEN DATA PUBLICATION BY THE BOARD OF GOVERNORS.
``All public data assets published by the Board of Governors under
this Act, the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et
seq.), the Financial Stability Act of 2010 (12 U.S.C. 5311 et seq.),
the Home Owners' Loan Act (12 U.S.C. 1461 et seq.), the Payment,
Clearing, and Settlement Supervision Act of 2010 (12 U.S.C. 5461 et
seq.), or the Enhancing Financial Institution Safety and Soundness Act
of 2010 (title III of Public Law 111-203) (or any provision of law
amended by that Act) shall be--
``(1) made available as an open Government data asset (as
defined in section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface
where appropriate.''.
SEC. 5863. RULEMAKING.
(a) In General.--The Board of Governors of the Federal Reserve
System shall issue rules to carry out the amendments made by this
subtitle, which shall take effect not later than 2 years after the date
on which final rules are promulgated under section 124(b)(2) of the
Financial Stability Act of 2010, as added by section 5811(a) of this
title.
(b) Scaling of Regulatory Requirements; Minimizing Disruption.--In
issuing the rules required under subsection (a), the Board of Governors
of the Federal Reserve System--
(1) may scale data reporting requirements in order to
reduce any unjustified burden on smaller regulated entities;
and
(2) shall seek to minimize disruptive changes to the
persons affected by those regulations.
SEC. 5864. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to require the Board of Governors of the Federal
Reserve System to collect or make publicly available additional
information under any Act amended by this subtitle, any Act referenced
in an amendment made by this subtitle, or any Act amended by an Act
referenced in an amendment made by this subtitle, beyond information
that was collected or made publicly available under any such provision
of law, as of the day before the date of enactment of this Act.
Subtitle G--National Credit Union Administration
SEC. 5871. DATA STANDARDS.
Title I of the Federal Credit Union Act (12 U.S.C. 1752 et seq.) is
amended by adding at the end the following:
``SEC. 132. DATA STANDARDS.
``(a) Requirement.--The Board shall, by rule, adopt data standards
for all collections of information and reports regularly filed with or
submitted to the Administration under this Act.
``(b) Consistency.--The data standards required under subsection
(a) shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''.
SEC. 5872. OPEN DATA PUBLICATION BY THE NATIONAL CREDIT UNION
ADMINISTRATION.
Title I of the Federal Credit Union Act (12 U.S.C. 1752 et seq.),
as amended by section 5701, is further amended by adding at the end the
following:
``SEC. 133. OPEN DATA PUBLICATION.
``All public data assets published by the Administration under this
title shall be--
``(1) made available as an open Government data asset (as
defined in section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface
where appropriate.''.
SEC. 5873. RULEMAKING.
(a) In General.--The National Credit Union Administration Board
shall issue rules to carry out the amendments made by this subtitle,
which shall take effect not later than 2 years after the date on which
final rules are promulgated under section 124(b)(2) of the Financial
Stability Act of 2010, as added by section 5811(a) of this title.
(b) Scaling of Regulatory Requirements; Minimizing Disruption.--In
issuing the rules required under subsection (a), the National Credit
Union Administration Board--
(1) may scale data reporting requirements in order to
reduce any unjustified burden on smaller regulated entities;
and
(2) shall seek to minimize disruptive changes to the
persons affected by those regulations.
SEC. 5874. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to require the National Credit Union Administration
Board to collect or make publicly available additional information
under the Federal Credit Union Act (12 U.S.C. 1751 et seq.), beyond
information that was collected or made publicly available under that
Act, as of the day before the date of enactment of this Act.
Subtitle H--Federal Housing Finance Agency
SEC. 5881. DATA STANDARDS REQUIREMENTS FOR THE FEDERAL HOUSING FINANCE
AGENCY.
Part 1 of subtitle A of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4511 et seq.) is amended by
adding at the end the following:
``SEC. 1319H. DATA STANDARDS.
``(a) Requirement.--The Agency shall, by rule, adopt data standards
for all collections of information that are regularly filed with or
submitted to the Agency.
``(b) Consistency.--The data standards required under subsection
(a) shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''.
SEC. 5882. OPEN DATA PUBLICATION BY THE FEDERAL HOUSING FINANCE AGENCY.
Part 1 of subtitle A of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4511 et seq.), as amended
by section 5801, is further amended by adding at the end the following:
``SEC. 1319I. OPEN DATA PUBLICATION.
``All public data assets published by the Agency shall be--
``(1) made available as an open Government data asset (as
defined in section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface
where appropriate.''.
SEC. 5883. RULEMAKING.
(a) In General.--The Director of the Federal Housing Finance Agency
shall issue rules to carry out the amendments made by this subtitle,
which shall take effect not later than 2 years after the date on which
final rules are promulgated under section 124(b)(2) of the Financial
Stability Act of 2010, as added by section 5811(a) of this title.
(b) Minimizing Disruption.--In issuing the regulations required
under subsection (a), the Director of the Federal Housing Finance
Agency shall seek to minimize disruptive changes to the persons
affected by those rules.
SEC. 5884. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to require the Federal Housing Finance Agency to
collect or make publicly available additional information under the
Federal Housing Enterprises Financial Safety and Soundness Act of 1992
(12 U.S.C. 4501 et seq.), beyond information that was collected or made
publicly available under that Act, as of the day before the date of
enactment of this Act.
Subtitle I--Miscellaneous
SEC. 5891. RULES OF CONSTRUCTION.
(a) No Effect on Intellectual Property.--Nothing in this title, or
the amendments made by this title, may be construed to alter the legal
protections, as in effect on the day before the date of enactment of
this Act, of copyrighted material or other intellectual property rights
of any non-Federal person.
(b) No Effect on Monetary Policy.--Nothing in this title, or the
amendments made by this title, may be construed to apply to activities
conducted, or data standards used, in connection with monetary policy
proposed or implemented by the Board of Governors of the Federal
Reserve System or the Federal Open Market Committee.
(c) Preservation of Agency Authority To Tailor Requirements.--
Nothing in this title, or the amendments made by this title, may be
construed to prohibit the head of a covered agency, as defined in
section 124(a) of the Financial Stability Act of 2010, as added by
section 5811(a) of this title, from tailoring those standards when
those standards are adopted under this title and the amendments made by
this title.
SEC. 5892. CLASSIFIED AND PROTECTED INFORMATION.
(a) In General.--Nothing in this title, or the amendments made by
this title, shall require the disclosure to the public of--
(1) information that would be exempt from disclosure under
section 552 of title 5, United States Code (commonly known as
the ``Freedom of Information Act''); or
(2) information protected under--
(A) section 552a of title 5, United States Code
(commonly known as the ``Privacy Act of 1974'');
(B) section 6103 of the Internal Revenue Code of
1986; or
(C) any law administered, or regulation
promulgated, by the Financial Crimes Enforcement
Network of the Department of the Treasury.
(b) Existing Agency Regulations.--Nothing in this title, or the
amendments made by this title, shall be construed to require the
Secretary of the Treasury, the Securities and Exchange Commission, the
Federal Deposit Insurance Corporation, the Comptroller of the Currency,
the Director of the Bureau of Consumer Financial Protection, the Board
of Governors of the Federal Reserve System, the National Credit Union
Administration Board, the Director of the Federal Housing Finance
Agency, or the head of any other primary financial regulatory agency
(as defined in section 2 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5301)) designated by the Secretary
of the Treasury to amend regulations and procedures, as in effect on
the day before the date of enactment of this Act, regarding the sharing
and disclosure of nonpublic information, including confidential
supervisory information.
(c) Data Privacy and Personally Identifiable Information.--Nothing
in this title, or the amendments made by this title, shall be construed
to require the Secretary of the Treasury, the Securities and Exchange
Commission, the Federal Deposit Insurance Corporation, the Comptroller
of the Currency, the Director of the Bureau of Consumer Financial
Protection, the Board of Governors of the Federal Reserve System, the
National Credit Union Administration Board, the Director of the Federal
Housing Finance Agency, or the head of any other primary financial
regulatory agency (as defined in section 2 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (12 U.S.C. 5301)) designated
by the Secretary of the Treasury to disclose to the public any
information that can be used to distinguish or trace the identity of an
individual, either alone or when combined with other personal or
identifying information that is linked or linkable to a specific
individual.
SEC. 5893. REPORT.
Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report on the feasibility, costs, and potential benefits of building
upon the taxonomy established by this title, and the amendments made by
this title, to arrive at a Federal Governmentwide regulatory compliance
standardization mechanism similar to Standard Business Reporting.
TITLE LIX--OTHER MATTERS
Subtitle A--Judiciary Matters
Sec. 5901. Extension of admission to Guam or the Commonwealth of the
Northern Mariana Islands for certain
nonimmigrant H-2B workers.
Sec. 5902. Eligibility of Portuguese traders and investors for E-1 and
E-2 nonimmigrant visas.
Sec. 5903. Incentives for States to create sexual assault survivors'
bill of rights.
Sec. 5904. Extending the statute of limitations for certain money
laundering offenses.
Subtitle B--Science, Space, and Technology Matters
Sec. 5911. Financial assistance for construction of test beds and
specialized facilities.
Sec. 5912. Reports on arctic research, budget, and spending.
Sec. 5913. National research and development strategy for distributed
ledger technology.
Sec. 5914. Technical corrections.
Subtitle C--FedRamp Authorization Act
Sec. 5921. FedRAMP Authorization Act.
Subtitle D--Judicial Security and Privacy
Sec. 5931. Short title.
Sec. 5932. Findings and purpose.
Sec. 5933. Definitions.
Sec. 5934. Protecting covered information in public records.
Sec. 5935. Training and education.
Sec. 5936. Vulnerability management capability.
Sec. 5937. Rules of construction.
Sec. 5938. Severability.
Sec. 5939. Effective date.
Subtitle E--Other Matters
Sec. 5941. Secretary of Agriculture report on improving supply chain
shortfalls and infrastructure needs at
wholesale produce markets.
Sec. 5942. Extension of deadline for transfer of parcels of land in New
Mexico.
Sec. 5943. Ending global wildlife poaching and trafficking.
Sec. 5944. Cost-sharing requirements applicable to certain Bureau of
Reclamation dams and dikes.
Sec. 5945. Transfer of National Oceanic and Atmospheric Administration
property in Norfolk, Virginia.
Sec. 5946. Other matters.
Sec. 5947. Enhancing transparency on international agreements and non-
binding instruments.
Subtitle A--Judiciary Matters
SEC. 5901. EXTENSION OF ADMISSION TO GUAM OR THE COMMONWEALTH OF THE
NORTHERN MARIANA ISLANDS FOR CERTAIN NONIMMIGRANT H-2B
WORKERS.
Section 6(b)(1)(B) of the Joint Resolution entitled ``A Joint
Resolution to approve the `Covenant to Establish a Commonwealth of the
Northern Mariana Islands in Political Union with the United States of
America', and for other purposes'', approved March 24, 1976 (48 U.S.C.
1806(b)(1)(B)), is amended, in the matter preceding clause (i), by
striking ``December 31, 2023'' and inserting ``December 31, 2024''.
SEC. 5902. ELIGIBILITY OF PORTUGUESE TRADERS AND INVESTORS FOR E-1 AND
E-2 NONIMMIGRANT VISAS.
(a) Nonimmigrant Traders and Investors.--For purposes of clauses
(i) and (ii) of section 101(a)(15)(E) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(E)), Portugal shall be considered
to be a foreign state described in such section if the Government of
Portugal provides similar nonimmigrant status to nationals of the
United States.
(b) Modification of Eligibility Criteria for E Visas.--Section
101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(E)) is amended--
(1) in the matter preceding clause (i)--
(A) by inserting ``(or, in the case of an alien who
acquired the relevant nationality through a financial
investment and who has not previously been granted
status under this subparagraph, the foreign state of
which the alien is a national and in which the alien
has been domiciled for a continuous period of not less
than 3 years at any point before applying for a
nonimmigrant visa under this subparagraph)'' before ``,
and the spouse''; and
(B) by striking ``him'' and inserting ``such
alien''; and
(2) by striking ``he'' each place such term appears and
inserting ``the alien''.
SEC. 5903. INCENTIVES FOR STATES TO CREATE SEXUAL ASSAULT SURVIVORS'
BILL OF RIGHTS.
(a) Incentives for States to Create Sexual Assault Survivors' Bill
of Rights.--
(1) Definition of covered formula grant.--In this
subsection, the term ``covered formula grant'' means a grant
under part T of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10441 et seq.) (commonly
referred to as the ``STOP Violence Against Women Formula Grant
Program'').
(2) Grant increase.--The Attorney General shall increase
the amount of the covered formula grant provided to a State in
accordance with this subsection if the State has in effect a
law that provides to sexual assault survivors the rights, at a
minimum, under section 3772 of title 18, United States Code.
(3) Application.--A State seeking an increase to a covered
formula grant under this subsection shall submit an application
to the Attorney General at such time, in such manner, and
containing such information as the Attorney General may
reasonably require, including information about the law
described in paragraph (2).
(4) Period of increase.--The Attorney General may not
provide an increase in the amount of the covered formula grant
provided to a State under this subsection more than 4 times.
(5) Authorization of appropriations.--There are authorized
to be appropriated $20,000,000 for each of fiscal years 2023
through 2027 to carry out this subsection.
(b) Reauthorization of the Missing Americans Alert Program.--
Section 240001(d) of the Violent Crime Control and Law Enforcement Act
of 1994 (34 U.S.C. 12621(d)) is amended by striking ``2018 through
2022'' and inserting ``2023 through 2027''.
SEC. 5904. EXTENDING THE STATUTE OF LIMITATIONS FOR CERTAIN MONEY
LAUNDERING OFFENSES.
(a) In General.--Section 1956 of title 18, United States Code, is
amended by adding at the end the following:
``(j) Seven-year Limitation.--Notwithstanding section 3282, no
person shall be prosecuted, tried, or punished for a violation of this
section or section 1957 if the specified unlawful activity constituting
the violation is the activity defined in subsection (c)(7)(B) of this
section, unless the indictment is found or the information is
instituted not later than 7 years after the date on which the offense
was committed.''.
(b) Effective Date.--The amendments made by this section shall
apply to--
(1) conduct that occurred before the date of enactment of
this Act for which the applicable statute of limitations has
not expired; and
(2) conduct that occurred on or after the date of enactment
of this Act.
Subtitle B--Science, Space, and Technology Matters
SEC. 5911. FINANCIAL ASSISTANCE FOR CONSTRUCTION OF TEST BEDS AND
SPECIALIZED FACILITIES.
Section 34 of the National Institute of Standards and Technology
Act (15 U.S.C. 278s) is amended--
(1) by redesignating subsections (f) through (l) as
subsections (g) through (m), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Authority to Award Financial Assistance for Construction of
Test Beds and Specialized Facilities.--
``(1) In general.--The Secretary may, acting through the
Director, award financial assistance for the construction of
test beds and specialized facilities by Manufacturing USA
institutes established or supported under subsection (e) as the
Secretary considers appropriate to carry out the purposes of
the Program.
``(2) Requirements.--The Secretary shall exercise authority
under paragraph (1) in a manner and with requirements
consistent with paragraphs (3) through (8) of subsection (e).
``(3) Priority.--The Secretary shall establish preferences
in selection criteria for proposals for financial assistance
under this subsection from Manufacturing USA institutes that
integrate as active members one or more covered entities as
described in section 10262 of the Research and Development,
Competition, and Innovation Act (Public Law 117-167).''.
SEC. 5912. REPORTS ON ARCTIC RESEARCH, BUDGET, AND SPENDING.
(a) Crosscut Report on Arctic Research Programs.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Office of
Science and Technology Policy, in coordination with the
Director of the Office of Management and Budget, shall submit a
detailed report to Congress regarding all existing Federal
programs relating to Arctic research and research-related
activities, including observation, modeling, monitoring, and
prediction, and research infrastructure. The report shall
include--
(A) the goals of each such program;
(B) the funding levels for each such program for
each of the 5 immediately preceding fiscal years;
(C) the anticipated funding levels for each such
program for each of the 5 following fiscal years; and
(D) the total funding appropriated for the current
fiscal year for such programs.
(2) Distribution.--Not later than 30 days after submitting
the report to Congress pursuant to subsection (a), the Director
of the Office of Science and Technology Policy shall make a
report available on a public website.
(b) Annual Agency Budget and Spending Report.--
(1) Annual agency budgets.--Each agency represented on the
Interagency Arctic Research Policy Committee shall each include
in their agency's annual budget request to Congress a
description of their agency's projected Arctic research
activities and associated budget for the fiscal year covered by
the budget request.
(2) Report to congress.--Beginning with fiscal year 2025
and annually thereafter until fiscal year 2034, not later than
60 days after the President's budget request for such fiscal
year is submitted to Congress, the Office of Science and
Technology Policy shall submit an annual report to Congress
summarizing each agency's budget request related to Arctic
research activities per the information submitted in accordance
with paragraph (1).
SEC. 5913. NATIONAL RESEARCH AND DEVELOPMENT STRATEGY FOR DISTRIBUTED
LEDGER TECHNOLOGY.
(a) Definitions.--In this section:
(1) Director.--Except as otherwise expressly provided, the
term ``Director'' means the Director of the Office of Science
and Technology Policy.
(2) Distributed ledger.--The term ``distributed ledger''
means a ledger that--
(A) is shared across a set of distributed nodes,
which are devices or processes, that participate in a
network and store a complete or partial replica of the
ledger;
(B) is synchronized between the nodes;
(C) has data appended to it by following the
ledger's specified consensus mechanism;
(D) may be accessible to anyone (public) or
restricted to a subset of participants (private); and
(E) may require participants to have authorization
to perform certain actions (engaging) or require no
authorization (permissionless).
(3) Distributed ledger technology.--The term ``distributed
ledger technology'' means technology that enables the operation
and use of distributed ledgers.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(5) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Science, Space, and Technology
of the House of Representatives.
(6) Smart contract.--The term ``smart contract'' means a
computer program stored in a distributed ledger system that is
executed when certain predefined conditions are satisfied and
wherein the outcome of any execution of the program may be
recorded on the distributed ledger.
(b) National Distributed Ledger Technology Research and Development
Strategy.--
(1) In general.--The Director, or a designee of the
Director, shall, in coordination with the National Science and
Technology Council, and the heads of such other relevant
Federal agencies and entities as the Director considers
appropriate, which may include the National Academies, and in
consultation with such nongovernmental entities as the Director
considers appropriate, develop a national strategy for the
research and development of distributed ledger technologies and
their applications, including applications of public and
permissionless distributed ledgers. In developing the national
strategy, the Director shall consider the following:
(A) Current efforts and coordination by Federal
agencies to invest in the research and development of
distributed ledger technologies and their applications,
including through programs like the Small Business
Innovation Research program, the Small Business
Technology Transfer program, and the National Science
Foundation's Innovation Corps programs.
(B)(i) The potential benefits and risks of
applications of distributed ledger technologies across
different industry sectors, including their potential
to--
(I) lower transactions costs and facilitate
new types of commercial transactions;
(II) protect privacy and increase
individuals' data sovereignty;
(III) reduce friction to the
interoperability of digital systems;
(IV) increase the accessibility,
auditability, security, efficiency, and
transparency of digital services;
(V) increase market competition in the
provision of digital services;
(VI) enable dynamic contracting and
contract execution through smart contracts;
(VII) enable participants to collaborate in
trustless and disintermediated environments;
(VIII) enable the operations and governance
of distributed organizations;
(IX) create new ownership models for
digital items; and
(X) increase participation of populations
historically underrepresented in the
technology, business, and financial sectors.
(ii) In consideration of the potential risks of
applications of distributed ledger technologies under
clause (i), the Director shall take into account, where
applicable--
(I) additional risks that may emerge from
distributed ledger technologies, as identified
in reports submitted to the President pursuant
to Executive Order 14067, that may be addressed
by research and development;
(II) software vulnerabilities in
distributed ledger technologies and smart
contracts;
(III) limited consumer literacy on engaging
with applications of distributed ledger
technologies in a secure way;
(IV) the use of distributed ledger
technologies in illicit finance and their use
in combating illicit finance;
(V) manipulative, deceptive, and fraudulent
practices that harm consumers engaging with
applications of distributed ledger
technologies;
(VI) the implications of different
consensus mechanisms for digital ledgers and
governance and accountability mechanisms for
applications of distributed ledger
technologies, which may include decentralized
networks;
(VII) foreign activities in the development
and deployment of distributed ledger
technologies and their associated tools and
infrastructure; and
(VIII) environmental, sustainability, and
economic impacts of the computational resources
required for distributed ledger technologies.
(C) Potential uses for distributed ledger
technologies that could improve the operations and
delivery of services by Federal agencies, taking into
account the potential of digital ledger technologies
to--
(i) improve the efficiency and
effectiveness of privacy-preserving data
sharing among Federal agencies and with State,
local, territorial, and Tribal governments;
(ii) promote government transparency by
improving data sharing with the public;
(iii) introduce or mitigate risks that may
threaten individuals' rights or broad access to
Federal services;
(iv) automate and modernize processes for
assessing and ensuring regulatory compliance;
and
(v) facilitate broad access to financial
services for underserved and underbanked
populations.
(D) Ways to support public and private sector
dialogue on areas of research that could enhance the
efficiency, scalability, interoperability, security,
and privacy of applications using distributed ledger
technologies.
(E) The need for increased coordination of the
public and private sectors on the development of
voluntary standards in order to promote research and
development, including standards regarding security,
smart contracts, cryptographic protocols, virtual
routing and forwarding, interoperability, zero-
knowledge proofs, and privacy, for distributed ledger
technologies and their applications.
(F) Applications of distributed ledger technologies
that could positively benefit society but that receive
relatively little private sector investment.
(G) The United States position in global leadership
and competitiveness across research, development, and
deployment of distributed ledger technologies.
(2) Consultation.--
(A) In general.--In carrying out the Director's
duties under this subsection, the Director shall
consult with the following:
(i) Private industry.
(ii) Institutions of higher education,
including minority-serving institutions.
(iii) Nonprofit organizations, including
foundations dedicated to supporting distributed
ledger technologies and their applications.
(iv) State governments.
(v) Such other persons as the Director
considers appropriate.
(B) Representation.--The Director shall ensure
consultations with the following:
(i) Rural and urban stakeholders from
across the Nation.
(ii) Small, medium, and large businesses.
(iii) Subject matter experts representing
multiple industrial sectors.
(iv) A demographically diverse set of
stakeholders.
(3) Coordination.--In carrying out this subsection, the
Director shall, for purposes of avoiding duplication of
activities, consult, cooperate, and coordinate with the
programs and policies of other relevant Federal agencies,
including the interagency process outlined in section 3 of
Executive Order 14067 (87 Fed. Reg. 14143; relating ensuring
responsible development of digital assets).
(4) National strategy.--Not later than 1 year after the
date of enactment of this Act, the Director shall submit to the
relevant congressional committees and the President a national
strategy that includes the following:
(A) Priorities for the research and development of
distributed ledger technologies and their applications.
(B) Plans to support public and private sector
investment and partnerships in research and technology
development for societally beneficial applications of
distributed ledger technologies.
(C) Plans to mitigate the risks of distributed
ledger technologies and their applications.
(D) An identification of additional resources,
administrative action, or legislative action
recommended to assist with the implementation of such
strategy.
(5) Research and development funding.--The Director shall,
as the Director considers necessary, consult with the Director
of the Office of Management and Budget and with the heads of
such other elements of the Executive Office of the President as
the Director considers appropriate, to ensure that the
recommendations and priorities with respect to research and
development funding, as expressed in the national strategy
developed under this subsection, are incorporated in the
development of annual budget requests for Federal research
agencies.
(c) Distributed Ledger Technology Research.--
(1) In general.--Subject to the availability of
appropriations, the Director of the National Science Foundation
shall make awards, on a competitive basis, to institutions of
higher education, including minority-serving institutions, or
nonprofit organizations (or consortia of such institutions or
organizations) to support research, including interdisciplinary
research, on distributed ledger technologies, their
applications, and other issues that impact or are caused by
distributed ledger technologies, which may include research
on--
(A) the implications on trust, transparency,
privacy, accessibility, accountability, and energy
consumption of different consensus mechanisms and
hardware choices, and approaches for addressing these
implications;
(B) approaches for improving the security, privacy,
resiliency, interoperability, performance, and
scalability of distributed ledger technologies and
their applications, which may include decentralized
networks;
(C) approaches for identifying and addressing
vulnerabilities and improving the performance and
expressive power of smart contracts;
(D) the implications of quantum computing on
applications of distributed ledger technologies,
including long-term protection of sensitive information
(such as medical or digital property), and techniques
to address them;
(E) game theory, mechanism design, and economics
underpinning and facilitating the operations and
governance of decentralized networks enabled by
distributed ledger technologies;
(F) the social behaviors of participants in
decentralized networks enabled by distributed ledger
technologies;
(G) human-centric design approaches to make
distributed ledger technologies and their applications
more usable and accessible;
(H) use cases for distributed ledger technologies
across various industry sectors and government,
including applications pertaining to--
(i) digital identity, including trusted
identity and identity management;
(ii) digital property rights;
(iii) delivery of public services;
(iv) supply chain transparency;
(v) medical information management;
(vi) inclusive financial services;
(vii) community governance;
(viii) charitable giving;
(ix) public goods funding;
(x) digital credentials;
(xi) regulatory compliance;
(xii) infrastructure resilience, including
against natural disasters; and
(xiii) peer-to-peer transactions; and
(I) the social, behavioral, and economic
implications associated with the growth of applications
of distributed ledger technologies, including
decentralization in business, financial, and economic
systems.
(2) Accelerating innovation.--The Director of the National
Science Foundation shall consider continuing to support
startups that are in need of funding, would develop in and
contribute to the economy of the United States, leverage
distributed ledger technologies, have the potential to
positively benefit society, and have the potential for
commercial viability, through programs like the Small Business
Innovation Research program, the Small Business Technology
Transfer program, and, as appropriate, other programs that
promote broad and diverse participation.
(3) Consideration of national distributed ledger technology
research and development strategy.--In making awards under
paragraph (1), the Director of the National Science Foundation
shall take into account the national strategy, as described in
subsection (b)(4).
(4) Fundamental research.--The Director of the National
Science Foundation shall consider continuing to make awards
supporting fundamental research in areas related to distributed
ledger technologies and their applications, such as applied
cryptography and distributed systems.
(d) Distributed Ledger Technology Applied Research Project.--
(1) Applied research project.--Subject to the availability
of appropriations, the Director of the National Institute of
Standards and Technology, may carry out an applied research
project to study and demonstrate the potential benefits and
unique capabilities of distributed ledger technologies.
(2) Activities.--In carrying out the applied research
project, the Director of the National Institute of Standards
and Technology shall--
(A) identify potential applications of distributed
ledger technologies, including those that could benefit
activities at the Department of Commerce or at other
Federal agencies, considering applications that could--
(i) improve the privacy and
interoperability of digital identity and access
management solutions;
(ii) increase the integrity and
transparency of supply chains through the
secure and limited sharing of relevant supplier
information;
(iii) facilitate broader participation in
distributed ledger technologies of populations
historically underrepresented in technology,
business, and financial sectors; or
(iv) be of benefit to the public or private
sectors, as determined by the Director in
consultation with relevant stakeholders;
(B) solicit and provide the opportunity for public
comment relevant to potential projects;
(C) consider, in the selection of a project,
whether the project addresses a pressing need not
already addressed by another organization or Federal
agency;
(D) establish plans to mitigate potential risks,
including those outlined in subsection (b)(1)(B)(ii),
if applicable, of potential projects;
(E) produce an example solution leveraging
distributed ledger technologies for 1 of the
applications identified in subparagraph (A);
(F) hold a competitive process to select private
sector partners, if they are engaged, to support the
implementation of the example solution;
(G) consider hosting the project at the National
Cybersecurity Center of Excellence; and
(H) ensure that cybersecurity best practices
consistent with the Cybersecurity Frame work of the
National Institute of Standards and Technology are
demonstrated in the project.
(3) Briefings to congress.--Not later than 1 year after the
date of enactment of this Act, the Director of the National
Institute of Standards and Technology shall offer a briefing to
the relevant congressional committees on the progress and
current findings from the project under this subsection.
(4) Public report.--Not later than 12 months after the
completion of the project under this subsection, the Director
of the National Institute of Standards and Technology shall
make public a report on the results and findings from the
project.
SEC. 5914. TECHNICAL CORRECTIONS.
The Energy Policy Act of 2005 is amended--
(1) in section 952(a)(2)(A) (42 U.S.C. 16272(a)(2)(A)), by
striking ``shall evaluate the technical and economic
feasibility of the establishment of'' and inserting ``shall
evaluate the technical and economic feasibility of establishing
and, if feasible, is authorized to establish''; and
(2) in section 954(a)(5) (42 U.S.C. 16274(a)(5)), by--
(A) redesignating subparagraph (E) as subparagraph
(F); and
(B) by inserting after subparagraph (D) the
following:
``(E) Fuel services.--The Research Reactor
Infrastructure subprogram within the Radiological
Facilities Management program of the Department, as
authorized by paragraph (6), shall be expanded to
provide fuel services to research reactors established
by this paragraph.''.
Subtitle C--FedRamp Authorization Act
SEC. 5921. FEDRAMP AUTHORIZATION ACT.
(a) Short Title.--This section may be cited as the ``FedRAMP
Authorization Act''.
(b) Amendment.--Chapter 36 of title 44, United States Code, is
amended by adding at the end the following:
``Sec. 3607. Definitions
``(a) In General.--Except as provided under subsection (b), the
definitions under sections 3502 and 3552 apply to this section through
section 3616.
``(b) Additional Definitions.--In this section through section
3616:
``(1) Administrator.--The term `Administrator' means the
Administrator of General Services.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Reform of the House of
Representatives.
``(3) Authorization to operate; federal information.--The
terms `authorization to operate' and `Federal information' have
the meaning given those term in Circular A-130 of the Office of
Management and Budget entitled `Managing Information as a
Strategic Resource', or any successor document.
``(4) Cloud computing.--The term `cloud computing' has the
meaning given the term in Special Publication 800-145 of the
National Institute of Standards and Technology, or any
successor document.
``(5) Cloud service provider.--The term `cloud service
provider' means an entity offering cloud computing products or
services to agencies.
``(6) FedRAMP.--The term `FedRAMP' means the Federal Risk
and Authorization Management Program established under section
3608.
``(7) FedRAMP authorization.--The term `FedRAMP
authorization' means a certification that a cloud computing
product or service has--
``(A) completed a FedRAMP authorization process, as
determined by the Administrator; or
``(B) received a FedRAMP provisional authorization
to operate, as determined by the FedRAMP Board.
``(8) Fedramp authorization package.--The term `FedRAMP
authorization package' means the essential information that can
be used by an agency to determine whether to authorize the
operation of an information system or the use of a designated
set of common controls for all cloud computing products and
services authorized by FedRAMP.
``(9) FedRAMP board.--The term `FedRAMP Board' means the
board established under section 3610.
``(10) Independent assessment service.--The term
`independent assessment service' means a third-party
organization accredited by the Administrator to undertake
conformity assessments of cloud service providers and the
products or services of cloud service providers.
``(11) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``Sec. 3608. Federal Risk and Authorization Management Program
``There is established within the General Services Administration
the Federal Risk and Authorization Management Program. The
Administrator, subject to section 3614, shall establish a Government-
wide program that provides a standardized, reusable approach to
security assessment and authorization for cloud computing products and
services that process unclassified information used by agencies.
``Sec. 3609. Roles and responsibilities of the General Services
Administration
``(a) Roles and Responsibilities.--The Administrator shall--
``(1) in consultation with the Secretary, develop,
coordinate, and implement a process to support agency review,
reuse, and standardization, where appropriate, of security
assessments of cloud computing products and services,
including, as appropriate, oversight of continuous monitoring
of cloud computing products and services, pursuant to guidance
issued by the Director pursuant to section 3614;
``(2) establish processes and identify criteria consistent
with guidance issued by the Director under section 3614 to make
a cloud computing product or service eligible for a FedRAMP
authorization and validate whether a cloud computing product or
service has a FedRAMP authorization;
``(3) develop and publish templates, best practices,
technical assistance, and other materials to support the
authorization of cloud computing products and services and
increase the speed, effectiveness, and transparency of the
authorization process, consistent with standards and guidelines
established by the Director of the National Institute of
Standards and Technology and relevant statutes;
``(4) establish and update guidance on the boundaries of
FedRAMP authorization packages to enhance the security and
protection of Federal information and promote transparency for
agencies and users as to which services are included in the
scope of a FedRAMP authorization;
``(5) grant FedRAMP authorizations to cloud computing
products and services consistent with the guidance and
direction of the FedRAMP Board;
``(6) establish and maintain a public comment process for
proposed guidance and other FedRAMP directives that may have a
direct impact on cloud service providers and agencies before
the issuance of such guidance or other FedRAMP directives;
``(7) coordinate with the FedRAMP Board, the Director of
the Cybersecurity and Infrastructure Security Agency, and other
entities identified by the Administrator, with the concurrence
of the Director and the Secretary, to establish and regularly
update a framework for continuous monitoring under section
3553;
``(8) provide a secure mechanism for storing and sharing
necessary data, including FedRAMP authorization packages, to
enable better reuse of such packages across agencies, including
making available any information and data necessary for
agencies to fulfill the requirements of section 3613;
``(9) provide regular updates to applicant cloud service
providers on the status of any cloud computing product or
service during an assessment process;
``(10) regularly review, in consultation with the FedRAMP
Board--
``(A) the costs associated with the independent
assessment services described in section 3611; and
``(B) the information relating to foreign interests
submitted pursuant to section 3612;
``(11) in coordination with the Director, the Secretary,
and other stakeholders, as appropriate, determine the
sufficiency of underlying requirements to identify and assess
the provenance of the software in cloud services and products;
``(12) support the Federal Secure Cloud Advisory Committee
established pursuant to section 3616; and
``(13) take such other actions as the Administrator may
determine necessary to carry out FedRAMP.
``(b) Website.--
``(1) In general.--The Administrator shall maintain a
public website to serve as the authoritative repository for
FedRAMP, including the timely publication and updates for all
relevant information, guidance, determinations, and other
materials required under subsection (a).
``(2) Criteria and process for fedramp authorization
priorities.--The Administrator shall develop and make publicly
available on the website described in paragraph (1) the
criteria and process for prioritizing and selecting cloud
computing products and services that will receive a FedRAMP
authorization, in consultation with the FedRAMP Board and the
Chief Information Officers Council.
``(c) Evaluation of Automation Procedures.--
``(1) In general.--The Administrator, in coordination with
the Secretary, shall assess and evaluate available automation
capabilities and procedures to improve the efficiency and
effectiveness of the issuance of FedRAMP authorizations,
including continuous monitoring of cloud computing products and
services.
``(2) Means for automation.--Not later than 1 year after
the date of enactment of this section, and updated regularly
thereafter, the Administrator shall establish a means for the
automation of security assessments and reviews.
``(d) Metrics for Authorization.--The Administrator shall establish
annual metrics regarding the time and quality of the assessments
necessary for completion of a FedRAMP authorization process in a manner
that can be consistently tracked over time in conjunction with the
periodic testing and evaluation process pursuant to section 3554 in a
manner that minimizes the agency reporting burden.
``Sec. 3610. FedRAMP Board
``(a) Establishment.--There is established a FedRAMP Board to
provide input and recommendations to the Administrator regarding the
requirements and guidelines for, and the prioritization of, security
assessments of cloud computing products and services.
``(b) Membership.--The FedRAMP Board shall consist of not more than
7 senior officials or experts from agencies appointed by the Director,
in consultation with the Administrator, from each of the following:
``(1) The Department of Defense.
``(2) The Department of Homeland Security.
``(3) The General Services Administration.
``(4) Such other agencies as determined by the Director, in
consultation with the Administrator.
``(c) Qualifications.--Members of the FedRAMP Board appointed under
subsection (b) shall have technical expertise in domains relevant to
FedRAMP, such as--
``(1) cloud computing;
``(2) cybersecurity;
``(3) privacy;
``(4) risk management; and
``(5) other competencies identified by the Director to
support the secure authorization of cloud services and
products.
``(d) Duties.--The FedRAMP Board shall--
``(1) in consultation with the Administrator, serve as a
resource for best practices to accelerate the process for
obtaining a FedRAMP authorization;
``(2) establish and regularly update requirements and
guidelines for security authorizations of cloud computing
products and services, consistent with standards and guidelines
established by the Director of the National Institute of
Standards and Technology, to be used in the determination of
FedRAMP authorizations;
``(3) monitor and oversee, to the greatest extent
practicable, the processes and procedures by which agencies
determine and validate requirements for a FedRAMP
authorization, including periodic review of the agency
determinations described in section 3613(b);
``(4) ensure consistency and transparency between agencies
and cloud service providers in a manner that minimizes
confusion and engenders trust; and
``(5) perform such other roles and responsibilities as the
Director may assign, with concurrence from the Administrator.
``(e) Determinations of Demand for Cloud Computing Products and
Services.--The FedRAMP Board may consult with the Chief Information
Officers Council to establish a process, which may be made available on
the website maintained under section 3609(b), for prioritizing and
accepting the cloud computing products and services to be granted a
FedRAMP authorization.
``Sec. 3611. Independent assessment
``The Administrator may determine whether FedRAMP may use an
independent assessment service to analyze, validate, and attest to the
quality and compliance of security assessment materials provided by
cloud service providers during the course of a determination of whether
to use a cloud computing product or service.
``Sec. 3612. Declaration of foreign interests
``(a) In General.--An independent assessment service that performs
services described in section 3611 shall annually submit to the
Administrator information relating to any foreign interest, foreign
influence, or foreign control of the independent assessment service.
``(b) Updates.--Not later than 48 hours after there is a change in
foreign ownership or control of an independent assessment service that
performs services described in section 3611, the independent assessment
service shall submit to the Administrator an update to the information
submitted under subsection (a).
``(c) Certification.--The Administrator may require a
representative of an independent assessment service to certify the
accuracy and completeness of any information submitted under this
section.
``Sec. 3613. Roles and responsibilities of agencies
``(a) In General.--In implementing the requirements of FedRAMP, the
head of each agency shall, consistent with guidance issued by the
Director pursuant to section 3614--
``(1) promote the use of cloud computing products and
services that meet FedRAMP security requirements and other
risk-based performance requirements as determined by the
Director, in consultation with the Secretary;
``(2) confirm whether there is a FedRAMP authorization in
the secure mechanism provided under section 3609(a)(8) before
beginning the process of granting a FedRAMP authorization for a
cloud computing product or service;
``(3) to the extent practicable, for any cloud computing
product or service the agency seeks to authorize that has
received a FedRAMP authorization, use the existing assessments
of security controls and materials within any FedRAMP
authorization package for that cloud computing product or
service; and
``(4) provide to the Director data and information required
by the Director pursuant to section 3614 to determine how
agencies are meeting metrics established by the Administrator.
``(b) Attestation.--Upon completing an assessment or authorization
activity with respect to a particular cloud computing product or
service, if an agency determines that the information and data the
agency has reviewed under paragraph (2) or (3) of subsection (a) is
wholly or substantially deficient for the purposes of performing an
authorization of the cloud computing product or service, the head of
the agency shall document as part of the resulting FedRAMP
authorization package the reasons for this determination.
``(c) Submission of Authorizations to Operate Required.--Upon
issuance of an agency authorization to operate based on a FedRAMP
authorization, the head of the agency shall provide a copy of its
authorization to operate letter and any supplementary information
required pursuant to section 3609(a) to the Administrator.
``(d) Submission of Policies Required.--Not later than 180 days
after the date on which the Director issues guidance in accordance with
section 3614(1), the head of each agency, acting through the chief
information officer of the agency, shall submit to the Director all
agency policies relating to the authorization of cloud computing
products and services.
``(e) Presumption of Adequacy.--
``(1) In general.--The assessment of security controls and
materials within the authorization package for a FedRAMP
authorization shall be presumed adequate for use in an agency
authorization to operate cloud computing products and services.
``(2) Information security requirements.--The presumption
under paragraph (1) does not modify or alter--
``(A) the responsibility of any agency to ensure
compliance with subchapter II of chapter 35 for any
cloud computing product or service used by the agency;
or
``(B) the authority of the head of any agency to
make a determination that there is a demonstrable need
for additional security requirements beyond the
security requirements included in a FedRAMP
authorization for a particular control implementation.
``Sec. 3614. Roles and responsibilities of the Office of Management and
Budget
``The Director shall--
``(1) in consultation with the Administrator and the
Secretary, issue guidance that--
``(A) specifies the categories or characteristics
of cloud computing products and services that are
within the scope of FedRAMP;
``(B) includes requirements for agencies to obtain
a FedRAMP authorization when operating a cloud
computing product or service described in subparagraph
(A) as a Federal information system; and
``(C) encompasses, to the greatest extent
practicable, all necessary and appropriate cloud
computing products and services;
``(2) issue guidance describing additional responsibilities
of FedRAMP and the FedRAMP Board to accelerate the adoption of
secure cloud computing products and services by the Federal
Government;
``(3) in consultation with the Administrator, establish a
process to periodically review FedRAMP authorization packages
to support the secure authorization and reuse of secure cloud
products and services;
``(4) oversee the effectiveness of FedRAMP and the FedRAMP
Board, including the compliance by the FedRAMP Board with the
duties described in section 3610(d); and
``(5) to the greatest extent practicable, encourage and
promote consistency of the assessment, authorization, adoption,
and use of secure cloud computing products and services within
and across agencies.
``Sec. 3615. Reports to Congress; GAO report
``(a) Reports to Congress.--Not later than 1 year after the date of
enactment of this section, and annually thereafter, the Director shall
submit to the appropriate congressional committees a report that
includes the following:
``(1) During the preceding year, the status, efficiency,
and effectiveness of the General Services Administration under
section 3609 and agencies under section 3613 and in supporting
the speed, effectiveness, sharing, reuse, and security of
authorizations to operate for secure cloud computing products
and services.
``(2) Progress towards meeting the metrics required under
section 3609(d).
``(3) Data on FedRAMP authorizations.
``(4) The average length of time to issue FedRAMP
authorizations.
``(5) The number of FedRAMP authorizations submitted,
issued, and denied for the preceding year.
``(6) A review of progress made during the preceding year
in advancing automation techniques to securely automate FedRAMP
processes and to accelerate reporting under this section.
``(7) The number and characteristics of authorized cloud
computing products and services in use at each agency
consistent with guidance provided by the Director under section
3614.
``(8) A review of FedRAMP measures to ensure the security
of data stored or processed by cloud service providers, which
may include--
``(A) geolocation restrictions for provided
products or services;
``(B) disclosures of foreign elements of supply
chains of acquired products or services;
``(C) continued disclosures of ownership of cloud
service providers by foreign entities; and
``(D) encryption for data processed, stored, or
transmitted by cloud service providers.
``(b) GAO Report.--Not later than 180 days after the date of
enactment of this section, the Comptroller General of the United States
shall report to the appropriate congressional committees an assessment
of the following:
``(1) The costs incurred by agencies and cloud service
providers relating to the issuance of FedRAMP authorizations.
``(2) The extent to which agencies have processes in place
to continuously monitor the implementation of cloud computing
products and services operating as Federal information systems.
``(3) How often and for which categories of products and
services agencies use FedRAMP authorizations.
``(4) The unique costs and potential burdens incurred by
cloud computing companies that are small business concerns (as
defined in section 3(a) of the Small Business Act (15 U.S.C.
632(a)) as a part of the FedRAMP authorization process.
``Sec. 3616. Federal Secure Cloud Advisory Committee
``(a) Establishment, Purposes, and Duties.--
``(1) Establishment.--There is established a Federal Secure
Cloud Advisory Committee (referred to in this section as the
`Committee') to ensure effective and ongoing coordination of
agency adoption, use, authorization, monitoring, acquisition,
and security of cloud computing products and services to enable
agency mission and administrative priorities.
``(2) Purposes.--The purposes of the Committee are the
following:
``(A) To examine the operations of FedRAMP and
determine ways that authorization processes can
continuously be improved, including the following:
``(i) Measures to increase agency reuse of
FedRAMP authorizations.
``(ii) Proposed actions that can be adopted
to reduce the burden, confusion, and cost
associated with FedRAMP authorizations for
cloud service providers.
``(iii) Measures to increase the number of
FedRAMP authorizations for cloud computing
products and services offered by small
businesses concerns (as defined by section 3(a)
of the Small Business Act (15 U.S.C. 632(a)).
``(iv) Proposed actions that can be adopted
to reduce the burden and cost of FedRAMP
authorizations for agencies.
``(B) Collect information and feedback on agency
compliance with and implementation of FedRAMP
requirements.
``(C) Serve as a forum that facilitates
communication and collaboration among the FedRAMP
stakeholder community.
``(3) Duties.--The duties of the Committee include
providing advice and recommendations to the Administrator, the
FedRAMP Board, and agencies on technical, financial,
programmatic, and operational matters regarding secure adoption
of cloud computing products and services.
``(b) Members.--
``(1) Composition.--The Committee shall be comprised of not
more than 15 members who are qualified representatives from the
public and private sectors, appointed by the Administrator, in
consultation with the Director, as follows:
``(A) The Administrator or the Administrator's
designee, who shall be the Chair of the Committee.
``(B) At least 1 representative each from the
Cybersecurity and Infrastructure Security Agency and
the National Institute of Standards and Technology.
``(C) At least 2 officials who serve as the Chief
Information Security Officer within an agency, who
shall be required to maintain such a position
throughout the duration of their service on the
Committee.
``(D) At least 1 official serving as Chief
Procurement Officer (or equivalent) in an agency, who
shall be required to maintain such a position
throughout the duration of their service on the
Committee.
``(E) At least 1 individual representing an
independent assessment service.
``(F) At least 5 representatives from unique
businesses that primarily provide cloud computing
services or products, including at least 2
representatives from a small business concern (as
defined by section 3(a) of the Small Business Act (15
U.S.C. 632(a))).
``(G) At least 2 other representatives of the
Federal Government as the Administrator determines
necessary to provide sufficient balance, insights, or
expertise to the Committee.
``(2) Deadline for appointment.--Each member of the
Committee shall be appointed not later than 90 days after the
date of enactment of this section.
``(3) Period of appointment; vacancies.--
``(A) In general.--Each non-Federal member of the
Committee shall be appointed for a term of 3 years,
except that the initial terms for members may be
staggered 1-, 2-, or 3-year terms to establish a
rotation in which one-third of the members are selected
each year. Any such member may be appointed for not
more than 2 consecutive terms.
``(B) Vacancies.--Any vacancy in the Committee
shall not affect its powers, but shall be filled in the
same manner in which the original appointment was made.
Any member appointed to fill a vacancy occurring before
the expiration of the term for which the member's
predecessor was appointed shall be appointed only for
the remainder of that term. A member may serve after
the expiration of that member's term until a successor
has taken office.
``(c) Meetings and Rules of Procedures.--
``(1) Meetings.--The Committee shall hold not fewer than 3
meetings in a calendar year, at such time and place as
determined by the Chair.
``(2) Initial meeting.--Not later than 120 days after the
date of enactment of this section, the Committee shall meet and
begin the operations of the Committee.
``(3) Rules of procedure.--The Committee may establish
rules for the conduct of the business of the Committee if such
rules are not inconsistent with this section or other
applicable law.
``(d) Employee Status.--
``(1) In general.--A member of the Committee (other than a
member who is appointed to the Committee in connection with
another Federal appointment) shall not be considered an
employee of the Federal Government by reason of any service as
such a member, except for the purposes of section 5703 of title
5, relating to travel expenses.
``(2) Pay not permitted.--A member of the Committee covered
by paragraph (1) may not receive pay by reason of service on
the Committee.
``(e) Applicability to the Federal Advisory Committee Act.--Section
14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Committee.
``(f) Detail of Employees.--Any Federal Government employee may be
detailed to the Committee without reimbursement from the Committee, and
such detailee shall retain the rights, status, and privileges of his or
her regular employment without interruption.
``(g) Postal Services.--The Committee may use the United States
mails in the same manner and under the same conditions as agencies.
``(h) Reports.--
``(1) Interim reports.--The Committee may submit to the
Administrator and Congress interim reports containing such
findings, conclusions, and recommendations as have been agreed
to by the Committee.
``(2) Annual reports.--Not later than 540 days after the
date of enactment of this section, and annually thereafter, the
Committee shall submit to the Administrator and Congress a
report containing such findings, conclusions, and
recommendations as have been agreed to by the Committee.''.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 36 of title 44, United States Code, is amended by adding at the
end the following new items:
``3607. Definitions.
``3608. Federal Risk and Authorization Management Program.
``3609. Roles and responsibilities of the General Services
Administration.
``3610. FedRAMP Board.
``3611. Independent assessment.
``3612. Declaration of foreign interests.
``3613. Roles and responsibilities of agencies.
``3614. Roles and responsibilities of the Office of Management and
Budget.
``3615. Reports to Congress; GAO report.
``3616. Federal Secure Cloud Advisory Committee.''.
(d) Sunset.--
(1) In general.--Effective on the date that is 5 years
after the date of enactment of this Act, chapter 36 of title
44, United States Code, is amended by striking sections 3607
through 3616.
(2) Conforming amendment.--Effective on the date that is 5
years after the date of enactment of this Act, the table of
sections for chapter 36 of title 44, United States Code, is
amended by striking the items relating to sections 3607 through
3616.
(e) Rule of Construction.--Nothing in this section or any amendment
made by this section shall be construed as altering or impairing the
authorities of the Director of the Office of Management and Budget or
the Secretary of Homeland Security under subchapter II of chapter 35 of
title 44, United States Code.
Subtitle D--Judicial Security and Privacy
SEC. 5931. SHORT TITLE.
This subtitle may be cited as the ``Daniel Anderl Judicial Security
and Privacy Act of 2022''.
SEC. 5932. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Members of the Federal judiciary perform the important
function of interpreting the Constitution of the United States
and administering justice in a fair and impartial manner.
(2) In recent years, partially as a result of the rise in
the use of social media and online access to information,
members of the Federal judiciary have been exposed to an
increased number of personal threats in connection to their
role. The ease of access to free or inexpensive sources of
covered information has considerably lowered the effort
required for malicious actors to discover where individuals
live and where they spend leisure hours and to find information
about their family members. Such threats have included calling
a judge a traitor with references to mass shootings and serial
killings, a murder attempt on a justice of the Supreme Court of
the United States, calling for an ``angry mob'' to gather
outside a home of a judge and, in reference to a judge on the
court of appeals of the United States, stating how easy it
would be to ``get them''.
(3) Between 2015 and 2019, threats and other inappropriate
communications against Federal judges and other judiciary
personnel increased from 926 in 2015 to approximately 4,449 in
2019.
(4) Over the past decade, several members of the Federal
judiciary have experienced acts of violence against themselves
or a family member in connection to their Federal judiciary
role, including the murder in 2005 of the family of Joan
Lefkow, a judge for the United States District Court for the
Northern District of Illinois.
(5) On Sunday July 19, 2020, an assailant went to the home
of Esther Salas, a judge for the United States District Court
for the District of New Jersey, impersonating a package
delivery driver, opening fire upon arrival, and killing Daniel
Anderl, the 20-year-old only son of Judge Salas, and seriously
wounding Mark Anderl, her husband.
(6) In the aftermath of the recent tragedy that occurred to
Judge Salas and in response to the continuous rise of threats
against members of the Federal judiciary, there is an immediate
need for enhanced security procedures and increased
availability of tools to protect Federal judges and their
families.
(b) Purpose.--The purpose of this subtitle is to improve the safety
and security of Federal judges, including senior, recalled, or retired
Federal judges, and their immediate family members to ensure Federal
judges are able to administer justice fairly without fear of personal
reprisal from individuals affected by the decisions they make in the
course of carrying out their public duties.
SEC. 5933. DEFINITIONS.
In this subtitle:
(1) At-risk individual.--The term ``at-risk individual''
means--
(A) a Federal judge;
(B) a senior, recalled, or retired Federal judge;
(C) any individual who is the spouse, parent,
sibling, or child of an individual described in
subparagraph (A) or (B);
(D) any individual to whom an individual described
in subparagraph (A) or (B) stands in loco parentis; or
(E) any other individual living in the household of
an individual described in subparagraph (A) or (B).
(2) Covered information.--The term ``covered
information''--
(A) means--
(i) a home address, including primary
residence or secondary residences;
(ii) a home or personal mobile telephone
number;
(iii) a personal email address;
(iv) a social security number or driver's
license number;
(v) a bank account or credit or debit card
information;
(vi) a license plate number or other unique
identifiers of a vehicle owned, leased, or
regularly used by an at-risk individual;
(vii) the identification of children of an
at-risk individual under the age of 18;
(viii) the full date of birth;
(ix) information regarding current or
future school or day care attendance, including
the name or address of the school or day care,
schedules of attendance, or routes taken to or
from the school or day care by an at-risk
individual; or
(x) information regarding the employment
location of an at-risk individual, including
the name or address of the employer, employment
schedules, or routes taken to or from the
employer by an at-risk individual; and
(B) does not include information regarding
employment with a Government agency.
(3) Data broker.--
(A) In general.--The term ``data broker'' means an
entity that collects and sells or licenses to third
parties the personal information of an individual with
whom the entity does not have a direct relationship..
(B) Exclusion.--The term ``data broker'' does not
include a commercial entity engaged in the following
activities:
(i) Engaging in reporting, news-gathering,
speaking, or other activities intended to
inform the public on matters of public interest
or public concern.
(ii) Providing 411 directory assistance or
directory information services, including name,
address, and telephone number, on behalf of or
as a function of a telecommunications carrier.
(iii) Using personal information
internally, providing access to businesses
under common ownership or affiliated by
corporate control, or selling or providing data
for a transaction or service requested by or
concerning the individual whose personal
information is being transferred.
(iv) Providing publicly available
information via real-time or near-real-time
alert services for health or safety purposes.
(v) A consumer reporting agency subject to
the Fair Credit Reporting Act (15 U.S.C. 1681
et seq.).
(vi) A financial institution subject to the
Gramm-Leach-Bliley Act (Public Law 106-102) and
regulations implementing that title.
(vii) A covered entity for purposes of the
privacy regulations promulgated under section
264(c) of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2
note).
(viii) The collection and sale or licensing
of covered information incidental to conducting
the activities described in clauses (i) through
(vii).
(4) Federal judge.--The term ``Federal judge'' means--
(A) a justice of the United States or a judge of
the United States, as those terms are defined in
section 451 of title 28, United States Code;
(B) a bankruptcy judge appointed under section 152
of title 28, United States Code;
(C) a United States magistrate judge appointed
under section 631 of title 28, United States Code;
(D) a judge confirmed by the United States Senate
and empowered by statute in any commonwealth,
territory, or possession to perform the duties of a
Federal judge;
(E) a judge of the United States Court of Federal
Claims appointed under section 171 of title 28, United
States Code;
(F) a judge of the United States Court of Appeals
for Veterans Claims appointed under section 7253 of
title 38, United States Code;
(G) a judge of the United States Court of Appeals
for the Armed Forces appointed under section 942 of
title 10, United States Code;
(H) a judge of the United States Tax Court
appointed under section 7443 of the Internal Revenue
Code of 1986; and
(I) a special trial judge of the United States Tax
Court appointed under section 7443A of the Internal
Revenue Code of 1986.
(5) Government agency.--The term ``Government agency''
includes--
(A) an Executive agency, as defined in section 105
of title 5, United States Code; and
(B) any agency in the judicial branch or
legislative branch.
(6) Immediate family member.--The term ``immediate family
member'' means--
(A) any individual who is the spouse, parent,
sibling, or child of an at-risk individual;
(B) any individual to whom an at-risk individual
stands in loco parentis; or
(C) any other individual living in the household of
an at-risk individual.
(7) Interactive computer service.--The term ``interactive
computer service'' has the meaning given the term in section
230 of the Communications Act of 1934 (47 U.S.C. 230).
(8) Transfer.--The term ``transfer'' means to sell,
license, trade, or exchange for consideration the covered
information of an at-risk individual or immediate family
member.
SEC. 5934. PROTECTING COVERED INFORMATION IN PUBLIC RECORDS.
(a) Government Agencies.--
(1) In general.--Each at-risk individual may--
(A) file written notice of the status of the
individual as an at-risk individual, for themselves and
immediate family members, with each Government agency
that includes information necessary to ensure
compliance with this section; and
(B) request that each Government agency described
in subparagraph (A) mark as private their covered
information and that of their immediate family members.
(2) No public posting.--Government agencies shall not
publicly post or display publicly available content that
includes covered information of an at-risk individual or
immediate family member. Government agencies, upon receipt of a
written request under paragraph (1)(A), shall remove the
covered information of the at-risk individual or immediate
family member from publicly available content not later than 72
hours after such receipt.
(3) Exceptions.--Nothing in this section shall prohibit a
Government agency from providing access to records containing
the covered information of a Federal judge to a third party if
the third party--
(A) possesses a signed release from the Federal
judge or a court order;
(B) is subject to the requirements of title V of
the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.); or
(C) executes a confidentiality agreement with the
Government agency.
(b) Delegation of Authority.--
(1) In general.--An at-risk individual may directly, or
through an agent designated by the at-risk individual, make any
notice or request required or authorized by this section on
behalf of the at-risk individual. The notice or request shall
be in writing and contain information necessary to ensure
compliance with this section, including information expressly
referencing the prohibition on the posting or transfer of
covered information, information regarding redress and
penalties for violations provided in subsection (f), and
contact information to allow the recipient to verify the
accuracy of any notice or request and answer questions by the
recipient of the notice or request.
(2) Authorization of government agencies to make
requests.--
(A) Administrative office of the united states
courts.--Upon written request of an at-risk individual
described in subparagraphs (A) through (E) of section
5933(4), the Director of the Administrative Office of
the United States Courts is authorized to make any
notice or request required or authorized by this
section on behalf of the at-risk individual. The notice
or request shall include information necessary to
ensure compliance with this section, as determined by
the Administrative Office of the United States Courts.
The Director may delegate this authority under section
602(d) of title 28, United States Code. Any notice or
request made under this subsection shall be deemed to
have been made by the at-risk individual and comply
with the notice and request requirements of this
section.
(B) United states court of appeals for veterans
claims.--Upon written request of an at-risk individual
described in section 5933(4)(F), the chief judge of the
United States Court of Appeals for Veterans Claims is
authorized to make any notice or request required or
authorized by this section on behalf of the at-risk
individual. Any notice or request made under this
subsection shall be deemed to have been made by the at-
risk individual and comply with the notice and request
requirements of this section.
(C) United states court of appeals for the armed
forces.--Upon written request of an at-risk individual
described in section 5933(4)(G), the chief judge of the
United States Court of Appeals for the Armed Forces is
authorized to make any notice or request required or
authorized by this section on behalf of the at-risk
individual. Any notice or request made under this
subsection shall be deemed to have been made by the at-
risk individual and comply with the notice and request
requirements of this section.
(D) United states tax court.--Upon written request
of an at-risk individual described in subparagraph (H)
or (I) of section 5933(4), the chief judge of the
United States Tax Court is authorized to make any
notice or request required or authorized by this
section on behalf of the at-risk individual. Any notice
or request made under this subsection shall be deemed
to have been made by the at-risk individual and comply
with the notice and request requirements of this
section.
(c) State and Local Governments.--
(1) Grant program to prevent disclosure of personal
information of at-risk individuals or immediate family
members.--
(A) Authorization.--The Attorney General may make
grants to prevent the release of covered information of
at-risk individuals and immediate family members (in
this subsection referred to as ``judges' covered
information'') to the detriment of such individuals or
their immediate family members to an entity that--
(i) is--
(I) a State or unit of local
government, as defined in section 901
of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C.
10251); or
(II) an agency of a State or unit
of local government; and
(ii) operates a State or local database or
registry that contains covered information.
(B) Application.--An entity seeking a grant under
this subsection shall submit to the Attorney General an
application at such time, in such manner, and
containing such information as the Attorney General may
reasonably require.
(2) Scope of grants.--Grants made under this subsection may
be used to create or expand programs designed to protect
judges' covered information, including through--
(A) the creation of programs to redact or remove
judges' covered information, upon the request of an at-
risk individual, from public records in State agencies,
including hiring a third party to redact or remove
judges' covered information from public records;
(B) the expansion of existing programs that the
State may have enacted in an effort to protect judges'
covered information;
(C) the development or improvement of protocols,
procedures, and policies to prevent the release of
judges' covered information;
(D) the defrayment of costs of modifying or
improving existing databases and registries to ensure
that judges' covered information is covered from
release; and
(E) the development of confidential opt out systems
that will enable at-risk individuals to make a single
request to keep judges' covered information out of
multiple databases or registries.
(3) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and biennially
thereafter, the Comptroller General of the United
States, shall submit to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the
House of Representatives an annual report that
includes--
(i) a detailed amount spent by States and
local governments on protecting judges' covered
information;
(ii) where the judges' covered information
was found; and
(iii) the collection of any new types of
personal data found to be used to identify
judges who have received threats, including
prior home addresses, employers, and
institutional affiliations such as nonprofit
boards.
(B) States and local governments.--States and local
governments that receive funds under this subsection
shall submit to the Comptroller General of the United
States a report on data described in clauses (i) and
(ii) of subparagraph (A) to be included in the report
required under that subparagraph.
(d) Data Brokers and Other Businesses.--
(1) Prohibitions.--
(A) Data brokers.--It shall be unlawful for a data
broker to knowingly sell, license, trade for
consideration, transfer, or purchase covered
information of an at-risk individual or immediate
family members.
(B) Other persons and businesses.--
(i) In general.--Except as provided in
clause (ii), no person, business, or
association shall publicly post or publicly
display on the internet covered information of
an at-risk individual or immediate family
member if the at-risk individual has made a
written request to that person, business, or
association not to disclose or acquire the
covered information of the at-risk individual
or immediate family member.
(ii) Exceptions.--Clause (i) shall not
apply to--
(I) the display on the internet of
the covered information of an at-risk
individual or immediate family member
if the information is relevant to and
displayed as part of a news story,
commentary, editorial, or other speech
on a matter of public concern;
(II) covered information that the
at-risk individual voluntarily
publishes on the internet after the
date of enactment of this Act; or
(III) covered information lawfully
received from a Federal Government
source (or from an employee or agent of
the Federal Government).
(2) Required conduct.--
(A) In general.--After receiving a written request
under paragraph (1)(B), the person, business, or
association shall--
(i) remove within 72 hours the covered
information identified in the written request
from the internet and ensure that the
information is not made available on any
website or subsidiary website controlled by
that person, business, or association and
identify any other instances of the identified
information that should also be removed; and
(ii) assist the sender to locate the
covered information of the at-risk individual
or immediate family member posted on any
website or subsidiary website controlled by
that person, business, or association.
(B) Transfer.--
(i) In general.--Except as provided in
clause (ii), after receiving a written request
under paragraph (1)(B), the person, business,
or association shall not transfer the covered
information of the at-risk individual or
immediate family member to any other person,
business, or association through any medium.
(ii) Exceptions.--Clause (i) shall not
apply to--
(I) the transfer of the covered
information of the at-risk individual
or immediate family member if the
information is relevant to and
displayed as part of a news story,
commentary, editorial, or other speech
on a matter of public concern;
(II) covered information that the
at-risk individual or immediate family
member voluntarily publishes on the
internet after the date of enactment of
this Act; or
(III) a transfer made at the
request of the at-risk individual or
that is necessary to effectuate a
request to the person, business, or
association from the at-risk
individual.
(e) Data Security.--
(1) Recipients.--Any interactive computer service shall
implement and maintain reasonable security procedures and
practices to protect any information collected or received to
comply with the requirements of this subtitle from unauthorized
use, disclosure, access, destruction, or modification.
(2) Government custodians.--The Administrative Office of
the United States Courts and the administrators of the courts
described in this subtitle shall implement and maintain
reasonable security procedures and practices to protect any
information they collect, receive, or transmit pursuant to the
provisions of this subtitle.
(f) Redress and Penalties.--
(1) In general.--If the covered information of an at-risk
individual described in subparagraphs (A) through (E) of
section 5933(4) or their immediate family is made public as a
result of a violation of this subtitle, the Director of the
Administrative Office of the United States Courts, or the
designee of the Director, may file an action seeking injunctive
or declaratory relief in any court of competent jurisdiction,
through the Department of Justice.
(2) Authority.--The respective chief judge for judges
described in subparagraphs (B), (C), and (D) of section
5934(b)(2) shall have the same authority as the Director under
this paragraph for at-risk individuals in their courts or their
immediate family members.
(3) Penalties and damages.--If a person, business, or
association knowingly violates an order granting injunctive or
declarative relief under paragraph (1), the court issuing such
order may--
(A) if the person, business, or association is a
government agency--
(i) impose a fine not greater than $4,000;
and
(ii) award to the at-risk individual or
their immediate family, as applicable, court
costs and reasonable attorney's fees; and
(B) if the person, business, or association is not
a government agency, award to the at-risk individual or
their immediate family, as applicable--
(i) an amount equal to the actual damages
sustained by the at-risk individual or their
immediate family; and
(ii) court costs and reasonable attorney's
fees.
SEC. 5935. TRAINING AND EDUCATION.
Amounts appropriated to the Federal judiciary for fiscal year 2022,
and each fiscal year thereafter, may be used for biannual judicial
security training for active, senior, or recalled Federal judges
described in subparagraph (A), (B), (C), (D), or (E) of section 5933(4)
and their immediate family members, including--
(1) best practices for using social media and other forms
of online engagement and for maintaining online privacy;
(2) home security program and maintenance;
(3) understanding removal programs and requirements for
covered information; and
(4) any other judicial security training that the United
States Marshals Services and the Administrative Office of the
United States Courts determines is relevant.
SEC. 5936. VULNERABILITY MANAGEMENT CAPABILITY.
(a) Authorization.--
(1) Vulnerability management capability.--The Federal
judiciary is authorized to perform all necessary functions
consistent with the provisions of this subtitle and to support
existing threat management capabilities within the United
States Marshals Service and other relevant Federal law
enforcement and security agencies for active, senior, recalled,
and retired Federal judges described in subparagraphs (A), (B),
(C), (D), and (E) of section 5933(4), including--
(A) monitoring the protection of at-risk
individuals and judiciary assets;
(B) managing the monitoring of websites for covered
information of at-risk individuals and immediate family
members and remove or limit the publication of such
information;
(C) receiving, reviewing, and analyzing complaints
by at-risk individuals of threats, whether direct or
indirect, and report such threats to law enforcement
partners; and
(D) providing training described in section 5935.
(2) Vulnerability management for certain article i
courts.--The functions and support authorized in paragraph (1)
shall be authorized as follows:
(A) The chief judge of the United States Court of
Appeals for Veterans Claims is authorized to perform
such functions and support for the Federal judges
described in section 5933(4)(F).
(B) The United States Court of Appeals for the
Armed Forces is authorized to perform such functions
and support for the Federal judges described in section
5933(4)(G).
(C) The United States Tax Court is authorized to
perform such functions and support for the Federal
judges described in subparagraphs (H) and (I) of
section 5933(4).
(3) Technical and conforming amendment.--Section 604(a) of
title 28, United States Code is amended--
(A) in paragraph (23), by striking ``and'' at the
end;
(B) in paragraph (24) by striking ``him'' and
inserting ``the Director'';
(C) by redesignating paragraph (24) as paragraph
(25); and
(D) by inserting after paragraph (23) the
following:
``(24) Establish and administer a vulnerability management
program in the judicial branch; and''.
(b) Expansion of Capabilities of Office of Protective
Intelligence.--
(1) In general.--The United States Marshals Service is
authorized to expand the current capabilities of the Office of
Protective Intelligence of the Judicial Security Division to
increase the workforce of the Office of Protective Intelligence
to include additional intelligence analysts, United States
deputy marshals, and any other relevant personnel to ensure
that the Office of Protective Intelligence is ready and able to
perform all necessary functions, consistent with the provisions
of this subtitle, in order to anticipate and deter threats to
the Federal judiciary, including--
(A) assigning personnel to State and major urban
area fusion and intelligence centers for the specific
purpose of identifying potential threats against the
Federal judiciary and coordinating responses to such
potential threats;
(B) expanding the use of investigative analysts,
physical security specialists, and intelligence
analysts at the 94 judicial districts and territories
to enhance the management of local and distant threats
and investigations; and
(C) increasing the number of United States Marshal
Service personnel for the protection of the Federal
judicial function and assigned to protective operations
and details for the Federal judiciary.
(2) Information sharing.--If any of the activities of the
United States Marshals Service uncover information related to
threats to individuals other than Federal judges, the United
States Marshals Service shall, to the maximum extent
practicable, share such information with the appropriate
Federal, State, and local law enforcement agencies.
(c) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Department of Justice, in
consultation with the Administrative Office of the United
States Courts, the United States Court of Appeals for Veterans
Claims, the United States Court of Appeals for the Armed
Forces, and the United States Tax Court, shall submit to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report on the
security of Federal judges arising from Federal prosecutions
and civil litigation.
(2) Description.--The report required under paragraph (1)
shall describe--
(A) the number and nature of threats and assaults
against at-risk individuals handling prosecutions and
other matters described in paragraph (1) and the
reporting requirements and methods;
(B) the security measures that are in place to
protect at-risk individuals handling prosecutions
described in paragraph (1), including threat
assessments, response procedures, the availability of
security systems and other devices, firearms licensing
such as deputations, and other measures designed to
protect the at-risk individuals and their immediate
family members; and
(C) for each requirement, measure, or policy
described in subparagraphs (A) and (B), when the
requirement, measure, or policy was developed and who
was responsible for developing and implementing the
requirement, measure, or policy.
(3) Public posting.--The report described in paragraph (1)
shall, in whole or in part, be exempt from public disclosure if
the Attorney General determines that such public disclosure
could endanger an at-risk individual.
SEC. 5937. RULES OF CONSTRUCTION.
(a) In General.--Nothing in this subtitle shall be construed--
(1) to prohibit, restrain, or limit--
(A) the lawful investigation or reporting by the
press of any unlawful activity or misconduct alleged to
have been committed by an at-risk individual or their
immediate family member; or
(B) the reporting on an at-risk individual or their
immediate family member regarding matters of public
concern;
(2) to impair access to decisions and opinions from a
Federal judge in the course of carrying out their public
functions;
(3) to limit the publication or transfer of covered
information with the written consent of the at-risk individual
or their immediate family member; or
(4) to prohibit information sharing by a data broker to a
Federal, State, Tribal, or local government, or any unit
thereof.
(b) Protection of Covered Information.--This subtitle shall be
broadly construed to favor the protection of the covered information of
at-risk individuals and their immediate family members.
SEC. 5938. SEVERABILITY.
If any provision of this subtitle, an amendment made by this
subtitle, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the remainder of
this subtitle and the amendments made by this subtitle, and the
application of the remaining provisions of this subtitle and amendments
to any person or circumstance shall not be affected.
SEC. 5939. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this
subtitle shall take effect on the date of enactment of this Act.
(b) Exception.--Subsections (c)(1), (d), and (e) of section 5934
shall take effect on the date that is 120 days after the date of
enactment of this Act.
Subtitle E--Other Matters
SEC. 5941. SECRETARY OF AGRICULTURE REPORT ON IMPROVING SUPPLY CHAIN
SHORTFALLS AND INFRASTRUCTURE NEEDS AT WHOLESALE PRODUCE
MARKETS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Agriculture shall submit to the
appropriate congressional committees a report on--
(1) the 5 largest wholesale produce markets by annual sales
and volume over the preceding 4 calendar years; and
(2) a representative sample of 8 wholesale produce markets
that are not among the largest wholesale produce markets.
(b) Contents.--The report under subsection (a) shall contain the
following:
(1) An analysis of the supply chain shortfalls in each
wholesale produce market identified under subsection (a), which
shall include an analysis of the following:
(A) State of repair of infrastructure, including
roads, food storage units, and refueling stations.
(B) Disaster preparedness, including with respect
to cyber attacks, weather events, and terrorist
attacks.
(C) Disaster recovery systems, including
coordination with State and Federal agencies.
(2) A description of any actions the Secretary recommends
be taken as a result of the analysis under paragraph (1).
(3) Recommendations, as appropriate, for wholesale produce
market owners and operators, and State and local entities to
improve the supply chain shortfalls identified under paragraph
(1).
(4) Proposals, as appropriate, for legislative actions and
funding needed to improve the supply chain shortfalls.
(c) Consultation.--In completing the report under subsection (a),
the Secretary of Agriculture shall consult with the Secretary of
Transportation, the Secretary of Homeland Security, wholesale produce
market owners and operators, State and local entities, and other
agencies or stakeholders, as determined appropriate by the Secretary.
(d) Appropriate Congressional Committees.--For the purposes of this
section, the term ``appropriate congressional committees'' means the
Committee on Agriculture, the Committee on Homeland Security, and the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and Technology,
the Committee on Homeland Security and Governmental Affairs, and the
Committee on Agriculture, Nutrition, and Forestry of the Senate.
SEC. 5942. EXTENSION OF DEADLINE FOR TRANSFER OF PARCELS OF LAND IN NEW
MEXICO.
Section 3120 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (42 U.S.C. 2391 note) is amended by striking
``2022'' each place that it appears and inserting ``2032''.
SEC. 5943. ENDING GLOBAL WILDLIFE POACHING AND TRAFFICKING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should continue to work
with international partners, including nations, nongovernmental
organizations, and the private sector, to identify long-
standing and emerging areas of concern in wildlife poaching and
trafficking related to global supply and demand; and
(2) the activities and required reporting of the
Presidential Task Force on Wildlife Trafficking, as established
by Executive Order 13648 (78 Fed. Reg. 40621) and modified by
sections 201 and 301 of the Eliminate, Neutralize, and Disrupt
Wildlife Trafficking Act of 2016 (16 U.S.C. 7621 and 7631),
should be reauthorized to minimize the disruption of the work
of such Task Force.
(b) Definitions.--Section 2 of the Eliminate, Neutralize, and
Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7601) is amended--
(1) in paragraph (3), by inserting ``involving local
communities'' after ``approach to conservation'';
(2) by amending paragraph (4) to read as follows:
``(4) Country of concern.--The term `country of concern'
means a foreign country specially designated by the Secretary
of State pursuant to section 201(b) as a major source of
wildlife trafficking products or their derivatives, a major
transit point of wildlife trafficking products or their
derivatives, or a major consumer of wildlife trafficking
products, in which--
``(A) the government has actively engaged in, or
knowingly profited from, the trafficking of protected
species; or
``(B) the government facilitates such trafficking
through conduct that may include a persistent failure
to make serious and sustained efforts to prevent and
prosecute such trafficking.''; and
(3) in paragraph (11), by striking ``section 201'' and
inserting ``section 301''.
(c) Framework for Interagency Response and Reporting.--
(1) Reauthorization of report on major wildlife trafficking
countries.--Section 201 of the Eliminate, Neutralize, and
Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7621) is
amended--
(A) in subsection (a), by striking ``annually
thereafter'' and inserting ``biennially thereafter by
June 1 of each year in which a report is required'';
(B) in subsection (b), by striking ``shall
identify'' and all that follows through the end of the
subsection and inserting ``shall also list each country
determined by the Secretary of State to be a country of
concern within the meaning of this Act''; and
(C) by striking subsection (c) and inserting the
following:
``(c) Procedure for Removing Countries From List.--Concurrently
with the first report required under this section and submitted after
the date of the enactment of this subsection, the Secretary of State,
in consultation with the Secretary of the Interior and the Secretary of
Commerce, shall publish in the Federal Register a procedure for
removing from the list described in subsection (b) any country that no
longer meets the definition of country of concern under section 2(4).
``(d) Sunset.--This section shall cease to have force or effect on
September 30, 2028.''.
(2) Presidential task force on wildlife trafficking
responsibilities.--Section 301(a) of the Eliminate, Neutralize,
and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C.
7631(a)) is amended--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) by redesignating paragraph (5) as paragraph
(9); and
(C) by inserting after paragraph (4) the following:
``(5) pursue programs and develop a strategy--
``(A) to expand the role of technology for anti-
poaching and anti-trafficking efforts, in partnership
with the private sector, foreign governments, academia,
and nongovernmental organizations (including technology
companies and the transportation and logistics
sectors); and
``(B) to enable local governments to develop and
use such technologies;
``(6) consider programs and initiatives that address the
expansion of the illegal wildlife trade to digital platforms,
including the use of digital currency and payment platforms for
transactions by collaborating with the private sector,
academia, and nongovernmental organizations, including social
media, e-commerce, and search engine companies, as appropriate;
``(7)(A) implement interventions to address the drivers of
poaching, trafficking, and demand for illegal wildlife and
wildlife products in focus countries and countries of concern;
``(B) set benchmarks for measuring the effectiveness of
such interventions; and
``(C) consider alignment and coordination with indicators
developed by the Task Force;
``(8) consider additional opportunities to increase
coordination between law enforcement and financial institutions
to identify trafficking activity; and''.
(3) Presidential task force on wildlife trafficking
strategic review.--Section 301 of the Eliminate, Neutralize,
and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7631),
as amended by paragraph (2), is further amended--
(A) in subsection (d)--
(i) in the matter preceding paragraph (1),
by striking ``annually'' and inserting
``biennially'';
(ii) in paragraph (4), by striking ``and''
at the end;
(iii) in paragraph (5), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(6) an analysis of the indicators developed by the Task
Force, and recommended by the Government Accountability Office,
to track and measure inputs, outputs, law enforcement outcomes,
and the market for wildlife products for each focus country
listed in the report, including baseline measures, as
appropriate, for each indicator in each focus country to
determine the effectiveness and appropriateness of such
indicators to assess progress and whether additional or
separate indicators, or adjustments to indicators, may be
necessary for focus countries.''; and
(B) in subsection (e), by striking ``5 years
after'' and all that follows and inserting ``on
September 30, 2028''.
SEC. 5944. COST-SHARING REQUIREMENTS APPLICABLE TO CERTAIN BUREAU OF
RECLAMATION DAMS AND DIKES.
Section 4309 of the America's Water Infrastructure Act of 2018 (43
U.S.C. 377b note; Public Law 115-270) is amended--
(1) in the section heading, by inserting ``dams and''
before ``dikes'';
(2) in subsection (a), by striking ``effective beginning on
the date of enactment of this section, the Federal share of the
operations and maintenance costs of a dike described in
subsection (b)'' and inserting ``effective during the one-year
period beginning on the date of the enactment of the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023,
the Federal share of the dam safety modifications costs of a
dam or dike described in subsection (b), including repairing or
replacing a gate or ancillary gate components,''; and
(3) in subsection (b)--
(A) in the subsection heading, by inserting ``Dams
and '' before ``Dikes'';
(B) in the matter preceding paragraph (1), by
inserting ``dam or'' before ``dike'' each place it
appears; and
(C) in paragraph (2), by striking ``December 31,
1945'' and inserting ``December 31, 1948''.
SEC. 5945. TRANSFER OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
PROPERTY IN NORFOLK, VIRGINIA.
Section 1 of Public Law 110-393 is amended to read as follows:
``SECTION 1. TRANSFER OF NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION PROPERTY IN NORFOLK, VIRGINIA.
``(a) In General.--The Secretary shall convey all right, title, and
interest of the United States in and to the Norfolk Property to the
City, to be used by the City for the purposes of flood management and
control, such that--
``(1) the property described in subsection (k)(3)(A) shall
be conveyed to the City not later than 90 days after the date
of the enactment of this section; and
``(2) the property described in subsection (k)(3)(B) shall
be conveyed to the City not later than the earlier of--
``(A) the date on which the Secretary has
transferred all of the employees of the Administration
from the facilities at the Norfolk Property; or
``(B) 8 years after the date of the enactment of
this section.
``(b) Consideration.--
``(1) In general.--As consideration for the conveyance of
the Norfolk Property, the City shall pay to the United States
an amount equal to not less than the fair market value of the
Norfolk Property, as determined by the Secretary, based on the
appraisal described in subsection (g), which may consist of
cash payment, in-kind consideration as described in paragraph
(3), or a combination thereof.
``(2) Sufficiency of consideration.--
``(A) In general.--Consideration paid to the
Secretary under paragraph (1) must be sufficient, as
determined by the Secretary, to provide replacement
space for and relocation of any personnel, furniture,
fixtures, equipment, and personal property of any kind
belonging to the Administration and located upon the
Norfolk Property.
``(B) Completion prior to conveyance.--Any cash
consideration must be paid in full and any in-kind
consideration must be complete, useable, and delivered
to the satisfaction of the Secretary at or prior to the
time of the conveyance of the Norfolk Property.
``(3) In-kind consideration.--In-kind consideration paid by
the City under paragraph (1) may include the acquisition,
construction, provision, improvement, maintenance, repair, or
restoration (including environmental restoration), or
combination thereof, of any facilities or infrastructure with
proximity to the Norfolk Property that the Secretary considers
acceptable.
``(4) Treatment of cash consideration received.--Any cash
consideration received by the United States under paragraph (1)
shall be deposited in the special account in the Treasury under
subparagraph (A) of section 572(b)(5) of title 40, United
States Code, and shall be available in accordance with
subparagraph (B)(ii) of such section.
``(c) Costs of Conveyance.--All reasonable and necessary costs,
including real estate transaction and environmental documentation
costs, associated with the conveyance of the Norfolk Property to the
City under this section may be shared equitably by the Secretary and
the City, as determined by the Secretary, including by the City
providing in-kind contributions for any or all of such costs.
``(d) Proceeds.--Any proceeds from a conveyance of the Norfolk
Property under this section shall--
``(1) be credited as discretionary offsetting collections
to the currently applicable appropriations accounts, or funds
of the Administration; or
``(2) cover costs associated with the conveyance of the
Norfolk Property and related relocation efforts, and shall be
made available for such purposes only to the extent and in the
amounts provided in advance in appropriations Acts.
``(e) Survey.--The exact acreage and legal description of the
Norfolk Property shall be determined by a survey or surveys
satisfactory to the Secretary.
``(f) Condition; Quitclaim Deed.--The Norfolk Property shall be
conveyed--
``(1) in an `as is, where is' condition; and
``(2) via a quitclaim deed.
``(g) Fair Market Value.--
``(1) In general.--The fair market value of the Norfolk
Property shall be--
``(A) determined by an appraisal that--
``(i) is conducted by an independent
appraiser selected by the Secretary; and
``(ii) meets the requirements of paragraph
(2); and
``(B) adjusted, at the discretion of the Secretary,
based on the factors described in paragraph (3).
``(2) Appraisal requirements.--An appraisal conducted under
paragraph (1)(A) shall be conducted in accordance with
nationally recognized appraisal standards, including the
Uniform Standards of Professional Appraisal Practice.
``(3) Factors.--The factors described in this paragraph
are--
``(A) matters of equity and fairness;
``(B) actions taken by the City regarding the
Norfolk Property, including--
``(i) comprehensive waterfront planning,
site development, and other redevelopment
activities supported by the City in proximity
to the Norfolk Property in furtherance of the
flood management and control efforts of the
City;
``(ii) in-kind contributions made to
facilitate and support use of the Norfolk
Property by governmental agencies; and
``(iii) maintenance expenses, capital
improvements, or emergency expenditures
necessary to ensure public safety and access to
and from the Norfolk Property; and
``(C) such other factors as the Secretary
determines appropriate.
``(h) Compliance With Comprehensive Environmental Response,
Compensation, and Liability Act of 1980.--In carrying out this section,
the Secretary shall comply with section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)).
``(i) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
of the Norfolk Property as the Secretary determines appropriate to
protect the interests of the United States.
``(j) Termination.--Notwithstanding any other provision of law, the
Secretary, acting through the Under Secretary and Administrator of the
Administration, is authorized to enter into a land lease with Mobile
County, Alabama for a period of not less than 40 years, on such terms
and conditions as the Administration deems appropriate, for purposes of
construction of a Gulf of Mexico Disaster Response Center facility,
provided that the lease is at no cost to the government. The
Administration may enter into agreements with State, local, or county
governments for purposes of joint use, operations, and occupancy of
such facility.
``(k) Definitions.--In this section:
``(1) Administration.--The term `Administration' means the
National Oceanic and Atmospheric Administration.
``(2) City.--The term `City' means the City of Norfolk,
Virginia.
``(3) Norfolk property.--The term `Norfolk Property'
means--
``(A) the real property under the administrative
jurisdiction of the Administration, including land and
improvements thereon, located at 538 Front Street,
Norfolk, Virginia, consisting of approximately 3.78
acres; and
``(B) the real property under the administrative
jurisdiction of the Administration, including land and
improvements thereon, located at 439 W. York Street,
Norfolk, Virginia, consisting of approximately 2.5231
acres.
``(4) Secretary.--The term `Secretary' means the Secretary
of Commerce.''.
SEC. 5946. OTHER MATTERS.
(a) Brennan Reef.--
(1) Designation.--The reef described in paragraph (2) shall
be known and designated as ``Brennan Reef'' in honor of the
late Rear Admiral Richard T. Brennan of the National Oceanic
and Atmospheric Administration.
(2) Reef described.--The reef referred to in paragraph (1)
is--
(A) between the San Miguel and Santa Rosa Islands
on the north side of the San Miguel Passage in the
Channel Island National Marine Sanctuary; and
(B) centered at 34 degrees, 03.12 minutes North and
120 degrees, 15.95 minutes West.
(3) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
reef described in paragraph (2) shall be deemed to be a
reference to Brennan Reef.
(b) Prohibition on Sale of Shark Fins.--
(1) Prohibition.--Except as provided in paragraph (3), no
person shall possess, acquire, receive, transport, offer for
sale, sell, or purchase a shark fin or a product containing a
shark fin.
(2) Penalty.--A violation of paragraph (1) shall be treated
as an act prohibited by section 307 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1857) and
shall be penalized pursuant to section 308 of that Act (16
U.S.C. 1858).
(3) Exceptions.--A person may possess a shark fin that was
taken lawfully pursuant to a Federal, State, or territorial
license or permit to take or land sharks if the shark fin was
separated after the first point of landing in a manner
consistent with the license or permit and is--
(A) destroyed or disposed of immediately upon
separation from the carcass;
(B) used for noncommercial subsistence purposes in
accordance with Federal, State, or territorial law; or
(C) used solely for display or research purposes by
a museum, college, or university pursuant to a Federal,
State, or territorial permit to conduct noncommercial
scientific research.
(4) Dogfish exemption.--
(A) In general.--It shall not be a violation of
paragraph (1) for a person to possess, acquire,
receive, transport, offer for sale, sell, or purchase a
shark fin of a smooth dogfish (Mustelus canis) or a
spiny dogfish (Squalus acanthias).
(B) Report.--
(i) In general.--Not later than January 1,
2027, the Secretary of Commerce shall review
the exemption provided by subparagraph (A) and
submit to Congress a report regarding such
exemption that includes a recommendation to
continue or terminate the exemption.
(ii) Factors.--In carrying out clause (i),
the Secretary of Commerce shall analyze factors
including--
(I) the impact of continuation and
termination of the exemption on the
economic viability of dogfish
fisheries;
(II) the impact of continuation and
termination of the exemption on ocean
ecosystems;
(III) the impact of the exemption
on the enforcement of the prohibition
described in paragraph (1); and
(IV) the impact of the exemption on
shark conservation.
(5) Enforcement.--This subsection, and any regulations
issued pursuant thereto, shall be enforced by the Secretary of
Commerce, who may use by agreement, with or without
reimbursement, the personnel, services, equipment, and
facilities of another Federal agency or of a State agency or
Indian Tribe for the purpose of enforcing this subsection.
(6) Rule of construction.--Nothing in this subsection may
be construed to preclude, deny, or limit any right of a State
or territory to adopt or enforce any regulation or standard
that is more stringent than a regulation or standard in effect
under this subsection.
(7) Severability.--If any provision of this subsection, or
the application thereof to any person or circumstance, is held
invalid, the validity of the remainder of the subsection and of
the application of any such provision to other persons and
circumstances shall not be affected thereby.
(8) Shark fin defined.--In this subsection, the term
``shark fin'' means the unprocessed, dried, or otherwise
processed detached fin or tail of a shark.
SEC. 5947. ENHANCING TRANSPARENCY ON INTERNATIONAL AGREEMENTS AND NON-
BINDING INSTRUMENTS.
(a) Section 112b of Title 1, United States Code.--
(1) In general.--Section 112b of title 1, United States
Code, is amended to read as follows:
``Sec. 112b. United States international agreements and non-binding
instruments; transparency provisions
``(a)(1) Not less frequently than once each month, the Secretary
shall provide in writing to the Majority Leader of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the House of Representatives,
and the appropriate congressional committees the following:
``(A)(i) A list of all international agreements and
qualifying non-binding instruments signed, concluded, or
otherwise finalized during the prior month.
``(ii) The text of all international agreements and
qualifying non-binding instruments described in clause (i).
``(iii) A detailed description of the legal authority that,
in the view of the Secretary, provides authorization for each
international agreement and that, in the view of the
appropriate department or agency, provides authorization for
each qualifying non-binding instrument provided under clause
(ii) to become operative. If multiple authorities are relied
upon in relation to an international agreement, the Secretary
shall cite all such authorities, and if multiple authorities
are relied upon in relation to a qualifying non-binding
instrument, the appropriate department or agency shall cite all
such authorities. All citations to the Constitution of the
United States, a treaty, or a statute shall include the
specific article or section and subsection reference whenever
available and, if not available, shall be as specific as
possible. If the authority relied upon is or includes article
II of the Constitution of the United States, the Secretary or
appropriate department or agency shall explain the basis for
that reliance.
``(B)(i) A list of all international agreements that
entered into force and qualifying non-binding instruments that
became operative for the United States or an agency of the
United States during the prior month.
``(ii) The text of all international agreements and
qualifying non-binding instruments described in clause (i) if
such text differs from the text of the agreement or instrument
previously provided pursuant to subparagraph (A)(ii).
``(iii) A statement describing any new or amended statutory
or regulatory authority anticipated to be required to fully
implement each proposed international agreement and qualifying
non-binding instrument included in the list described in clause
(i).
``(2) The information and text required by paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
``(b)(1) Not later than 120 days after the date on which an
international agreement enters into force, the Secretary shall make the
text of the agreement, and the information described in subparagraphs
(A)(iii) and (B)(iii) of subsection (a)(1) relating to the agreement,
available to the public on the website of the Department of State.
``(2) Not less frequently than once every 120 days, the Secretary
shall make the text of each qualifying non-binding instrument that
became operative during the preceding 120 days, and the information
described in subparagraphs (A)(iii) and (B)(iii) of subsection (a)(1)
relating to each such instrument, available to the public on the
website of the Department of State.
``(3) The requirements under paragraphs (1) and (2) shall not apply
to the following categories of international agreements or qualifying
non-binding instruments, or to information described in subparagraphs
(A)(iii) and (B)(iii) of subsection (a)(1) relating to such agreements
or qualifying non-binding instruments:
``(A) International agreements and qualifying non-binding
instruments that contain information that has been given a
national security classification pursuant to Executive Order
13526 (50 U.S.C. 3161 note; relating to classified national
security information) or any predecessor or successor order, or
that contain any information that is otherwise exempt from
public disclosure pursuant to United States law.
``(B) International agreements and qualifying non-binding
instruments that address military operations, military
exercises, acquisition and cross servicing, logistics support,
military personnel exchange or education programs, or the
provision of health care to military personnel on a reciprocal
basis.
``(C) International agreements and qualifying non-binding
instruments that establish the terms of grant or other similar
assistance, including in-kind assistance, financed with foreign
assistance funds pursuant to the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.) or the Food for Peace Act (7 U.S.C.
1691 et seq.).
``(D) International agreements and qualifying non-binding
instruments, such as project annexes and other similar
instruments, for which the principal function is to establish
technical details for the implementation of a specific project
undertaken pursuant to another agreement or qualifying non-
binding instrument that has been published in accordance with
paragraph (1) or (2).
``(E) International agreements and qualifying non-binding
instruments that have been separately published by a depositary
or other similar administrative body, except that the Secretary
shall make the information described in subparagraphs (A)(iii)
and (B)(iii) of subsection (a)(1), relating to such agreements
or qualifying non-binding instruments, available to the public
on the website of the Department of State within the timeframes
required by paragraph (1) or (2).
``(c) For any international agreement or qualifying non-binding
instrument for which an implementing agreement or arrangement, or any
document of similar purpose or function to the aforementioned
regardless of the title of the document, is not otherwise required to
be submitted to the Majority Leader of the Senate, the Minority Leader
of the Senate, the Speaker of the House of Representatives, the
Minority Leader of the House of Representatives, and the appropriate
congressional committees under subparagraphs (A)(ii) or (B)(ii) of
subsection (a)(1), not later than 30 days after the date on which the
Secretary receives a written communication from the Chair or Ranking
Member of either of the appropriate congressional committees requesting
the text of any such implementing agreements or arrangements, whether
binding or non-binding, the Secretary shall submit such implementing
agreements or arrangements to the Majority Leader of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the House of Representatives,
and the appropriate congressional committees.
``(d) Any department or agency of the United States Government that
enters into any international agreement or qualifying non-binding
instrument on behalf of itself or the United States shall--
``(1) provide to the Secretary the text of each
international agreement not later than 15 days after the date
on which such agreement is signed or otherwise concluded;
``(2) provide to the Secretary the text of each qualifying
non-binding instrument not later than 15 days after the date on
which such instrument is concluded or otherwise becomes
finalized;
``(3) provide to the Secretary a detailed description of
the legal authority that provides authorization for each
qualifying non-binding instrument to become operative not later
than 15 days after such instrument is signed or otherwise
becomes finalized; and
``(4) on an ongoing basis, provide any implementing
material to the Secretary for transmittal to the Majority
Leader of the Senate, the Minority Leader of the Senate, the
Speaker of the House of Representatives, the Minority Leader of
the House of Representatives, and the appropriate congressional
committees as needed to satisfy the requirements described in
subsection (c).
``(e)(1) Each department or agency of the United States Government
that enters into any international agreement or qualifying non-binding
instrument on behalf of itself or the United States shall designate a
Chief International Agreements Officer, who shall--
``(A) be selected from among employees of such department
or agency;
``(B) serve concurrently as the Chief International
Agreements Officer; and
``(C) subject to the authority of the head of such
department or agency, have department- or agency-wide
responsibility for efficient and appropriate compliance with
this section.
``(2) There shall be a Chief International Agreements Officer who
serves at the Department of State with the title of International
Agreements Compliance Officer.
``(f) The substance of oral international agreements shall be
reduced to writing for the purpose of meeting the requirements of
subsections (a) and (b).
``(g) Notwithstanding any other provision of law, an international
agreement may not be signed or otherwise concluded on behalf of the
United States without prior consultation with the Secretary. Such
consultation may encompass a class of agreements rather than a
particular agreement.
``(h)(1) Not later than 3 years after the date of the enactment of
this section, and not less frequently than once every 3 years
thereafter during the 9-year period beginning on the date of the
enactment of this section, the Comptroller General of the United States
shall conduct an audit of the compliance of the Secretary with the
requirements of this section.
``(2) In any instance in which a failure by the Secretary to comply
with such requirements is determined by the Comptroller General to have
been due to the failure or refusal of another agency to provide
information or material to the Department of State, or the failure to
do so in a timely manner, the Comptroller General shall engage such
other agency to determine--
``(A) the cause and scope of such failure or refusal;
``(B) the specific office or offices responsible for such
failure or refusal; and
``(C) recommendations for measures to ensure compliance
with statutory requirements.
``(3) The Comptroller General shall submit to the Majority Leader
of the Senate, the Minority Leader of the Senate, the Speaker of the
House of Representatives, the Minority Leader of the House of
Representatives, and the appropriate congressional committees in
writing the results of each audit required by paragraph (1).
``(4) The Comptroller General and the Secretary shall make the
results of each audit required by paragraph (1) publicly available on
the websites of the Government Accountability Office and the Department
of State, respectively.
``(i) The President shall, through the Secretary, promulgate such
rules and regulations as may be necessary to carry out this section.
``(j) It is the sense of Congress that the executive branch should
not prescribe or otherwise commit to or include specific legislative
text in a treaty, executive agreement, or non-binding instrument unless
Congress has authorized such action.
``(k) In this section:
``(1) The term `appropriate congressional committees'
means--
``(A) the Committee on Foreign Relations of the
Senate; and
``(B) the Committee on Foreign Affairs of the House
of Representatives.
``(2) The term `appropriate department or agency' means the
department or agency of the United States Government that
negotiates and enters into a qualifying non-binding instrument
on behalf of itself or the United States.
``(3) The term `intelligence community' has the meaning
given that term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 3003(4)).
``(4) The term `international agreement' includes--
``(A) any treaty that requires the advice and
consent of the Senate, pursuant to article II of the
Constitution of the United States; and
``(B) any other international agreement to which
the United States is a party and that is not subject to
the advice and consent of the Senate.
``(5) The term `qualifying non-binding instrument'--
``(A) except as provided in subparagraph (B), means
a non-binding instrument that--
``(i) is or will be under negotiation, is
signed or otherwise becomes operative, or is
implemented with one or more foreign
governments, international organizations, or
foreign entities, including non-state actors;
and
``(ii)(I) could reasonably be expected to
have a significant impact on the foreign policy
of the United States; or
``(II) is the subject of a written
communication from the Chair or Ranking Member
of either of the appropriate congressional
committees to the Secretary; and
``(B) does not include any non-binding instrument
that is signed or otherwise becomes operative or is
implemented pursuant to the authorities relied upon by
the Department of Defense, the Armed Forces of the
United States, or any element of the intelligence
community.
``(6) The term `Secretary' means the Secretary of State.
``(7)(A) The term `text' with respect to an international
agreement or qualifying non-binding instrument includes--
``(i) any annex, appendix, codicil, side agreement,
side letter, or any document of similar purpose or
function to the aforementioned, regardless of the title
of the document, that is entered into contemporaneously
and in conjunction with the international agreement or
qualifying non-binding instrument; and
``(ii) any implementing agreement or arrangement,
or any document of similar purpose or function to the
aforementioned regardless of the title of the document,
that is entered into contemporaneously and in
conjunction with the international agreement or
qualifying non-binding instrument.
``(B) As used in subparagraph (A), the term
`contemporaneously and in conjunction with'--
``(i) shall be construed liberally; and
``(ii) may not be interpreted to require any action
to have occurred simultaneously or on the same day.
``(l) Nothing in this section may be construed--
``(1) to authorize the withholding from disclosure to the
public of any record if such disclosure is required by law; or
``(2) to require the provision of any implementing
agreement or arrangement, or any document of similar purpose or
function regardless of its title, which was entered into by the
Department of Defense, the Armed Forces of the United States,
or any element of the intelligence community or any
implementing material originating with the aforementioned
agencies, if such implementing agreement, arrangement,
document, or material was not required to be provided to the
Majority Leader of the Senate, the Minority Leader of the
Senate, the Speaker of the House of Representatives, the
Minority Leader of the House of Representatives, or the
appropriate congressional committees prior to the date of the
enactment of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 2 of title 1, United States Code, is
amended by striking the item relating to section 112b and
inserting the following:
``112b. United States international agreements and non-binding
instruments; transparency provisions.''.
(3) Technical and conforming amendment relating to
authorities of the secretary of state.--Section 317(h)(2) of
the Homeland Security Act of 2002 (6 U.S.C. 195c(h)(2)) is
amended by striking ``Section 112b(c)'' and inserting ``Section
112b(g)''.
(4) Mechanism for reporting.--Not later than 270 days after
the date of the enactment of this Act, the Secretary of State
shall establish a mechanism for personnel of the Department of
State who become aware or who have reason to believe that the
requirements under section 112b of title 1, United States Code,
as amended by paragraph (1), have not been fulfilled with
respect to an international agreement or qualifying non-binding
instrument (as such terms are defined in such section) to
report such instances to the Secretary.
(5) Rules and regulations.--Not later than 180 days after
the date of the enactment of this Act, the President, through
the Secretary of State, shall promulgate such rules and
regulations as may be necessary to carry out section 112b of
title 1, United States Code, as amended by paragraph (1).
(6) Consultation and briefing requirement.--
(A) Consultation.--The Secretary of State shall
consult with the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives on matters related to the
implementation of this section and the amendments made
by this section before and after the effective date
described in subsection (c).
(B) Briefing.--Not later than 90 days after the
date of the enactment of this Act, and once every 90
days thereafter for 1 year, the Secretary shall brief
the Committee on Foreign Relations of the Senate, the
Committee on Appropriations of the Senate, the
Committee on Foreign Affairs of the House of
Representatives, and the Committee on Appropriations of
the House of Representatives regarding the status of
efforts to implement this section and the amendments
made by this section.
(7) Authorization of appropriations.--There is authorized
to be appropriated to the Department of State $1,000,000 for
each of the fiscal years 2023 through 2027 for purposes of
implementing the requirements of section 112b of title 1,
United States Code, as amended by paragraph (1).
(b) Section 112a of Title 1, United States Code.--Section 112a of
title 1, United States Code, is amended--
(1) by striking subsections (b), (c), and (d); and
(2) by inserting after subsection (a) the following:
``(b) Copies of international agreements and qualifying non-binding
instruments in the possession of the Department of State, but not
published, other than the agreements described in section
112b(b)(3)(A), shall be made available by the Department of State upon
request.''.
(c) Effective Date of Amendments.--The amendments made by this
section shall take effect on the date that is 270 days after the date
of the enactment of this Act.
SEC. 5948. UKRAINE INVASION WAR CRIMES DETERRENCE AND ACCOUNTABILITY
ACT.
(a) Short Title.--This section may be cited as the ``Ukraine
Invasion War Crimes Deterrence and Accountability Act''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) in its premeditated, unprovoked, unjustified, and
unlawful full-scale invasion of Ukraine that commenced on
February 24, 2022, the military of the Government of the
Russian Federation under the direction of President Vladimir
Putin has committed war crimes that include but are not limited
to--
(A) the deliberate targeting of civilians and
injuring or killing of noncombatants;
(B) the deliberate targeting and attacking of
hospitals, schools, and other non-military buildings
dedicated to religion, art, science, or charitable
purposes, such as the bombing of a theater in Mariupol
that served as a shelter for noncombatants and had the
word ``children'' written clearly in the Russian
language outside;
(C) the indiscriminate bombardment of undefended
dwellings and buildings;
(D) the wanton destruction of property not
justified by military necessity;
(E) unlawful civilian deportations;
(F) the taking of hostages; and
(G) rape, or sexual assault or abuse;
(2) the use of chemical weapons by the Government of the
Russian Federation in Ukraine would constitute a war crime, and
engaging in any military preparations to use chemical weapons
or to develop, produce, stockpile, or retain chemical weapons
is prohibited by the Chemical Weapons Convention, to which the
Russian Federation is a signatory;
(3) Vladimir Putin has a long record of committing acts of
aggression, systematic abuses of human rights, and acts that
constitute war crimes or other atrocities both at home and
abroad, and the brutality and scale of these actions, including
in the Russian Federation republic of Chechnya, Georgia, Syria,
and Ukraine, demonstrate the extent to which his regime is
willing to flout international norms and values in the pursuit
of its objectives;
(4) Vladimir Putin has previously sanctioned the use of
chemical weapons at home and abroad, including in the
poisonings of Russian spy turned double agent Sergei Skripal
and his daughter Yulia and leading Russian opposition figure
Aleksey Navalny, and aided and abetted the use of chemical
weapons by President Bashar al-Assad in Syria; and
(5) in 2014, the Government of the Russian Federation
initiated its unprovoked war of aggression against Ukraine
which resulted in its illegal occupation of Crimea, the
unrecognized declaration of independence by the so-called
``Donetsk People's Republic'' and ``Luhansk People's Republic''
by Russia-backed proxies, and numerous human rights violations
and deaths of civilians in Ukraine.
(c) Statement of Policy.--It is the policy of the United States--
(1) to collect, analyze, and preserve evidence and
information related to war crimes and other atrocities
committed during the full-scale Russian invasion of Ukraine
that began on February 24, 2022, for use in appropriate
domestic, foreign, and international courts and tribunals
prosecuting those responsible for such crimes consistent with
applicable law, including with the American Service Members'
Protection Act of 2002 (22 U.S.C. 7421 et seq.);
(2) to help deter the commission of war crimes and other
atrocities in Ukraine by publicizing to the maximum possible
extent, including among Russian and other foreign military
commanders and troops in Ukraine, efforts to identify and
prosecute those responsible for the commission of war crimes
during the full-scale Russian invasion of Ukraine that began on
February 24, 2022; and
(3) to continue efforts to identify, deter, and pursue
accountability for war crimes and other atrocities committed
around the world and by other perpetrators, and to leverage
international cooperation and best practices in this regard
with respect to the current situation in Ukraine.
(d) Report on United States Efforts.--Not later than 90 days after
the date of the enactment of this Act, and consistent with the
protection of intelligence sources and methods, the President shall
submit to the appropriate congressional committees a report, which may
include a classified annex, describing in detail the following:
(1) United States Government efforts to collect, analyze,
and preserve evidence and information related to war crimes and
other atrocities committed during the full-scale Russian
invasion of Ukraine since February 24, 2022, including a
description of--
(A) the respective roles of various agencies,
departments, and offices, and the interagency mechanism
established for the coordination of such efforts;
(B) the types of information and evidence that are
being collected, analyzed, and preserved to help
identify those responsible for the commission of war
crimes or other atrocities during the full-scale
Russian invasion of Ukraine in 2022; and
(C) steps taken to coordinate with, and support the
work of, allies, partners, international institutions
and organizations, and nongovernmental organizations in
such efforts.
(2) Media, public diplomacy, and information operations to
make Russian military commanders, troops, political leaders and
the Russian people aware of efforts to identify and prosecute
those responsible for the commission of war crimes or other
atrocities during the full-scale Russian invasion of Ukraine in
2022, and of the types of acts that may be prosecutable.
(3) The process for a domestic, foreign, or international
court or tribunal to request and obtain from the United States
Government information related to war crimes or other
atrocities committed during the full-scale Russian invasion of
Ukraine in 2022.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on the Judiciary, the Committee on Armed Services, and
the Permanent Select Committee on Intelligence of the
House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on the Judiciary, the Committee on Armed
Services, and the Select Committee on Intelligence of
the Senate.
(2) Atrocities.--The term ``atrocities'' has the meaning
given that term in section 6(2) of the Elie Wiesel Genocide and
Atrocities Prevention Act of 2018 (Public Law 115-441; 22
U.S.C. 2656 note).
(3) War crime.--The term ``war crime'' has the meaning
given that term in section 2441(c) of title 18, United States
Code.
SEC. 5949. PROHIBITION ON CERTAIN SEMICONDUCTOR PRODUCTS AND SERVICES.
(a) Prohibition on Use or Procurement.--
(1) In general.--The head of an executive agency may not--
(A) procure or obtain, or extend or renew a
contract to procure or obtain, any electronic parts,
products, or services that include covered
semiconductor products or services; or
(B) enter into a contract (or extend or renew a
contract) with an entity to procure or obtain
electronic parts or products that use any electronic
parts or products that include covered semiconductor
products or services.
(2) Rule of construction.--
(A) In general.--Nothing in paragraph (1) shall be
construed--
(i) to require any covered semiconductor
products or services resident in equipment,
systems, or services as of the day before the
applicable effective date specified in
subsection (c) to be removed or replaced;
(ii) to prohibit or limit the utilization
of such covered semiconductor products or
services throughout the lifecycle of such
existing equipment;
(iii) to require the recipient of a Federal
contract, grant, loan, or loan guarantee to
replace covered semiconductor products or
services resident in equipment, systems, or
services before the effective date specified in
subsection (c); or
(iv) to require the Federal Communications
Commission to designate covered semiconductor
products or services to its Covered
Communications Equipment or Services List
maintained under section 2 of the Secured and
Trusted Communications Networks Act of 2019 (47
U.S.C. 1603).
(B) Contracting prohibition.--Nothing in paragraph
(1)(B) shall be construed to cover products or services
that include covered semiconductor products or services
in a system that is not a critical system.
(b) Waiver Authority.--
(1) Secretary of defense.--The Secretary of Defense may
provide a waiver on a date later than the effective date
described in subsection (c) if the Secretary determines the
waiver is in the critical national security interests of the
United States.
(2) Director of national intelligence.--The Director of
National Intelligence may provide a waiver on a date later than
the effective date described in subsection (c) if the Director
determines the waiver is in the critical national security
interests of the United States.
(3) Secretary of commerce.--The Secretary of Commerce, in
consultation with the Director of National Intelligence or the
Secretary of Defense, may provide a waiver on a date later than
the effective date described in subsection (c) if the Secretary
determines the waiver is in the critical national security
interests of the United States.
(4) Secretary of homeland security.--The Secretary of
Homeland Security, in consultation with the Director of
National Intelligence or the Secretary of Defense, may provide
a waiver on a date later than the effective date described in
subsection (c) if the Secretary determines the waiver is in the
critical national security interests of the United States.
(5) Secretary of energy.--The Secretary of Energy, in
consultation with the Director of National Intelligence or the
Secretary of Defense, may provide a waiver on a date later than
the effective date described in subsection (c) if the Secretary
determines the waiver is in the critical national security
interests of the United States.
(6) Executive agencies.--The head of an executive agency
may waive, for a renewable period of not more than two years
per waiver, the prohibitions under subsection (a) if--
(A) the head of the agency, in consultation with
the Secretary of Commerce, determines that no compliant
product or service is available to be procured as, and
when, needed at United States market prices or a price
that is not considered prohibitively expensive; and
(B) the head of the agency, in consultation with
the Secretary of Defense or the Director of National
Intelligence, determines that such waiver could not
reasonably be expected to compromise the critical
national security interests of the United States.
(7) Report to congress.--Not later than 30 days after
granting a waiver under this subsection, the head of the
executive agency granting such waiver shall submit to the
appropriate committees of Congress and leadership a report with
a notification of such waiver, including a justification for
the waiver.
(c) Effective Dates and Regulations.--
(1) Effective date.--The prohibitions under subsection (a)
shall take effect five years after the date of the enactment of
this Act.
(2) Regulations.--Not later than three years after the date
of the enactment of this Act, the Federal Acquisition
Regulatory Council shall prescribe regulations implementing the
prohibitions under subsection (a), including a requirement for
prime contractors to incorporate the substance of such
prohibitions and applicable implementing contract clauses into
contracts for the supply of electronic parts or products.
(d) Office of Management and Budget Report and Briefing.--Not later
than 270 days after the effective date described in subsection (c)(1),
the Director of the Office of Management and Budget, in coordination
with the Director of National Intelligence and the National Cyber
Director, shall provide to the appropriate committees of Congress and
leadership a report and briefing on--
(1) the implementation of the prohibitions under subsection
(a), including any challenges in the implementation; and
(2) the effectiveness and utility of the waiver authority
under subsection (b).
(e) Analysis, Assessment, and Strategy.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Commerce,
in coordination with the Secretary of Defense, the Secretary of
Homeland Security, the Director of National Intelligence, and the
Secretary of Energy and, to the greatest extent practicable, leveraging
relevant previous analyses and assessments, shall--
(1) conduct an analysis of semiconductor design and
production capacity domestically and by allied or partner
countries required to meet the needs of the Federal Government,
including analyses regarding--
(A) semiconductors critical to national security,
as determined by the Secretary of Commerce, in
consultation with the Secretary of Defense and the
Director of National Intelligence, in accordance with
section 9902(a)(6)(A)(i) of the William M. (Mac)
Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283); and
(B) semiconductors classified as legacy
semiconductors pursuant to section 9902(a)(6)(A)(i) of
William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-
283);
(2) assess the risk posed by the presence of covered
semiconductor products or services in Federal systems;
(3) assess the risk posed by the presence of covered
semiconductor products or services in the supply chains of
Federal contractors and subcontractors, including for non-
Federal systems;
(4) develop a strategy to--
(A) improve the availability of domestic
semiconductor design and production capacity required
to meet the requirements of the Federal Government;
(B) support semiconductor product and service
suppliers seeking to contract with domestic, allied, or
partner semiconductor producers and to improve supply
chain traceability, including to meet the prohibitions
under subsection (a); and
(C) either certify the feasibility of implementing
such prohibitions or exercising waiver authorities
under subsection (b), to ensure uninterrupted Federal
Government access to required semiconductor products
and services; and
(5) provide the results of the analysis, assessment, and
strategy developed under paragraphs (1) through (4) to the
Federal Acquisition Security Council.
(f) Governmentwide Traceability and Diversification Initiative.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary of Commerce, in
coordination with the Secretary of Homeland Security, the
Secretary of Defense, the Director of National Intelligence,
the Director of the Office of Management and Budget, and the
Director of the Office of Science and Technology Policy, and in
consultation with industry, shall establish a microelectronics
traceability and diversification initiative to coordinate
analysis of and response to the Federal Government
microelectronics supply chain vulnerabilities.
(2) Elements.--The initiative established under paragraph
(1) shall include the following elements:
(A) Sharing best practices, refining
microelectronics standards, such as those established
pursuant to section 224 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92), and developing recommendations to identify and
mitigate, through diversification efforts,
microelectronics supply chain concerns.
(B) Developing an assessment framework to inform
Federal decisions on sourcing microelectronics,
considering--
(i) chain of custody and traceability,
including origin and location of design,
manufacturing, distribution, shipping, and
quantities;
(ii) confidentiality, including protection,
verification, and validation of intellectual
property included in microelectronics;
(iii) integrity, including--
(I) security weaknesses and
vulnerabilities that include potential
supply chain attacks;
(II) risk analysis and consequence
to system;
(III) risk of intentional or
unintentional modification or
tampering; and
(IV) risk of insider threats,
including integrity of people and
processes involved in the design and
manufacturing of microelectronics; and
(iv) availability, including--
(I) potential supply chain
disruptions, including due to natural
disasters or geopolitical events;
(II) prioritization of parts
designed and manufactured in the United
States and in allied or partner
countries to support and sustain the
defense and technology industrial base;
(III) risk associated with sourcing
parts from suppliers outside of the
United States and allied and partner
countries, including long-term impacts
on availability of microelectronics
produced domestically or in allied or
partner countries; and
(IV) obsolescence management and
counterfeit avoidance and detection.
(C) Developing a process for provenance and
traceability from design to disposal of
microelectronics components and intellectual property
contained therein implementable across the Federal
acquisition system to improve reporting, data analysis,
and tracking.
(D) Developing and implementing policies and plans
to support the following:
(i) Development of domestic design and
manufacturing capabilities to replace covered
semiconductor products or services.
(ii) Utilization of the assessment
framework developed under subparagraph (B).
(iii) Implementation of the strategy
required under subsection (e)(4) as applicable.
(iv) Identification of and integration with
existing information reporting and data
visualization systems in the Federal
Government, including modification to such
systems to track the information.
(v) A requirement to document
microelectronics used in systems and
subsystems, including origin and location of
design and manufacturing, technologies used,
and quantities procured.
(vi) Elimination from Federal Government
supply chains of microelectronics from entities
included on the Consolidated Screening List
maintained by the International Trade
Administration of the Department of Commerce.
(3) Coordination required.--In carrying out this
subsection, the Secretary of Commerce shall coordinate, as
necessary, with the following entities:
(A) The National Science and Technology Council
Subcommittee on Microelectronics Leadership.
(B) The Department of Commerce semiconductor
industrial advisory committee established under
subsection 9906(b) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283).
(C) The White House Coordinator for CHIPS
Implementation.
(D) The Federal Acquisition Security Council
(FASC).
(E) The Government-Industry Working Group on
Microelectronics.
(F) The Joint Defense Manufacturing Technology
Panel (JDMTP).
(G) Standards development organizations.
(g) Federal Acquisition Security Council.--Not later than two years
after the date of the enactment of this Act, the Federal Acquisition
Security Council, in consultation with the Secretary of Commerce, the
Secretary of Defense, the Secretary of Homeland Security, the Director
of National Intelligence, and the Secretary of Energy, and after
engagement with the private sector and other nongovernmental
stakeholders in accordance with section 1323 of title 41, United States
Code, shall--
(1) issue recommendations to mitigate supply chain risks
relevant to Federal Government acquisition of semiconductor
products and services, considering--
(A) the analysis, assessment, and strategy
developed under subsection (e) and any related updates;
(B) the standards provided under section 224 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92), including any tiers of trust,
levels of security, or risk-based approaches
established under such section;
(C) the extent to which such recommendations would
enhance the security of critical systems;
(D) the extent to which such recommendations would
impact Federal access to commercial technologies; and
(E) any risks to the Federal Government from
contracting with microelectronics suppliers that
include covered semiconductor products or services in
non-Federal supply chains; and
(2) make recommendations to the Federal Acquisition
Regulatory Council and the heads of executive agencies for any
needed regulations to mitigate supply chain risks.
(h) Applicability and Responsibilities of Covered Entities and
Contractors.--The regulations prescribed pursuant to subsection (c)(2)
shall--
(1) provide that contractors who supply a Federal agency
with electronic parts or products are responsible for--
(A) certifying to the non-use of covered
semiconductor products or services in such parts or
products;
(B) detecting and avoiding the use or inclusion of
such covered semiconductor products or services in such
parts or products; and
(C) any rework or corrective action that may be
required to remedy the use or inclusion of such covered
semiconductor products or services in such parts or
products;
(2) require covered entities to disclose to direct
customers the inclusion of a covered semiconductor product or
service in electronic parts, products, or services included in
electronic parts, products, or services subject to the
contracting prohibition under subsection (a) as to whether such
supplied parts, products, or services include covered
semiconductors products or services;
(3) provide that a covered entity that fails to disclose
the inclusion to direct customers of a covered semiconductor
product or service in electronic parts, products, or services
procured or obtained by an executive agency in contravention of
subsection (a) shall be responsible for any rework or
corrective action that may be required to remedy the use or
inclusion of such covered semiconductor product or service;
(4) provide that the costs of covered semiconductor
products or services, suspect semiconductor products, and any
rework or corrective action that may be required to remedy the
use or inclusion of such products are not allowable costs for
Federal contracts;
(5) provide that--
(A) any covered entity or Federal contractor or
subcontractor who becomes aware, or has reason to
suspect, that any end item, component, or part of a
critical system purchased by the Federal Government, or
purchased by a Federal contractor or subcontractor for
delivery to the Federal Government for any critical
system, that contains covered semiconductor products or
services shall notify appropriate Federal authorities
in writing within 60 days; and
(B) the Federal authorities shall report such
information to the appropriate committees of Congress
and leadership within 120 days;
(6) provide that Federal bidders and contractors--
(A) may reasonably rely on the certifications of
compliance from covered entities and subcontractors who
supply electronic parts, products, or services when
providing proposals to the Federal Government; and
(B) are not required to conduct independent third
party audits or other formal reviews related to such
certifications;
(7) provide that a Federal contractor or subcontractor that
provides a notification under paragraph (5) that does not
regard electronic parts or products manufactured or assembled
by such Federal contractor or subcontractor shall not be
subject to civil liability nor determined to not be a presently
responsible contractor on the basis of such notification; and
(8) provide that a Federal contractor or subcontractor that
provides a notification under paragraph (5) that regards
electronic parts or products manufactured or assembled by such
Federal contractor or subcontractor shall not be subject to
civil liability nor determined to not be a presently
responsible contractor on the basis of such notification if the
Federal contractor or subcontractor makes a comprehensive and
documentable effort to identify and remove covered
semiconductor products or services from the Federal supply.
(i) Reports.--
(1) Secretary of commerce.--Not later than 60 days after
completing the assessment required under subsection (e), the
Secretary of Commerce shall submit to the appropriate
committees of Congress and leadership--
(A) a report of the findings and recommendations of
the analyses, assessment, and strategy developed under
such subsection; and
(B) a report on development of the microelectronics
traceability and diversification initiative under
subsection (f)(1).
(2) Federal acquisition security council.--Not later than
one year after the date of the enactment of this Act, and
annually thereafter for ten years, the Federal Acquisition
Security Council shall include in the annual report submitted
under section 1325 of title 41, United States Code, a
description of--
(A) the development of recommendations under
subsection (g), including the considerations described
in paragraph (1) of such subsection; and
(B) as applicable, the impact of any
recommendations or regulations implemented.
(j) Definitions.--In this section:
(1) Appropriate committees of congress and leadership.--The
term ``appropriate committees of Congress and leadership''
means--
(A) the Committee on Armed Services, the Committee
on Commerce, Science, and Transportation, the Committee
on Homeland Security and Governmental Affairs, the
Committee on Energy and Natural Resources, the
Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Select
Committee on Intelligence, and the majority and
minority leaders of the Senate; and
(B) the Committee on Armed Services, the Committee
on Energy and Commerce, the Committee on Science,
Space, and Technology, the Committee on Oversight and
Reform, the Committee on Foreign Affairs, the Committee
on Homeland Security, the Permanent Select Committee on
Intelligence, and the Speaker, the majority leader, and
the minority leader of the of the House of
Representatives.
(2) Covered entity.--The term ``covered entity'' means an
entity that--
(A) develops, domestically or abroad, a design of a
semiconductor that is the direct product of United
States origin technology or software; and
(B) purchases covered semiconductor products or
services from an entity described in subparagraph (A)
or (C) of paragraph (3).
(3) Covered semiconductor product or services.--The term
``covered semiconductor product or services'' means any of the
following:
(A) A semiconductor, a semiconductor product, a
product that incorporates a semiconductor product, or a
service that utilizes such a product, that is designed,
produced or provided by, Semiconductor Manufacturing
International Corporation (SMIC) (or any subsidiary,
affiliate, or successor of such entity).
(B) A semiconductor, a semiconductor product, a
product that incorporates a semiconductor product, or a
service that utilizes such a product, that is designed,
produced, or provided by ChangXin Memory Technologies
(CXMT) or Yangtze Memory Technologies Corp (YMTC) (or
any subsidiary, affiliate, or successor of such
entities).
(C) A semiconductor, semiconductor product, or
semiconductor service produced or provided by an entity
that the Secretary of Defense or the Secretary of
Commerce, in consultation with the Director of the
National Intelligence or the Director of the Federal
Bureau of Investigation, determines to be an entity
owned or controlled by, or otherwise connected to, the
government of a foreign country of concern, provided
that the determination with respect to such entity is
published in the Federal Register.
(4) Critical system.--The term ``critical system''--
(A) has the meaning given the term ``national
security system'' in section 11103(a)(1) of title 40,
United States Code;
(B) shall include additional systems identified by
the Federal Acquisition Security Council;
(C) shall include additional systems identified by
the Department of Defense, consistent with guidance
provided under section 224 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92); and
(D) shall not include a system to be used for
routine administrative and business applications
(including payroll, finance, logistics, and personnel
management applications).
(5) Foreign country of concern.--The term ``foreign country
of concern'' has the meaning given the term in paragraph (7) of
section 9901 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (15 U.S.C.
4651), as added by section 103(a)(4) of the CHIPS Act of 2022
(division A of Public Law 117-167).
(k) Extension of Federal Acquisition Security Supply Chain Act of
2018.--
(1) Subchapter iii of chapter 13 of title 41, united states
code.--Section 1328 of title 41, United States Code, is amended
by striking ``the date that is 5 years after the date of the
enactment of the Federal Acquisition Supply Chain Security Act
of 2018'' and inserting ``December 31, 2033''.
(2) Section 4713 of title 41, united states code.--Section
4713(j) of title 41, United States Code, is amended by striking
``the date that is 5 years after the date of the enactment of
the Federal Acquisition Supply Chain Security Act of 2018'' and
inserting ``December 31, 2033''.
(l) Authorization of Appropriations for Federal Acquisition
Security Council.--
(1) In general.--There is authorized to be appropriated
$3,000,000 for each of fiscal years 2023 through 2033 for the
Office of Management and Budget to support the activities of
the Federal Acquisition Security Council.
(2) Transfer authority.--The Director of the Office of
Management and Budget may transfer funds authorized to be
appropriated under paragraph (1) to other Federal agencies for
the performance of work for which the funds were authorized.
DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
SEC. 6001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2023''.
(b) Table of Contents.--The table of contents for this division is
as follows:
DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.
Sec. 6003. Explanatory statement.
TITLE LXI--INTELLIGENCE ACTIVITIES
Sec. 6101. Authorization of appropriations.
Sec. 6102. Classified Schedule of Authorizations.
Sec. 6103. Intelligence Community Management Account.
Sec. 6104. Restriction on conduct of intelligence activities.
Sec. 6105. Increase in employee compensation and benefits authorized by
law.
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM
Sec. 6201. Authorization of appropriations.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 6301. Modification of requirements for certain employment
activities by former intelligence officers
and employees.
Sec. 6302. Counterintelligence and national security protections for
intelligence community grant funding.
Sec. 6303. Extension of Central Intelligence Agency law enforcement
jurisdiction to facilities of Office of
Director of National Intelligence.
Sec. 6304. Annual reports on status of recommendations of Comptroller
General of the United States for the
Director of National Intelligence.
Sec. 6305. Timely submission of classified intelligence budget
justification materials.
Sec. 6306. Copyright protection for civilian faculty of the National
Intelligence University.
Sec. 6307. Modifications to Foreign Malign Influence Response Center.
Sec. 6308. Requirement to offer cyber protection support for personnel
of intelligence community in positions
highly vulnerable to cyber attack.
Sec. 6309. Enforcement of cybersecurity requirements for national
security systems.
Sec. 6310. Review and briefing on intelligence community activities
under Executive Order 12333.
Sec. 6311. Assessing intelligence community open-source support for
export controls and foreign investment
screening.
Sec. 6312. Annual training requirement and report regarding analytic
standards.
Sec. 6313. Review of Joint Intelligence Community Council.
Sec. 6314. Required policy for minimum insider threat standards.
Sec. 6315. Unfunded priorities of the intelligence community.
Sec. 6316. Submission of covered documents and classified annexes.
Sec. 6317. Improvements to program on recruitment and training.
Sec. 6318. Measures to mitigate counterintelligence threats from
proliferation and use of foreign commercial
spyware.
Sec. 6319. Personnel vetting performance measures.
Sec. 6320. Proactive cybersecurity.
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 6401. Modifications to responsibilities and authorities of
Director of National Intelligence.
Sec. 6402. Annual submission to Congress of National Intelligence
Priorities Framework.
Sec. 6403. Disposition of records of Office of the Director of National
Intelligence.
Subtitle B--Central Intelligence Agency
Sec. 6411. Clarification regarding protection of Central Intelligence
Agency functions.
Sec. 6412. Expansion of reporting requirements relating to authority to
pay personnel of Central Intelligence
Agency for certain injuries to the brain.
Sec. 6413. Historical Advisory Panel of Central Intelligence Agency.
Sec. 6414. Authority of Central Intelligence Agency to provide
protection for certain personnel.
Sec. 6415. Notification of use of certain expenditure authorities.
Sec. 6416. Office supporting Central Intelligence Agency workforce
wellbeing.
Subtitle C--Elements of the Defense Intelligence Enterprise
Sec. 6421. Inclusion of Space Force as element of intelligence
community.
Sec. 6422. Oversight of Defense Intelligence Agency culture.
Subtitle D--Other Elements
Sec. 6431. Modification of advisory board in National Reconnaissance
Office.
Sec. 6432. Establishment of advisory board for National Geospatial-
Intelligence Agency.
Sec. 6433. Elevation of the commercial and business operations office
of the National Geospatial-Intelligence
Agency.
Sec. 6435. Study on personnel under Strategic Intelligence Partnership
Program.
Sec. 6436. Briefing on coordination between intelligence community and
Bureau of Industry and Security.
TITLE LXV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Intelligence Matters Relating to the People's Republic of
China
Sec. 6501. Report on wealth and corrupt activities of the leadership of
the Chinese Communist Party.
Sec. 6502. Identification and threat assessment of companies with
investments by the People's Republic of
China.
Sec. 6503. Intelligence community working group for monitoring the
economic and technological capabilities of
the People's Republic of China.
Sec. 6504. Annual report on concentrated reeducation camps in the
Xinjiang Uyghur Autonomous Region of the
People's Republic of China.
Sec. 6505. Assessments of production of semiconductors by the People's
Republic of China.
Subtitle B--Miscellaneous Authorities, Requirements, and Limitations
Sec. 6511. Notice of deployment or transfer of containerized missile
systems by Russia, China, or Iran.
Sec. 6512. Intelligence community coordinator for Russian atrocities
accountability.
Sec. 6513. Lead intelligence community coordinator for countering and
neutralizing proliferation of Iran-origin
unmanned aircraft systems.
Sec. 6514. Collaboration between intelligence community and Department
of Commerce to counter foreign commercial
threats.
Sec. 6515. Intelligence assessment on foreign weaponization of
advertisement technology data.
Sec. 6516. Intelligence community assessment regarding Russian gray
zone assets.
Subtitle C--Reports and Other Matters
Sec. 6521. Report on assessing will to fight.
Sec. 6522. Report on threat from hypersonic weapons.
Sec. 6523. Report on ordnance of Russia and China.
Sec. 6524. Report on activities of China and Russia targeting Latin
America and the Caribbean.
Sec. 6525. Report on support provided by China to Russia.
Sec. 6526. Report on global CCP financing of port infrastructure.
Sec. 6527. Sense of Congress on provision of support by intelligence
community for atrocity prevention and
accountability.
TITLE LXVI--INTELLIGENCE COMMUNITY WORKFORCE MATTERS
Sec. 6601. Improving onboarding of personnel in intelligence community.
Sec. 6602. Report on legislative action required to implement Trusted
Workforce 2.0 initiative.
Sec. 6603. Inspector General of the Intelligence Community assessment
of administration of polygraphs in
intelligence community.
Sec. 6604. Timeliness in the administration of polygraphs.
Sec. 6605. Policy on submittal of applications for access to classified
information for certain personnel.
Sec. 6606. Technical correction regarding Federal policy on sharing of
covered insider threat information.
Sec. 6607. Inspector General of the Intelligence Community report on
use of space certified as sensitive
compartmented information facilities.
Sec. 6608. Improving prohibition of certain personnel practices in
intelligence community with respect to
contractor employees.
Sec. 6609. Definitions regarding whistleblower complaints and
information of urgent concern received by
inspectors general of the intelligence
community.
TITLE LXVII--MATTERS RELATING TO EMERGING TECHNOLOGIES
Subtitle A--General Matters
Sec. 6701. Definitions.
Sec. 6702. Additional responsibilities of Director of National
Intelligence for artificial intelligence
policies, standards, and guidance for the
intelligence community.
Sec. 6703. Director of Science and Technology.
Sec. 6704. Intelligence Community Chief Data Officer.
Subtitle B--Improvements Relating to Procurement
Sec. 6711. Additional transaction authority.
Sec. 6712. Implementation plan and advisability study for offices of
commercial integration.
Sec. 6713. Pilot program on designated emerging technology transition
projects.
Sec. 6714. Harmonization of authorizations to operate.
Sec. 6715. Plan to expand sensitive compartmented information facility
access by certain contractors; reports on
expansion of security clearances for
certain contractors.
Sec. 6716. Compliance by intelligence community with requirements of
Federal Acquisition Regulation relating to
commercially available off-the-shelf items
and commercial services.
Sec. 6717. Policy on required user adoption metrics in certain
contracts for artificial intelligence and
emerging technology software products.
Sec. 6718. Certification relating to information technology and
software systems.
Subtitle C--Reports
Sec. 6721. Reports on integration of artificial intelligence within
intelligence community.
Sec. 6722. Report on potential benefits of establishment of ICWERX.
Sec. 6723. Requirements and report on workforce needs of intelligence
community relating to science, technology,
engineering, and math, and related areas.
Subtitle D--Talent, Education, and Training
Sec. 6731. Report on establishment of technology acquisition cadre.
Sec. 6732. Emerging technology education and training.
Subtitle E--Other Matters
Sec. 6741. Improvements to use of commercial software products.
Sec. 6742. Code-free artificial intelligence enablement tools policy.
TITLE LXVIII--OTHER MATTERS
Sec. 6801. Improvements relating to continuity of Privacy and Civil
Liberties Oversight Board membership.
Sec. 6802. Modification of requirement for office to address
unidentified anomalous phenomena.
Sec. 6803. Comptroller General of the United States audits and
briefings on unidentified anomalous
phenomena historical record report.
Sec. 6804. Report on precursor chemicals used in the production of
synthetic opioids.
Sec. 6805. Assessment and report on mass migration in the Western
Hemisphere.
Sec. 6806. Report on international norms, rules, and principles
applicable in space.
Sec. 6807. Assessments of the effects of sanctions imposed with respect
to the Russian Federation's invasion of
Ukraine.
Sec. 6808. Assessment of impact of Russia's invasion of Ukraine on food
security.
Sec. 6809. Pilot program for Director of Federal Bureau of
Investigation to undertake an effort to
identify International Mobile Subscriber
Identity-catchers.
Sec. 6810. Department of State Bureau of Intelligence and Research
assessment of anomalous health incidents.
Sec. 6811. Repeal and modification of certain reporting and briefing
requirements.
Sec. 6812. Increased intelligence-related engineering, research, and
development capabilities of minority
institutions.
Sec. 6813. Reports on personnel vetting processes and progress under
Trusted Workforce 2.0 initiative.
Sec. 6814. Reports relating to programs of record of National
Geospatial-Intelligence Agency.
Sec. 6815. Plan regarding Social Media Data and Threat Analysis Center.
Sec. 6816. Report on use of publicly available social media information
in personnel vetting determinations.
Sec. 6817. Report on strengthening workforce diversity planning and
oversight.
Sec. 6818. Report on transition of National Reconnaissance Office to
digital engineering environment.
Sec. 6819. Briefing on Department of Homeland Security intelligence
activities.
Sec. 6820. Report on declassification efforts of Central Intelligence
Agency.
Sec. 6821. Report on National Space Intelligence Center.
Sec. 6822. Report on implementation of Executive Order 13556, regarding
controlled unclassified information.
Sec. 6823. National Museum of Intelligence and Special Operations.
Sec. 6824. Technical corrections.
SEC. 6002. DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in such section.
SEC. 6003. EXPLANATORY STATEMENT.
The explanatory statement regarding this division, printed in the
House section of the Congressional Record by the Chairman of the
Permanent Select Committee on Intelligence of the House of
Representatives and in the Senate section of the Congressional Record
by the Chairman of the Select Committee on Intelligence of the Senate,
shall have the same effect with respect to the implementation of this
division as if it were a joint explanatory statement of a committee of
conference.
TITLE LXI--INTELLIGENCE ACTIVITIES
SEC. 6101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2023
for the conduct of the intelligence and intelligence-related activities
of the Federal Government.
SEC. 6102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 6101 for the conduct of the intelligence
activities of the Federal Government are those specified in the
classified Schedule of Authorizations prepared to accompany this
division.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate, the
Committee on Appropriations of the House of Representatives,
and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch of the Federal Government.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 (50 U.S.C. 3306(a));
(B) to the extent necessary to implement the
budget; or
(C) as otherwise required by law.
SEC. 6103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2023 the sum of
$664,445,000.
(b) Classified Authorization of Appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are authorized to be
appropriated for the Intelligence Community Management Account for
fiscal year 2023 such additional amounts as are specified in the
classified Schedule of Authorizations referred to in section 6102(a).
SEC. 6104. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this division shall not be
deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or the
laws of the United States.
SEC. 6105. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be increased
by such additional or supplemental amounts as may be necessary for
increases in such compensation or benefits authorized by law.
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM
SEC. 6201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund $514,000,000 for fiscal year
2023.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 6301. MODIFICATION OF REQUIREMENTS FOR CERTAIN EMPLOYMENT
ACTIVITIES BY FORMER INTELLIGENCE OFFICERS AND EMPLOYEES.
(a) In General.--Subsections (a) and (b) of section 304 of the
National Security Act of 1947 (50 U.S.C. 3073a) are amended to read as
follows:
``(a) Post-employment Restrictions.--
``(1) Covered post-service position.--
``(A) Permanent restriction.--Except as provided by
paragraph (2)(A)(i), an employee of an element of the
intelligence community who occupies a covered
intelligence position may not occupy a covered post-
service position for a designated prohibited foreign
country following the date on which the employee ceases
to occupy a covered intelligence position.
``(B) Temporary restriction.--Except as provided by
paragraph (2)(A)(ii), an employee of an element of the
intelligence community who occupies a covered
intelligence position may not occupy a covered post-
service position during the 30-month period following
the date on which the employee ceases to occupy a
covered intelligence position.
``(2) Waiver.--
``(A) Authority to grant temporary waiver.--
``(i) Waivers of permanent restriction.--On
a case-by-case basis, the Director of National
Intelligence may temporarily waive the
restriction in paragraph (1)(A) with respect to
an employee or former employee who is subject
to that restriction only after--
``(I) the employee or former
employee submits to the Director a
written application for such waiver in
such form and manner as the Director
determines appropriate;
``(II) the Director determines that
not granting such waiver would result
in a grave detrimental impact to
current or future intelligence
operations of the United States; and
``(III) the Director provides the
congressional intelligence committees
with a detailed justification stating
why not granting such waiver would
result in a grave detrimental impact to
current or future intelligence
operations of the United States.
``(ii) Waivers of temporary restriction.--
On a case-by-case basis, the Director may
temporarily waive the restriction in paragraph
(1)(B) with respect to an employee or former
employee who is subject to that restriction
only after--
``(I) the employee or former
employee submits to the Director a
written application for such waiver in
such form and manner as the Director
determines appropriate; and
``(II) the Director determines that
such waiver is necessary to advance the
national security interests of the
United States.
``(B) Period of waiver.--A waiver issued under
subparagraph (A) shall apply for a period not exceeding
5 years. The Director may renew such a waiver.
``(C) Revocation.--The Director may revoke a waiver
issued under subparagraph (A) to an employee or former
employee, effective on the date that is 60 days after
the date on which the Director provides the employee or
former employee written notice of such revocation.
``(D) Tolling.--The 30-month restriction in
paragraph (1)(B) shall be tolled for an employee or
former employee during the period beginning on the date
on which a waiver is issued under subparagraph (A) and
ending on the date on which the waiver expires or on
the effective date of a revocation under subparagraph
(C), as the case may be.
``(E) Notification.--Not later than 30 days after
the date on which the Director issues a waiver under
subparagraph (A) or a revocation of a waiver under
subparagraph (C), the Director shall submit to the
congressional intelligence committees written
notification of the waiver or revocation, as the case
may be. Such notification shall include the following:
``(i) With respect to a waiver issued to an
employee or former employee--
``(I) the details of the
application, including the covered
intelligence position held or formerly
held by the employee or former
employee;
``(II) the nature of the activities
of the employee or former employee
after ceasing to occupy a covered
intelligence position;
``(III) a description of the
national security interests that will
be advanced by reason of issuing such
waiver; and
``(IV) the specific reasons why the
Director determines that issuing such
waiver will advance such interests.
``(ii) With respect to a revocation of a
waiver issued to an employee or former
employee--
``(I) the details of the waiver,
including any renewals of such waiver,
and the dates of such waiver and
renewals; and
``(II) the specific reasons why the
Director determined that such
revocation is warranted.
``(b) Covered Post-service Employment Reporting.--
``(1) Requirement.--During the period described in
paragraph (2), an employee who ceases to occupy a covered
intelligence position shall--
``(A) report covered post-service employment to the
head of the element of the intelligence community that
employed such employee in such covered intelligence
position upon accepting such covered post-service
employment; and
``(B) annually (or more frequently if the head of
such element considers it appropriate) report covered
post-service employment to the head of such element.
``(2) Period described.--The period described in this
paragraph is the period beginning on the date on which an
employee ceases to occupy a covered intelligence position.
``(3) Regulations.--The head of each element of the
intelligence community shall issue regulations requiring, as a
condition of employment, each employee of such element
occupying a covered intelligence position to sign a written
agreement requiring the regular reporting of covered post-
service employment to the head of such element pursuant to
paragraph (1).''.
(b) Definition of Designated Prohibited Foreign Country.--
Subsection (g) of such section is amended--
(1) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Designated prohibited foreign country.--The term
`designated prohibited foreign country' means the following:
``(A) The People's Republic of China.
``(B) The Russian Federation.
``(C) The Democratic People's Republic of Korea.
``(D) The Islamic Republic of Iran.
``(E) The Republic of Cuba.
``(F) The Syrian Arab Republic.''.
(c) Additional Written Notice.--
(1) In general.--Subsection (d) of such section is amended
by adding at the end the following:
``(3) Written notice about restrictions.--The head of each
element of the intelligence community shall provide written
notice of the restrictions under subsection (a) to any person
who may be subject to such restrictions on or after the date of
enactment of the Intelligence Authorization Act for Fiscal Year
2023--
``(A) when the head of the element determines that
such person may become subject to such covered
intelligence position restrictions; and
``(B) before the person ceases to occupy a covered
intelligence position.''.
(2) Conforming amendment.--Paragraph (2) of such subsection
is amended in the paragraph heading by adding ``about reporting
requirements'' after ``Written notice''.
(d) Revised Regulations.--
(1) Definition of covered intelligence position.--In this
subsection, the term ``covered intelligence position'' has the
meaning given such term by such section 304.
(2) Submission.--Not later than 30 days after the date of
the enactment of this Act, the head of each element of the
intelligence community shall submit to the congressional
intelligence committees new or updated regulations issued to
carry out such section 304, as amended by subsections (a), (b),
and (c) of this section.
(3) Requirements.--The regulations issued under paragraph
(1) shall--
(A) include provisions that advise personnel of the
intelligence community of the appropriate manner in
which such personnel may opt out of positions that--
(i) have been designated as covered
intelligence positions before the effective
date established in subsection (e) of this
section; or
(ii) may be designated as covered
intelligence provisions before such designation
becomes final; and
(B) establish a period of not fewer than 30 days
and not more than 60 days after receipt of the written
notice required under paragraph (3) of subsection (d)
of such section 304, as added by subsection (c)(1) of
this section, within which such personnel may opt out
of a covered intelligence position and the accompanying
obligations imposed by subsection (a)(1)(A) of such
section 304, as amended by subsection (a) of this
section.
(4) Certification.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees--
(A) a written certification for each head of an
element of the intelligence community who has issued
new or updated regulations pursuant to paragraph (2);
and
(B) for each head of an element of the intelligence
community who has not issued such new or updated
regulations, an explanation for the failure to issue
such new or updated regulations.
(e) Effective Date of Permanent Restrictions.--Subsection (a)(1)(A)
of such section 304, as amended by subsection (a) of this section,
shall apply only to persons who occupy a covered intelligence position
on or after the date that is 45 days after the date on which new or
updated regulations are issued under subsection (d)(2) of this section.
(f) Repeal.--Section 402 of the Intelligence Authorization Act for
Fiscal Year 1997 (Public Law 104-293) is hereby repealed.
SEC. 6302. COUNTERINTELLIGENCE AND NATIONAL SECURITY PROTECTIONS FOR
INTELLIGENCE COMMUNITY GRANT FUNDING.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 3021 et seq.) is amended by adding at the end the following:
``SEC. 121. COUNTERINTELLIGENCE AND NATIONAL SECURITY PROTECTIONS FOR
INTELLIGENCE COMMUNITY GRANT FUNDING.
``(a) Disclosure as Condition for Receipt of Grant.--The head of an
element of the intelligence community may not award a grant to a person
or entity unless the person or entity has certified to the head of the
element that the person or entity has disclosed to the head of the
element any material financial or material in-kind support that the
person or entity knows, or should have known, derives from the People's
Republic of China, the Russian Federation, the Islamic Republic of
Iran, the Democratic People's Republic of Korea, or the Republic of
Cuba, during the 5-year period ending on the date of the person or
entity's application for the grant.
``(b) Process for Review of Grant Applicants Prior to Award.--
``(1) In general.--The head of an element of the
intelligence community may not award a grant to a person or
entity who submitted a certification under subsection (a) until
such certification is received by the head of an element of the
intelligence community and submitted to the Director of
National Intelligence pursuant to the process set forth in
paragraph (2).
``(2) Process.--
``(A) In general.--The Director of National
Intelligence, in coordination with such heads of
elements of the intelligence community as the Director
considers appropriate, shall establish a process to
review the awarding of a grant to an applicant who
submitted a certification under subsection (a).
``(B) Elements.--The process established under
subparagraph (A) shall include the following:
``(i) The immediate transmission of a copy
of each applicant's certification made under
subsection (a) to the Director of National
Intelligence.
``(ii) The review of the certification and
any accompanying disclosures submitted under
subsection (a) as soon as practicable.
``(iii) Authorization for the heads of the
elements of the intelligence community to take
such actions as may be necessary, including
denial or revocation of a grant, to ensure a
grant does not pose an unacceptable risk of--
``(I) misappropriation of United
States intellectual property, research
and development, and innovation
efforts; or
``(II) other counterintelligence
threats.
``(c) Annual Report Required.--Not later than 1 year after the date
of the enactment of the Intelligence Authorization Act for Fiscal Year
2023 and not less frequently than once each year thereafter, the
Director of National Intelligence shall submit to the congressional
intelligence committees an annual report identifying the following for
the 1-year period covered by the report:
``(1) The number of applications for grants received by
each element of the intelligence community.
``(2) The number of such applications that were reviewed
using the process established under subsection (b)(2),
disaggregated by element of the intelligence community.
``(3) The number of such applications that were denied and
the number of grants that were revoked, pursuant to the process
established under subsection (b)(2), disaggregated by element
of the intelligence community.''.
(b) Applicability.--Subsections (a) and (b) of section 121 of such
Act, as added by subsection (a), shall apply only with respect to
grants awarded by an element of the intelligence community after the
date of the enactment of this Act.
(c) Clerical Amendment.--The table of contents preceding section 2
of such Act is amended by inserting after the item relating to section
120 the following:
``Sec. 121. Counterintelligence and national security protections for
intelligence community grant funding.''.
SEC. 6303. EXTENSION OF CENTRAL INTELLIGENCE AGENCY LAW ENFORCEMENT
JURISDICTION TO FACILITIES OF OFFICE OF DIRECTOR OF
NATIONAL INTELLIGENCE.
(a) In General.--Section 15(a) of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 3515(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) by redesignating subparagraph (D) as
subparagraph (E);
(C) by inserting after subparagraph (C) the
following:
``(D) within an installation owned, or contracted to be
occupied for a period of one year or longer, by the Office of
the Director of National Intelligence; and''; and
(D) in subparagraph (E), as redesignated by
subparagraph (B), by inserting ``or (D)'' after ``in
subparagraph (C)'';
(2) in paragraph (2), by striking ``or (D)'' and inserting
``or (E)''; and
(3) in paragraph (4), by striking ``in subparagraph (A) or
(C)'' and inserting ``in subparagraph (A), (C), or (D)''.
(b) Conforming Amendment.--Section 5(a)(4) of such Act (50 U.S.C.
3506(a)(4)) is amended by inserting ``and Office of the Director of
National Intelligence'' after ``protection of Agency''.
SEC. 6304. ANNUAL REPORTS ON STATUS OF RECOMMENDATIONS OF COMPTROLLER
GENERAL OF THE UNITED STATES FOR THE DIRECTOR OF NATIONAL
INTELLIGENCE.
(a) Definition of Open Recommendations.--In this section, the term
``open recommendations'' refers to recommendations of the Comptroller
General of the United States that the Comptroller General has not yet
designated as closed.
(b) Annual Lists by Comptroller General of the United States.--Not
later than September 30, 2023, and each September 30 thereafter through
2028, the Comptroller General of the United States shall submit to the
congressional intelligence committees and the Director of National
Intelligence a list of all open recommendations made to the Director,
disaggregated by report number and recommendation number.
(c) Annual Reports by Director of National Intelligence.--Not later
than 120 days after the date on which the Director receives a list
under subsection (b), the Director shall submit to the congressional
intelligence committees, the Committee on Appropriations of the Senate,
and the Committee on Appropriations of the House of Representatives a
report on the actions taken by the Director and actions the Director
intends to take, alone or in coordination with the heads of other
Federal agencies, in response to each open recommendation identified in
the list, including open recommendations the Director determines are
closed and recommendations the Director determines do not require
further action, as well as the basis for such determinations.
SEC. 6305. TIMELY SUBMISSION OF CLASSIFIED INTELLIGENCE BUDGET
JUSTIFICATION MATERIALS.
Title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.) is amended by inserting after section 506I the following new
section (and conforming the table of contents at the beginning of such
Act accordingly):
``SEC. 506J. CLASSIFIED INTELLIGENCE BUDGET JUSTIFICATION MATERIALS.
``(a) Definitions.--In this section:
``(1) Budget.--The term `budget' has the meaning given the
term `budget of the President' in section 506A.
``(2) Classified intelligence budget justification
materials.--The term `classified intelligence budget
justification materials' means, with respect to a fiscal year,
the materials submitted to Congress by the Director of National
Intelligence in support of the budget for that fiscal year that
are classified or otherwise protected from public disclosure.
``(b) Timely Submission.--Not later than 5 days after the date on
which the President submits to Congress the budget for each fiscal year
pursuant to section 1105(a) of title 31, United States Code, the
Director of National Intelligence shall submit to the congressional
intelligence committees the classified intelligence budget
justification materials for the element for that budget.''.
SEC. 6306. COPYRIGHT PROTECTION FOR CIVILIAN FACULTY OF THE NATIONAL
INTELLIGENCE UNIVERSITY.
Section 105 of title 17, United States Code, is amended--
(1) by redesignating the second subsection (c) as
subsection (d);
(2) by striking subsection (c) and inserting the following:
``(c) Use by Federal Government.--
``(1) Secretary of defense authority.--With respect to a
covered author who produces a covered work in the course of
employment at a covered institution described in subparagraphs
(A) through (L) of subsection (d)(2), the Secretary of Defense
may direct the covered author to provide the Federal Government
with an irrevocable, royalty-free, worldwide, nonexclusive
license to reproduce, distribute, perform, or display such
covered work for purposes of the United States Government.
``(2) Director of national intelligence authority.--With
respect to a covered author who produces a covered work in the
course of employment at the covered institution described in
subsection (d)(2)(M), the Director of National Intelligence may
direct the covered author to provide the Federal Government
with an irrevocable, royalty-free, world-wide, nonexclusive
license to reproduce, distribute, perform, or display such
covered work for purposes of the United States Government.'';
and
(3) in paragraph (2) of subsection (d), as so redesignated,
by adding at the end the following:
``(M) National Intelligence University.''.
SEC. 6307. MODIFICATIONS TO FOREIGN MALIGN INFLUENCE RESPONSE CENTER.
(a) Renaming.--
(1) In general.--Section 119C of the National Security Act
of 1947 (50 U.S.C. 3059) is amended--
(A) in the section heading, by striking
``response''; and
(B) in subsection (a), by striking ``Response''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of such Act is amended by striking
the item relating to section 119C and inserting the following:
``Sec. 119C. Foreign Malign Influence Center.''.
(3) Conforming amendment.--Section 589E(d)(2) of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 2001 note
prec.) is amended by striking ``Response''.
(4) Reference.--Any reference in law, regulation, map,
document, paper, or other record of the United States to the
``Foreign Malign Influence Response Center'' shall be deemed to
be a reference to the Foreign Malign Influence Center.
(b) Director of National Intelligence Authority to Terminate.--
Section 119C of such Act (50 U.S.C. 3059) is further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Termination.--After December 31, 2028, the Director of
National Intelligence may terminate the Center, but only if the
Director of National Intelligence submits to the congressional
intelligence committees, the Subcommittee on Defense of the Committee
on Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives a
determination that the termination of the Center is appropriate, which
includes--
``(1) a detailed description that other offices or entities
within the intelligence community--
``(A) have the capabilities to perform the
functions of the Center; and
``(B) will exercise the functions of the Center
upon the termination of the Center; and
``(2) a detailed description of--
``(A) the actions the Director of National
Intelligence will take to conduct an orderly wind-down
of the activities of the Center; and
``(B) the proposed timeline for such actions.''.
(c) Report.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and
Governmental Affairs, the Committee on Foreign
Relations, the Committee on Armed Services, and the
Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(C) the Committee on Homeland Security, the
Committee on Foreign Affairs, the Committee on Armed
Services, and the Subcommittee on Defense of the
Committee on Appropriations of the House of
Representatives.
(2) In general.--Not later than December 31, 2025, the
Director of National Intelligence shall submit to the
appropriate committees of Congress a report assessing the
continued need for operating the Foreign Malign Influence
Center.
SEC. 6308. REQUIREMENT TO OFFER CYBER PROTECTION SUPPORT FOR PERSONNEL
OF INTELLIGENCE COMMUNITY IN POSITIONS HIGHLY VULNERABLE
TO CYBER ATTACK.
(a) In General.--Section 6308(b) of the Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act for Fiscal Years
2018, 2019, and 2020 (50 U.S.C. 3334d(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``may provide'' and inserting
``shall offer'';
(B) by inserting ``and shall provide such support
to any such personnel who request'' before the period
at the end; and
(2) in the subsection heading, by striking ``Authority''
and inserting ``Requirement''.
(b) Plan.--Not later than 180 days after the date of the enactment
of this Act, the Director of National Intelligence shall submit to the
congressional intelligence committees, the Committee on Appropriations
of the Senate, and the Committee on Appropriations of the House of
Representatives an implementation plan for providing the support
described section 6308(b) of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and
2020 (50 U.S.C. 3334d(b)), as amended by subsection (a), including a
description of the training and resources needed to implement the
support and the methodology for determining the personnel described in
paragraph (2) of such section.
SEC. 6309. ENFORCEMENT OF CYBERSECURITY REQUIREMENTS FOR NATIONAL
SECURITY SYSTEMS.
(a) Definitions.--In this section:
(1) Cybersecurity requirements for national security
systems.--The term ``cybersecurity requirements for national
security systems'' means the minimum cybersecurity requirements
established by the National Manager, consistent with the
direction of the President and in consultation with the
Director of National Intelligence, that applies to all national
security systems operated by, on the behalf of, or administered
by the head of an element of the intelligence community.
(2) National manager.--The term ``National Manager'' means
the National Manager for National Security Systems designated
by the President.
(3) National security systems.--The term ``national
security systems'' includes--
(A) national security systems (as defined in
section 3552(b) of title 44, United States Code); and
(B) information systems described in paragraph (2)
or (3) of section 3553(e) of such title.
(b) Implementation Deadline.--The cybersecurity requirements for
national security systems shall include appropriate deadlines by which
all elements of the intelligence community shall have fully implemented
the requirements.
(c) Reevaluation and Updates.--Not less frequently than once every
2 years, the National Manager shall reevaluate and update the
cybersecurity requirements for national security systems.
(d) Resources.--Each head of an element of the intelligence
community that owns or operates a national security system shall update
plans of the element to prioritize resources in such a manner as to
fully implement the cybersecurity requirements for national security
systems by the deadline established pursuant to subsection (b) for the
next 10 fiscal years.
(e) Exemptions.--
(1) In general.--The head of an element of the intelligence
community may exempt a national security system owned or
operated by the element from the cybersecurity requirements for
national security systems if done so in accordance with the
procedures established under paragraph (2).
(2) Exemption procedures.--The National Manager shall,
consistent with the direction of the President, establish
procedures that govern--
(A) the circumstances under which the head of an
element of the intelligence community may exempt a
national security system under paragraph (1); and
(B) the process for implementing the exemption.
(3) Annual reports on exemptions.--
(A) In general.--Each year, the National Manager
and the Director of National Intelligence shall--
(i) submit to the congressional
intelligence committees an annual report
documenting all exemptions made under paragraph
(1) during the period covered by the report,
along with the justifications for the
exemptions; and
(ii) in the case of an exemption made by
the Assistant Secretary of State for
Intelligence and Research under such paragraph,
submit to the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs
of the House of Representatives a separate
report describing the exemption and the
justification for it.
(B) Manner.--Each report submitted under
subparagraph (A) shall be submitted with such
classification as the Director considers appropriate
and with due regard for the protection of sensitive
intelligence sources and methods.
SEC. 6310. REVIEW AND BRIEFING ON INTELLIGENCE COMMUNITY ACTIVITIES
UNDER EXECUTIVE ORDER 12333.
(a) Review and Briefing Required.--No later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall--
(1) conduct a review to ascertain the feasibility and
advisability of compiling and making public information
relating to activities of the intelligence community under
Executive Order 12333 (50 U.S.C. 3001 note; relating to United
States intelligence activities); and
(2) provide the congressional intelligence committees, the
Committee on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives with a briefing
on the findings of the Director with respect to the review
conducted under paragraph (1).
(b) Matters Addressed.--The review and briefing required by
subsection (a) shall address the feasibility and advisability of making
available to the public information relating to the following:
(1) Data on activities described in subsection (a)(1),
including the following:
(A) The amount of United States person information
collected pursuant to such activities.
(B) Queries of United States persons pursuant to
such activities.
(C) Dissemination of United States person
information pursuant to such activities, including
masking and unmasking.
(D) The use of United States person information in
criminal proceedings.
(2) Quantitative data and qualitative descriptions of
incidents in which the intelligence community violated
Executive Order 12333 and associated guidelines and procedures.
(c) Considerations.--In conducting the review under subsection
(a)(1), the Director shall consider--
(1) the public transparency associated with the use by the
intelligence community of the authorities provided under the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.), including relevant data and compliance incidents; and
(2) the application of the transparency model developed in
connection with such Act to activities conducted under
Executive Order 12333.
(d) Disaggregation for Public Release.--In conducting the review
under subsection (a)(1), the Director shall address whether the
relevant data and compliance incidents associated with the different
intelligence community entities can be disaggregated for public
release.
SEC. 6311. ASSESSING INTELLIGENCE COMMUNITY OPEN-SOURCE SUPPORT FOR
EXPORT CONTROLS AND FOREIGN INVESTMENT SCREENING.
(a) Pilot Program to Assess Open Source Support for Export Controls
and Foreign Investment Screening.--
(1) Pilot program authorized.--The Director of National
Intelligence shall designate an element of the intelligence
community to carry out a pilot program to assess the
feasibility and advisability of providing enhanced intelligence
support, including intelligence derived from open source,
publicly and commercially available information--
(A) to the Department of Commerce to support the
export control and investment screening functions of
the Department; and
(B) to the Department of Homeland Security to
support the export control functions of the Department.
(2) Authority.--In carrying out the pilot program required
by paragraph (1), the element designated by the Director under
such paragraph--
(A) shall establish a process for the provision of
information as described in such paragraph; and
(B) may--
(i) acquire and prepare data, consistent
with applicable provisions of law and Executive
orders;
(ii) modernize analytic systems, including
through the acquisition, development, or
application of automated tools; and
(iii) establish standards and policies
regarding the acquisition, treatment, and
sharing of open source, publicly and
commercially available information.
(3) Duration.--The pilot program required by paragraph (1)
shall be carried out during a 3-year period.
(b) Plan and Report Required.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Select Committee on Intelligence, the
Committee on Banking, Housing, and Urban Affairs, the
Committee on Homeland Security and Governmental
Affairs, and the Committee on Appropriations of the
Senate; and
(B) the Permanent Select Committee on Intelligence,
the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Homeland Security,
and the Committee on Appropriations of the House of
Representatives.
(2) Plan.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Director shall,
in coordination with the Secretary of Commerce and the
Secretary of Homeland Security, submit to the
appropriate committees of Congress a plan to carry out
the pilot program required by subsection (a)(1).
(B) Contents.--The plan submitted under
subparagraph (A) shall include the following:
(i) A list, developed in consultation with
the Secretary of Commerce and the Secretary of
Homeland Security, of the activities of the
Department of Commerce and the Department of
Homeland Security that will be supported by the
pilot program.
(ii) A plan for measuring the effectiveness
of the pilot program and the value of open
source, publicly and commercially available
information to the export control and
investment screening missions.
(3) Report.--
(A) In general.--Not later than 540 days after the
date on which the Director submits the plan under
paragraph (2)(A), the Director shall submit to the
appropriate committees of Congress a report on the
findings of the Director with respect to the pilot
program.
(B) Contents.--The report submitted under
subparagraph (A) shall include the following:
(i) An assessment of the feasibility and
advisability of providing information as
described in subsection (a)(1).
(ii) An assessment of the value of open
source, publicly and commercially available
information to the export control and
investment screening missions, using the
measures of effectiveness under paragraph
(2)(B)(ii).
(iii) Identification of opportunities for
and barriers to more effective use of open
source, publicly and commercially available
information by the intelligence community.
SEC. 6312. ANNUAL TRAINING REQUIREMENT AND REPORT REGARDING ANALYTIC
STANDARDS.
(a) Policy for Training Program Required.--Consistent with sections
1019 and 1020 of the Intelligence Reform and Terrorism Prevention Act
of 2004 (50 U.S.C. 3364 and 3364 note), the Director of National
Intelligence shall issue a policy that requires each head of an element
of the intelligence community, that has not already done so, to create,
before the date that is 180 days after the date of the enactment of
this Act, an annual training program on the standards set forth in
Intelligence Community Directive 203, Analytic Standards (or successor
directive).
(b) Conduct of Training.--Training required pursuant to the policy
required by subsection (a) may be conducted in conjunction with other
required annual training programs conducted by the element of the
intelligence community concerned.
(c) Certification of Completion of Training.--Each year, each head
of an element of the intelligence community shall submit to the
congressional intelligence committees a certification as to whether all
of the analysts of that element have completed the training required
pursuant to the policy required by subsection (a) and if the analysts
have not, an explanation of why the training has not been completed.
(d) Reports.--
(1) Annual report.--In conjunction with each briefing
provided under section 1019(c) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3364(c)), the
Director shall submit to the congressional intelligence
committees, the Committee on Appropriations of the Senate, and
the Committee on Appropriations of the House of Representatives
a report on the number and themes of compliance incidents
reported to intelligence community analytic ombudspersons
relating to the standards set forth in Intelligence Community
Directive 203 (relating to analytic standards), or successor
directive.
(2) Report on performance evaluation.--Not later than 90
days after the date of the enactment of this Act, the head of
analysis at each element of the intelligence community that
conducts all-source analysis shall submit to the congressional
intelligence committees, the Committee on Appropriations of the
Senate, and the Committee on Appropriations of the House of
Representatives a report describing how compliance with the
standards set forth in Intelligence Community Directive 203
(relating to analytic standards), or successor directive, is
considered in the performance evaluations and consideration for
merit pay, bonuses, promotions, and any other personnel actions
for analysts within the element.
(e) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Director from providing training described in
this section as a service of common concern.
(f) Sunset.--This section shall cease to be effective on the date
that is 5 years after the date of the enactment of this Act.
SEC. 6313. REVIEW OF JOINT INTELLIGENCE COMMUNITY COUNCIL.
(a) In General.--The Director of National Intelligence shall
conduct a review of the Joint Intelligence Community Council
established by section 101A of the National Security Act of 1947 (50
U.S.C. 3022).
(b) Elements.--The review conducted under subsection (a) shall
cover the following:
(1) The number of meetings the Council has held, by year.
(2) An analysis of the issues the Council has addressed.
(3) The effect the Council has had on the decisionmaking of
the Director of National Intelligence.
(4) Potential revision to the membership or functions of
the Council.
(c) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
provide the congressional intelligence committees and the subcommittees
on defense of the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives a briefing
on the review conducted pursuant to subsection (a).
SEC. 6314. REQUIRED POLICY FOR MINIMUM INSIDER THREAT STANDARDS.
(a) Requirement.--Section 102A(f) of the National Security Act of
1947 (50 U.S.C. 3024(f)) is amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(2) by inserting after paragraph (7) the following new
paragraph:
``(8) The Director of National Intelligence shall ensure there is
established a policy for minimum insider threat standards for the
intelligence community and ensure compliance by the elements of the
intelligence community with that policy.''.
(b) Compliance and Reporting.--Title III of such Act (50 U.S.C.
3071 et seq.) is amended by adding at the end the following new
section:
``SEC. 313. INSIDER THREAT POLICY COMPLIANCE AND REPORTING.
``The head of each element of the intelligence community shall--
``(1) implement the policy established in accordance with
section 102A(f)(8); and
``(2) concurrent with the submission to Congress of budget
justification materials in support of the budget of the
President for a fiscal year that is submitted to Congress under
section 1105(a) of title 31, United States Code, submit to
Congress a certification as to whether the element is in
compliance with such policy.''.
(c) Conforming Amendment.--Section 102A(x)(3) of such Act (50
U.S.C. 3024(x)(3)) is amended by inserting ``, including the policy
under subsection (f)(8),'' after ``policies of the intelligence
community''.
(d) Clerical Amendment.--The table of contents preceding section 2
of such Act is amended by inserting after the item relating to section
312 the following new item:
``Sec. 313. Insider threat policy compliance and reporting.''.
SEC. 6315. UNFUNDED PRIORITIES OF THE INTELLIGENCE COMMUNITY.
Title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.) is amended by adding at the end the following new section (and
conforming the table of contents at the beginning of such Act
accordingly):
``SEC. 514. UNFUNDED PRIORITIES OF THE INTELLIGENCE COMMUNITY: ANNUAL
REPORT.
``(a) Annual Report.--Not later than 10 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
head of each element of the intelligence community shall submit to the
Director of National Intelligence, the congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives a report on
the unfunded priorities of the programs under the jurisdiction of such
head.
``(b) Elements.--
``(1) In general.--Each report under subsection (a) shall
specify, 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 is funded (whether in whole or in part).
``(B) Whether such priority will satisfy a covert
action or support collection against requirements
identified in the National Intelligence Priorities
Framework of the Office of the Director of National
Intelligence (or any successor mechanism established
for the prioritization of programs and activities),
including a description of such requirements and the
related prioritization level.
``(C) The additional amount of funds recommended in
connection with the objectives under subparagraph (A).
``(D) Budget information with respect to the
unfunded priority, including--
``(i) the appropriation account;
``(ii) the expenditure center; and
``(iii) the project and, if applicable,
subproject.
``(2) Prioritization of priorities.--Each report shall
present the unfunded priorities covered by such report in
overall order of urgency of priority among unfunded priorities.
``(c) Unfunded Priority Defined.--In this section, the term
`unfunded priority', in the case of a fiscal year, means a program,
activity, or mission requirement of an element of the intelligence
community that--
``(1) is not funded in the budget of the President for the
fiscal year as submitted to Congress pursuant to section 1105
of title 31, United States Code;
``(2) is necessary to fulfill a covert action or to satisfy
an information requirement associated with the collection,
analysis, or dissemination of intelligence that has been
documented within the National Intelligence Priorities
Framework; and
``(3) would have been recommended for funding by the head
of the element of the intelligence community if--
``(A) additional resources had been available for
the budget to fund the program, activity, or mission
requirement; or
``(B) the program, activity, or mission requirement
has emerged since the budget was formulated.''.
SEC. 6316. SUBMISSION OF COVERED DOCUMENTS AND CLASSIFIED ANNEXES.
(a) Requirement.--Title V of the National Security Act of 1947 (50
U.S.C. 3091 et seq.), as amended by section 6315, is further amended by
adding at the end the following new section (and conforming the table
of contents at the beginning of such Act accordingly):
``SEC. 515. SUBMISSION OF COVERED DOCUMENTS AND CLASSIFIED ANNEXES.
``(a) Covered Document Defined.--In this section, the term `covered
document' means any executive order, memorandum, or policy directive
issued by the President, including national security Presidential
memoranda and Presidential policy directives, or such successor
memoranda and directives.
``(b) Requirement.--Not later than 7 days after the date on which
the President issues or amends a covered document, the President,
acting through the Director of National Intelligence, shall submit to
the congressional intelligence committees, the Subcommittee on Defense
of the Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives the covered document and any classified annex
accompanying that document if such covered document or annex contains a
direction to, establishes a requirement for, or includes a restriction
on any element of the intelligence community.''.
(b) Initial Submission.--Not later than 60 days after the date of
the enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees, the Subcommittee
on Defense of the Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of the House
of Representatives each covered document and classified annex required
under section 515 of the National Security Act of 1947, as added by
subsection (a), in effect as of the date of enactment of this Act.
(c) Repeal.--Section 310 of the Intelligence Authorization Act for
Fiscal Year 2017 (Public Law 115-31; 50 U.S.C. 3312) is hereby
repealed.
SEC. 6317. IMPROVEMENTS TO PROGRAM ON RECRUITMENT AND TRAINING.
Section 1022 of the National Security Act of 1947 (50 U.S.C. 3222)
is amended to read as follows:
``SEC. 1022. PROGRAM ON RECRUITMENT AND TRAINING.
``(a) Program.--
``(1) Requirement.--The Director of National Intelligence,
in consultation with the heads of the elements of the
intelligence community, shall carry out a program to ensure
that selected individuals are provided funds for academic
training (including with respect to both undergraduate and
postgraduate education), or to reimburse for academic training
previously obtained--
``(A) in capabilities, missions, or skillsets,
especially in the fields of science, technology, math,
and engineering, to address workforce requirements in
which the intelligence community is deficient or likely
to be deficient in the future; or
``(B) for such individuals who have backgrounds or
experiences that the Director has identified as--
``(i) contributing to capabilities,
missions, or skillsets in which the
intelligence community is deficient or likely
to be deficient in future; and
``(ii) being underrepresented in the
intelligence community or likely to be
underrepresented in the future.
``(2) Commitment.--An individual selected for participation
in the program shall commit to employment with an element of
the intelligence community for a period that the Director
determines is commensurate with the amount of funding provided
to the individual under the program and under such terms and
conditions as the Director considers appropriate.
``(3) Designation.--The program shall be known as the Pat
Roberts Intelligence Scholars Program.
``(4) Outreach.--The Director, in consultation with the
heads of the elements of the intelligence community, shall
maintain a publicly available internet website on the program
that describes--
``(A) the intent of the program;
``(B) the conditions and requirements for selection
and participation;
``(C) application instructions;
``(D) the areas covered by the program pursuant to
the review conducted under subsection (b)(2); and
``(E) any other details the Director determines
appropriate.
``(b) Elements.--In carrying out the program under subsection (a),
the Director shall--
``(1) establish such requirements relating to the academic
training of participants as the Director considers appropriate
to ensure that participants are prepared for employment as
intelligence professionals; and
``(2) on an annual basis, review the areas that will
contribute to the capabilities, missions, and skillsets in
which the intelligence community is deficient or is likely to
be deficient in the future.
``(c) Use of Funds.--Funds made available for the program under
subsection (a) shall be used--
``(1) to provide a monthly stipend for each month that a
participant is pursuing a course of study;
``(2) to pay the partial or full tuition of a participant
for the completion of such course of study;
``(3) to reimburse a participant for tuition paid by the
participant before becoming an employee of an element of the
intelligence community, including with respect to providing
payments for student loans used for such tuition;
``(4) to pay for books and materials that the participant
requires or required to complete such course of study;
``(5) to pay the expenses of the participant for travel
requested by an element of the intelligence community in
relation to such program; or
``(6) for such other purposes the Director considers
reasonably appropriate to carry out such program.''.
SEC. 6318. MEASURES TO MITIGATE COUNTERINTELLIGENCE THREATS FROM
PROLIFERATION AND USE OF FOREIGN COMMERCIAL SPYWARE.
(a) Definitions.--In this section:
(1) Covered device.--The term ``covered device'' means any
electronic mobile device including smartphones, tablet
computing devices, or laptop computing devices, that is issued
by an element of the intelligence community for official use.
(2) Foreign commercial spyware; foreign company; spyware.--
The terms ``foreign commercial spyware'', ``foreign company'',
and ``spyware'' have the meanings given those terms in section
1102A of the National Security Act of 1947 (50 U.S.C. 3231 et
seq.), as added by this section.
(b) Statement of Policy.--It shall be the policy of the United
States to act decisively against counterintelligence threats posed by
foreign commercial spyware, as well as the individuals who lead
entities selling foreign commercial spyware and who are reasonably
believed to be involved, have been involved, or pose a significant risk
to being or becoming involved, in activities contrary to the national
security or foreign policy interests of the United States.
(c) Measures to Mitigate Counterintelligence Threats.--Title XI of
the National Security Act of 1947 (50 U.S.C. 3231 et seq.) is amended
by inserting after section 1102 the following new section (and
conforming the table of contents at the beginning of such Act
accordingly):
``SEC. 1102A. MEASURES TO MITIGATE COUNTERINTELLIGENCE THREATS FROM
PROLIFERATION AND USE OF FOREIGN COMMERCIAL SPYWARE.
``(a) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Select Committee on Intelligence, the
Committee on Foreign Relations, the Committee on Armed
Services, the Committee on Banking, Housing, and Urban
Affairs, the Committee on the Judiciary, the Committee
on Appropriations, and the Committee on Homeland
Security and Governmental Affairs of the Senate; and
``(B) the Permanent Select Committee on
Intelligence, the Committee on Foreign Affairs, the
Committee on Armed Services, the Committee on Financial
Services, the Committee on the Judiciary, the Committee
on Appropriations, the Committee on Homeland Security,
and the Committee on Oversight and Reform of the House
of Representatives.
``(2) Covered entity.--The term `covered entity' means any
foreign company that either directly or indirectly develops,
maintains, owns, operates, brokers, markets, sells, leases,
licenses, or otherwise makes available spyware.
``(3) Foreign commercial spyware.--The term `foreign
commercial spyware' means spyware that is developed (solely or
in partnership with a foreign company), maintained, sold,
leased, licensed, marketed, sourced (in whole or in part), or
otherwise provided, either directly or indirectly, by a foreign
company.
``(4) Foreign company.--The term `foreign company' means a
company that is incorporated or domiciled outside of the United
States, including any subsidiaries or affiliates wherever such
subsidiaries or affiliates are domiciled or incorporated.
``(5) Spyware.--The term `spyware' means a tool or set of
tools that operate as an end-to-end system of software to
provide an unauthorized user remote access to information
stored on or transiting through an electronic device connected
to the Internet and not owned or operated by the unauthorized
user, including end-to-end systems that--
``(A) allow an unauthorized user to remotely infect
electronic devices with malicious software, including
without any action required by the user of the device;
``(B) can record telecommunications or other audio
captured on a device not owned by the unauthorized
user;
``(C) undertake geolocation, collect cell site
location information, or otherwise track the location
of a device or person using the internal sensors of an
electronic device not owned by the unauthorized user;
``(D) allow an unauthorized user access to and the
ability to retrieve information on the electronic
device, including text messages, files, e-mails,
transcripts of chats, contacts, photos, and browsing
history; or
``(E) any additional criteria described in publicly
available documents published by the Director of
National Intelligence, such as whether the end-to-end
system is used outside the context of a codified lawful
intercept system.
``(b) Annual Assessments of Counterintelligence Threats.--
``(1) Requirement.--Not later than 90 days after the
enactment of the Intelligence Authorization Act for Fiscal Year
2023, and annually thereafter, the Director of National
Intelligence, in coordination with the Director of the Central
Intelligence Agency, the Director of the National Security
Agency, and the Director of the Federal Bureau of
Investigation, shall submit to the appropriate congressional
committees a report with an accompanying classified annex
containing an assessment of the counterintelligence threats and
other risks to the national security of the United States posed
by the proliferation of foreign commercial spyware. The
assessment shall incorporate all credible data, including open-
source information.
``(2) Elements.--Each report under paragraph (1) shall
include the following, if known:
``(A) A list of the most significant covered
entities.
``(B) A description of the foreign commercial
spyware marketed by the covered entities identified
under subparagraph (A) and an assessment by the
intelligence community of the foreign commercial
spyware.
``(C) An assessment of the counterintelligence risk
to the intelligence community or personnel of the
intelligence community posed by foreign commercial
spyware.
``(D) For each covered entity identified in
subparagraph (A), details of any subsidiaries,
resellers, or other agents acting on behalf of the
covered entity.
``(E) Details of where each covered entity
identified under subparagraphs (A) and (D) is
domiciled.
``(F) A description of how each covered entity
identified under subparagraphs (A) and (D) is financed,
where the covered entity acquired its capital, and the
organizations and individuals having substantial
investments or other equities in the covered entity.
``(G) An assessment by the intelligence community
of any relationship between each covered entity
identified in subparagraphs (A) and (D) and any foreign
government, including any export controls and processes
to which the covered entity is subject.
``(H) A list of the foreign customers of each
covered entity identified in subparagraphs (A) and (D),
including the understanding by the intelligence
community of the organizations and end-users within any
foreign government.
``(I) With respect to each foreign customer
identified under subparagraph (H), an assessment by the
intelligence community regarding how the foreign
customer is using the spyware, including whether the
foreign customer has targeted personnel of the
intelligence community.
``(J) With respect to the first report required
under paragraph (1), a mitigation plan to reduce the
exposure of personnel of the intelligence community to
foreign commercial spyware.
``(K) With respect to each report following the
first report required under paragraph (1), details of
steps taken by the intelligence community since the
previous report to implement measures to reduce the
exposure of personnel of the intelligence community to
foreign commercial spyware.
``(3) Classified annex.--In submitting the report under
subsection (2), the Director shall also include an accompanying
but separate classified annex, providing a watchlist of
companies selling, leasing, or otherwise providing foreign
commercial spyware that the Director determines are engaged in
activities that pose a counterintelligence risk to personnel of
the intelligence community.
``(4) Form.--Each report under paragraph (1) shall be
submitted in classified form.
``(5) Dissemination.--The Director of National Intelligence
shall separately distribute each report under paragraph (1) and
each annex under paragraph (3) to the President, the heads of
all elements of the intelligence community, the Secretary of
State, the Attorney General, the Secretary of Commerce, the
Secretary of Homeland Security, the National Cyber Director,
and the heads of any other departments or agencies the Director
of National Intelligence determines appropriate.
``(c) Authority to Prohibit Purchase or Use by Intelligence
Community.--
``(1) Foreign commercial spyware.--
``(A) In general.--The Director of National
Intelligence may prohibit any element of the
intelligence community from procuring, leasing, or
otherwise acquiring on the commercial market, or
extending or renewing a contract to procure, lease, or
otherwise acquire, foreign commercial spyware.
``(B) Considerations.--In determining whether and
how to exercise the authority under subparagraph (A),
the Director of National Intelligence shall consider--
``(i) the assessment of the intelligence
community of the counterintelligence threats or
other risks to the United States posed by
foreign commercial spyware;
``(ii) the assessment of the intelligence
community of whether the foreign commercial
spyware has been used to target United States
Government personnel.
``(iii) whether the original owner or
developer retains any of the physical property
or intellectual property associated with the
foreign commercial spyware;
``(iv) whether the original owner or
developer has verifiably destroyed all copies
of the data collected by or associated with the
foreign commercial spyware;
``(v) whether the personnel of the original
owner or developer retain any access to data
collected by or associated with the foreign
commercial spyware;
``(vi) whether the use of the foreign
commercial spyware requires the user to connect
to an information system of the original owner
or developer or information system of a foreign
government; and
``(vii) whether the foreign commercial
spyware poses a counterintelligence risk to the
United States or any other threat to the
national security of the United States.
``(2) Company that has acquired foreign commercial
spyware.--
``(A) Authority.--The Director of National
Intelligence may prohibit any element of the
intelligence community from entering into any contract
or other agreement for any purpose with a company that
has acquired, in whole or in part, any foreign
commercial spyware.
``(B) Considerations.--In considering whether and
how to exercise the authority under subparagraph (A),
the Director of National Intelligence shall consider--
``(i) whether the original owner or
developer of the foreign commercial spyware
retains any of the physical property or
intellectual property associated with the
spyware;
``(ii) whether the original owner or
developer of the foreign commercial spyware has
verifiably destroyed all data, and any copies
thereof, collected by or associated with the
spyware;
``(iii) whether the personnel of the
original owner or developer of the foreign
commercial spyware retain any access to data
collected by or associated with the foreign
commercial spyware;
``(iv) whether the use of the foreign
commercial spyware requires the user to connect
to an information system of the original owner
or developer or information system of a foreign
government; and
``(v) whether the foreign commercial
spyware poses a counterintelligence risk to the
United States or any other threat to the
national security of the United States.
``(3) Notifications of prohibition.--Not later than 30 days
after the date on which the Director of National Intelligence
exercises the authority to issue a prohibition under subsection
(c), the Director of National Intelligence shall notify the
congressional intelligence committees of such exercise of
authority. Such notice shall include--
``(A) a description of the circumstances under
which the prohibition was issued;
``(B) an identification of the company or product
covered by the prohibition;
``(C) any information that contributed to the
decision of the Director of National Intelligence to
exercise the authority, including any information
relating to counterintelligence or other risks to the
national security of the United States posed by the
company or product, as assessed by the intelligence
community; and
``(D) an identification of each element of the
intelligence community to which the prohibition has
been applied.
``(4) Waiver authority.--
``(A) In general.--The head of an element of the
intelligence community may request from the Director of
National Intelligence the waiver of a prohibition made
under paragraph (1) or (2).
``(B) Director of national intelligence
determination.--The Director of National Intelligence,
upon receiving the waiver request in subparagraph (A),
may issue a waiver for a period not to exceed one year
in response to the request from the head of an element
of the intelligence community if such waiver is in the
national security interest of the United States.
``(C) Notice.--Not later than 30 days after
approving a waiver request pursuant to subparagraph
(B), the Director of National Intelligence shall submit
to the congressional intelligence committees, the
Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House
of Representatives a written notification. The
notification shall include--
``(i) an identification of the head of the
element of the intelligence community that
requested the waiver;
``(ii) the details of the waiver request,
including the national security interests of
the United States;
``(iii) the rationale and basis for the
determination that the waiver is in the
national security interests of the United
States;
``(iv) the considerations that informed the
ultimate determination of the Director of
National Intelligence to issue the wavier; and
``(v) and any other considerations
contributing to the determination, made by the
Director of National Intelligence.
``(D) Waiver termination.--The Director of National
Intelligence may revoke a previously granted waiver at
any time. Upon revocation of a waiver, the Director of
National Intelligence shall submit a written
notification to the congressional intelligence
committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives not
later than 30 days after making a revocation
determination.
``(5) Termination of prohibition.--The Director of National
Intelligence may terminate a prohibition made under paragraph
(1) or (2) at any time. Upon termination of a prohibition, the
Director of National Intelligence shall submit a notification
of the termination to the congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense
of the Committee on Appropriations of the House of
Representatives not later than 30 days after terminating a
prohibition, detailing the basis for the termination, including
any United States national security interests that may be
affected by such termination.''.
(d) Protection of Covered Devices.--
(1) Requirement.--Not later than 120 days after the date of
the enactment of this Act, the Director of National
Intelligence shall--
(A) issue standards, guidance, best practices, and
policies for elements of the intelligence community to
protect covered devices from being compromised by
foreign commercial spyware;
(B) survey elements of the intelligence community
regarding the processes used by the elements to
routinely monitor covered devices for indicators of
compromise associated with foreign commercial spyware;
and
(C) submit to the congressional intelligence
committees a report on the sufficiency of the measures
in place to routinely monitor covered devices for
indicators of compromise associated with foreign
commercial spyware.
(2) Form.--The report under paragraph (1)(C) may be
submitted in classified form.
(3) Counterintelligence notifications.--Not later than 30
days after the date on which an element of the intelligence
community becomes aware that a covered device was targeted or
compromised by foreign commercial spyware, the Director of
National Intelligence, in coordination with the Director of the
Federal Bureau of Investigation, shall notify the congressional
intelligence committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives of such determination, including--
(A) the component of the element and the location
of the personnel whose covered device was targeted or
compromised;
(B) the number of covered devices compromised or
targeted;
(C) an assessment by the intelligence community of
the damage to national security of the United States
resulting from any loss of data or sensitive
information;
(D) an assessment by the intelligence community of
any foreign government, or foreign organization or
entity, and, to the extent possible, the foreign
individuals, who directed and benefitted from any
information acquired from the targeting or compromise;
and
(E) as appropriate, an assessment by the
intelligence community of the capacity and will of such
governments or individuals to continue targeting
personnel of the United States Government.
(4) Private sector partnerships.--Section 904(d)(7) of the
Counterintelligence Enhancement Act of 2002 (50 U.S.C.
3383(d)(7)) is amended by adding at the end the following new
paragraph:
``(E) Vulnerabilities from foreign commercial
spyware.--
``(i) Consultation.--In carrying out
efforts to secure covered devices, to consult
with the private sector of the United States
and reputable third-party researchers to
identify vulnerabilities from foreign
commercial spyware (as defined in section
1102A(a) of the National Security Act of 1947)
and maintain effective security measures for
such devices.
``(ii) Covered device defined.--In this
subparagraph, the term `covered device' means
any electronic mobile device including
smartphones, tablet computing devices, or
laptop computing devices, that is issued by an
element of the intelligence community for
official use.''.
(e) No Enhanced Authorities.--Nothing in this section or an
amendment made by this section shall be construed as enhancing, or
otherwise changing, the authorities of the intelligence community to
target, collect, process, or disseminate information regarding United
States Government personnel.
(f) Report on Harmonization Among Allied Countries.--
(1) Requirement.--Not later than 30 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense
of the Committee on Appropriations of the House of
Representatives a report on the potential for the United States
to lead an effort to devise and implement a common approach
with allied countries as the Director determines appropriate,
including the Five Eyes Partnership, to mitigate the
counterintelligence risks posed by the proliferation of foreign
commercial spyware, including by seeking commitments to
implement measures similar to the requirements under this
section and section 1102A of the National Security Act of 1947
(50 U.S.C. 3231 et seq.), as added by this section.
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex, consistent with the protection of intelligence sources
and methods.
SEC. 6319. PERSONNEL VETTING PERFORMANCE MEASURES.
(a) Definitions of Continuing Vetting; Council; Security Executive
Agent.--In this section, the terms ``continuous vetting'', ``Council'',
and ``Security Executive Agent'' have the meanings given those terms in
section 6601 of the Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020
(50 U.S.C. 3352).
(b) Measures.--Not later than 180 days after the date of the
enactment of this Act and consistent with section 807 of the
Intelligence Authorization Act for Fiscal Year 2022 (Public Law 117-
103), the Director of National Intelligence, acting as the Security
Executive Agent, and in coordination with the Chair and other
principals of the Council, shall develop performance measures to assess
the vetting of personnel, including measures to assess continuous
vetting and the quality of each phase of the personnel vetting process,
including the initiation, investigation, and adjudication phases.
(c) Report.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to Congress a report describing the
performance measures developed under subsection (b).
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A description of how departments and agencies
of the United States Government have implemented
Security Executive Agent Directive 6 titled
``Continuous Evaluation'' and related personnel vetting
performance measures to ensure that implementation is
efficient and effective, including the resources
expended by each department or agency for continuous
vetting and whether departments and agencies are
identifying security-relevant information in a timely
manner.
(B) A description of the performance measures the
Director of National Intelligence and the Secretary of
Defense use to assess the quality of each phase of the
personnel vetting process, including initiation,
investigation, adjudication, reinvestigation, and
continuous vetting.
(C) How such performance measures meet key
attributes for successful performance measures as
described in the report of the Comptroller General of
the United States titled ``Personnel Vetting: Actions
Needed to Implement Reforms, Address Challenges, and
Improve Planning'' (GAO-22-104093).
(D) Any impediments or constraints relating to the
implementation of Security Executive Agent Directive 6
or the development of such performance measures to
assess the quality of the personnel vetting process.
SEC. 6320. PROACTIVE CYBERSECURITY.
(a) Survey of Elements.--Pursuant to section 103G(b)(1) of the
National Security Act (50 U.S.C. 3032(b)(1)), not later than 1 year
after the date of the enactment of this Act, the Chief Information
Officer of the Intelligence Community shall conduct a survey of each
element of the intelligence community on the use by that element of
proactive cybersecurity initiatives, continuous activity security
testing, and active defense techniques.
(b) Report by Chief Information Officer.--
(1) Report.--Not later than 1 year after the date of the
completion of the survey under subsection (a), the Chief
Information Officer of the Intelligence Community shall submit
to the congressional intelligence committees, the Subcommittee
on Defense of the Committee on Appropriations of the Senate,
and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives a report on
proactive cybersecurity initiatives, continuous activity
security testing, and active defense techniques. Such report
shall include the following:
(A) The results of the survey of each element of
the intelligence community conducted under subsection
(a), including--
(i) examples of any successes against
attackers who breached an information system of
an element of the intelligence community; and
(ii) concerns, limitations, and associated
recommendations relating to innovative uses of
proactive cybersecurity initiatives.
(B) An analysis of the feasibility, costs, and
benefits of consolidating oversight and implementation
of such methods within the intelligence community,
including whether such consolidation would
significantly enhance defense.
(C) An analysis of any statutory or policy
limitations on the ability of the Director of National
Intelligence, or the head of any element of the
intelligence community, to carry out such methods on
behalf of an element of the intelligence community or
multiple such elements.
(D) An analysis of the relationships between and
among the intelligence community, the Department of
Defense, the Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security, national
laboratories, and the private sector, and whether such
relationships should be enhanced to protect national
security systems of the intelligence community through
proactive cybersecurity measures.
(E) With respect to active defense techniques, a
discussion of the effectiveness of such techniques to
protect the information systems of the elements of the
intelligence community, any constraints that hinder
such techniques, and associated recommendations.
(F) With respect to continuous activity security
testing, a discussion of--
(i) how an information system operates
under normal and intended use, compared to how
such system operates under a variety of adverse
conditions and scenarios; and
(ii) the feasibility of the adoption of
continuous activity security testing among the
intelligence community.
(G) Recommendations for legislative action and
further resources relating to the successful use of
proactive cybersecurity initiatives, deception
environments, and continuous activity security testing.
(2) Form.--The report under paragraph (1) may be submitted
in classified form.
(c) Definitions.--In this section:
(1) Active defense technique.--The term ``active defense
technique'' means an action taken on an information system of
an element of the intelligence community to increase the
security of such system against an attacker, including--
(A) the use of a deception technology or other
purposeful feeding of false or misleading information
to an attacker accessing such system; or
(B) proportional action taken in response to an
unlawful breach.
(2) Continuous activity security testing.--The term
``continuous activity security testing'' means continuous
experimentation conducted by an element of the intelligence
community on an information system of such element to evaluate
the resilience of such system against a malicious attack or
condition that could compromise such system for the purpose of
improving design, resilience, and incident response with
respect to such system.
(3) Deception technology.--The term ``deception
technology'' means an isolated digital environment, system, or
platform containing a replication of an active information
system with realistic data flows to attract, mislead, and
observe an attacker.
(4) Intelligence community information environment.--The
term ``intelligence community information environment'' has the
meaning given the term in Intelligence Community Directive 121,
or any successor document.
(5) National laboratory.--The term ``national laboratory''
has the meaning given that term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(6) National manager for national security systems.--The
term ``National Manager for National Security Systems'' means
the Director of National Security, or successor official,
serving as the National Manager for National Security Systems
pursuant to National Security Directive 42, or any successor
document.
(7) National security system.--The term ``national security
system'' has the meaning given that term in section 3552 of
title 44, United States Code.
(8) Proactive cybersecurity initiatives.--The term
``proactive cybersecurity initiatives'' means actions performed
periodically and continuously within an organization, focused
on identifying and eliminating vulnerabilities within the
network infrastructure, preventing security breaches, and
evaluating the effectiveness of the business security posture
in real-time, including threat hunting, endpoint and network
monitoring, and cybersecurity awareness and training.
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 6401. MODIFICATIONS TO RESPONSIBILITIES AND AUTHORITIES OF
DIRECTOR OF NATIONAL INTELLIGENCE.
Section 102A of the National Security Act of 1947 (50 U.S.C. 3024),
as amended by section 6314, is further amended--
(1) in subsection (c)(5)(C), by striking ``may'' and
inserting ``shall'';
(2) in subsection (h)--
(A) in paragraph (1)(A)--
(i) by striking ``encourage'' and inserting
``require''; and
(ii) by inserting ``, independent of
political considerations,'' after
``tradecraft''; and
(B) by amending paragraph (3) to read as follows;
``(3) ensure that substantial differences in analytic
judgment are fully considered, brought to the attention of
policymakers, and documented in analytic products; and'';
(3) in subsection (i)--
(A) in paragraph (1), by inserting ``, and shall
establish and enforce policies to protect,'' after
``protect'';
(B) in paragraph (2), by striking ``guidelines''
and inserting ``requirements''; and
(C) by adding at the end the following new
paragraph:
``(4)(A) Each head of an element of the intelligence community
shall ensure that any congressionally mandated report submitted to
Congress by the head, other than such a report submitted solely to the
congressional intelligence committees, shall be consistent with the
protection of intelligence sources and methods in accordance with the
policies established by the Director under paragraph (1), regardless of
whether the provision of law mandating the report explicitly requires
such protection.
``(B) Nothing in this paragraph shall be construed to alter any
congressional leadership's or congressional committee's jurisdiction or
access to information from any element of the intelligence community
under the rules of either chamber of Congress.''; and
(4) in subsection (x), in the matter preceding paragraph
(1), by striking ``the head of each department of the Federal
Government that contains an element of the intelligence
community and the Director of the Central Intelligence Agency''
and inserting ``the heads of the elements of the intelligence
community''.
SEC. 6402. ANNUAL SUBMISSION TO CONGRESS OF NATIONAL INTELLIGENCE
PRIORITIES FRAMEWORK.
Section 102A(p) of the National Security Act of 1947 (50 U.S.C.
3024(p)) is amended by inserting at the end the following new
paragraph:
``(3) Not later than October 1 of each year, the President, acting
through the Director of National Intelligence, shall submit to the
congressional intelligence committees, the Subcommittee on Defense of
the Committee on Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives a copy of the most recently updated National
Intelligence Priorities Framework of the Office of the Director of
National Intelligence (or any such successor mechanism).''.
SEC. 6403. DISPOSITION OF RECORDS OF OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
Section 1096(a) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458; 50 U.S.C. 3001 note) is amended--
(1) by inserting ``(1)'' before ``Upon'';
(2) by adding at the end the following new sentence: ``Any
records of the Office of the Director of National Intelligence
that are maintained by the agency as a service for the Office
of the Director of National Intelligence under section 1535 of
title 31, United States Code, (popularly known as the `Economy
Act') may be treated as the records of the agency when
dispositioned as required by law, and any disclosure of such
records between the two agencies shall not be subject to any
otherwise applicable legal consent requirements or disclosure
accounting requirements.''; and
(3) by adding at the end the following new paragraph:
``(2) The records of the Office of the Director of National
Intelligence may not be dispositioned pursuant to paragraph (1) without
the authorization of the Director of National Intelligence.''.
Subtitle B--Central Intelligence Agency
SEC. 6411. CLARIFICATION REGARDING PROTECTION OF CENTRAL INTELLIGENCE
AGENCY FUNCTIONS.
Section 6 of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3507) is amended by striking ``, functions'' and inserting ``or
functions of the Agency, or of the''.
SEC. 6412. EXPANSION OF REPORTING REQUIREMENTS RELATING TO AUTHORITY TO
PAY PERSONNEL OF CENTRAL INTELLIGENCE AGENCY FOR CERTAIN
INJURIES TO THE BRAIN.
Section 2(d)(1) of the Helping American Victims Afflicted by
Neurological Attacks Act of 2021 (Public Law 117-46) is amended--
(1) in subparagraph (A), by inserting ``and not less
frequently than once each year thereafter for 5 years'' after
``Not later than 365 days after the date of the enactment of
this Act'';
(2) in subparagraph (B), by adding at the end the
following:
``(iv) Detailed information about the
number of covered employees, covered
individuals, and covered dependents who
reported experiencing vestibular, neurological,
or related injuries, including those broadly
termed `anomalous health incidents'.
``(v) The number of individuals who have
sought benefits under any provision of section
19A of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3519b).
``(vi) The number of covered employees,
covered individuals, and covered dependents who
are unable to perform all or part of their
professional duties as a result of injuries
described in clause (iv).
``(vii) An updated analytic assessment
coordinated by the National Intelligence
Council regarding the potential causes and
perpetrators of anomalous health incidents, as
well as any and all dissenting views within the
intelligence community, which shall be included
as appendices to the assessment.''; and
(3) in subparagraph (C), by striking ``The'' and inserting
``Each''.
SEC. 6413. HISTORICAL ADVISORY PANEL OF CENTRAL INTELLIGENCE AGENCY.
(a) Sense of Congress.--It is the sense of Congress that Congress
expresses its appreciation--
(1) to the Director of the Central Intelligence Agency for
reconstituting the Historical Advisory Panel; and
(2) for the important work of the Historical Advisory
Panel, especially for--
(A) the efforts of the Panel to aid with the
declassification of materials that enrich the
historical national security record; and
(B) the assistance of the Panel in liaison with the
scholarly community.
(b) Reporting Requirement.--The Historical Advisory Panel shall
report directly to the Director of the Central Intelligence Agency.
(c) Historical Advisory Panel Defined.--The term ``Historical
Advisory Panel'' means the panel of the Central Intelligence Agency,
regardless of the name of the panel, that assists in conducting
declassification reviews and providing other assistance with respect to
matters of historical interest.
SEC. 6414. AUTHORITY OF CENTRAL INTELLIGENCE AGENCY TO PROVIDE
PROTECTION FOR CERTAIN PERSONNEL.
(a) Authority.--Paragraph (4) of section 5(a) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3506(a)), as amended by
section 6303, is further amended to read as follows:
``(4) Authorize personnel designated by the Director to carry
firearms to the extent necessary for the performance of the Agency's
authorized functions, except that, within the United States, such
authority shall be limited to the purposes of--
``(A) the training of Agency personnel and other authorized
persons in the use of firearms;
``(B) the protection of classified materials and
information;
``(C) the protection of installations and property of the
Agency;
``(D) the protection of--
``(i) current and former Agency personnel and their
immediate families;
``(ii) individuals nominated by the President to
the position of Director (including with respect to an
individual whom a President-elect (as defined in
section 3(c) of the Presidential Transition Act of 1963
(3 U.S.C. 102 note) has declared an intent to nominate)
and their immediate families; and
``(iii) defectors and their immediate families, and
other persons in the United States under Agency
auspices; and
``(E) with respect to the Office of the Director of
National Intelligence, the protection of--
``(i) installations and property of the Office of
the Director of National Intelligence;
``(ii) the Director of National Intelligence and
the immediate family of the Director;
``(iii) current and former personnel of the Office
of the Director of National Intelligence and their
immediate families as the Director of National
Intelligence may designate; and
``(iv) individuals nominated by the President to
the position of Director of National Intelligence
(including with respect to an individual whom a
President-elect has declared an intent to nominate) and
their immediate families;''.
(b) Conforming Amendment.--Section 15(d)(1) of such Act (50 U.S.C.
3515(d)(1)) is amended by striking ``designated by the Director under
section 5(a)(4) to carry firearms for the protection of current or
former Agency personnel and their immediate families, defectors and
their immediate families, and other persons in the United States under
Agency auspices,'' and inserting the following: ``designated by the
Director to carry firearms under subparagraph (D) or (E) of section
5(a)(4),''.
(c) Technical Amendment.--Paragraphs (7) and (8) of section 5(a) of
such Act (50 U.S.C. 3506(a)) are amended by adjusting the margins to
conform with the other paragraphs in such section.
SEC. 6415. NOTIFICATION OF USE OF CERTAIN EXPENDITURE AUTHORITIES.
(a) CIA.--Section 8 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3510) is amended by adding at the end the following new
subsection:
``(c) Notification.--Not later than 30 days after the date on which
the Director makes a novel and significant expenditure pursuant to
subsection (a), the Director shall notify the Permanent Select
Committee on Intelligence of the House of Representatives, the Select
Committee on Intelligence of the Senate, the Subcommittee on Defense of
the Committee on Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives of such expenditure.''.
(b) Other Elements.--Section 102A of the National Security Act of
1947 (50 U.S.C. 3024), as amended by section 6402, is further amended--
(1) in subsection (m)(1), by inserting before the period at
the end the following: ``, including with respect to the
notification requirement under section 8(c) of such Act (50
U.S.C. 3510(c))''; and
(2) in subsection (n), by adding at the end the following
new paragraph:
``(5) Any authority provided to the Director of National
Intelligence or the head of an element of the intelligence community
pursuant to this subsection to make an expenditure referred to in
subsection (a) of section 8 of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3510) is subject to the notification requirement under
subsection (c) of such section. If the Director of National
Intelligence is required to make a notification for a specific
expenditure pursuant to both this paragraph and paragraph (4)(G), the
Director may make a single notification.''.
SEC. 6416. OFFICE SUPPORTING CENTRAL INTELLIGENCE AGENCY WORKFORCE
WELLBEING.
(a) Establishment.--The Central Intelligence Agency Act of 1949 (50
U.S.C. 3501 et seq.) is amended by adding at the end the following new
section:
``SEC. 29. OFFICE OF WELLNESS AND WORKFORCE SUPPORT.
``(a) Establishment.--The Director shall establish within the
Agency an office (in this section referred to as the `Office') to
provide support for the physical health, mental health, and wellbeing
of eligible individuals under subsection (d).
``(b) Chief Wellbeing Officer; Assigned Staff.--
``(1) Chief wellbeing officer.--The head of the Office is
the Chief Wellbeing Officer, who shall provide to the Director
regular updates on the operations of the Office.
``(2) Assigned staff.--To assist in performing the
functions under subsection (c), the Director shall assign to
the Office a sufficient number of individuals, who shall have
no official duties other than duties related to the Office
while so assigned.
``(c) Functions of Office.--
``(1) Functions.--The Director shall establish the
functions and role of the Office, which shall include the
following:
``(A) Providing to eligible individuals under
subsection (d) advice and assistance on health and
wellbeing, including with respect to--
``(i) physical health and access to
physical health care;
``(ii) mental health and access to mental
health care; and
``(iii) other related programs and benefits
for which the individual may be eligible.
``(B) In providing advice and assistance to
individuals under subparagraph (A), assisting such
individuals who are applying for, and navigating the
process to obtain, benefits furnished by the United
States Government for which the individual is eligible,
including, at a minimum--
``(i) health care and benefits described in
such subparagraph; and
``(ii) benefits furnished pursuant to
section 19A.
``(C) Maintaining, and making available to eligible
individuals under subsection (d), the following:
``(i) A list of physicians and mental
health care providers (including from the
private sector, as applicable), who have
experience with the physical and mental health
care needs of the Agency workforce.
``(ii) A list of chaplains and religious
counselors who have experience with the needs
of the Agency workforce, including information
regarding access to the Chaplain Corps
established under section 26.
``(iii) Information regarding how to select
and retain private attorneys who have
experience with the legal needs of the Agency
workforce, including detailed information on
the process for the appropriate sharing of
information with retained private attorneys.
``(D) Any other functions the Director determines
appropriate.
``(2) Rule of construction.--The inclusion of any person on
a list maintained or made available pursuant to paragraph
(1)(C) shall not be construed as an endorsement of such person
(or any service furnished by such person), and the Director
shall not be liable, as a result of such inclusion, for any
portion of compensable injury, loss, or damage attributable to
such person or service.
``(3) Confidentiality.--
``(A) Requirement.--The Director shall ensure that,
to the extent permitted by law, the advice and
assistance provided by the Office to eligible
individuals under subsection (d) is provided in a
confidential manner.
``(B) Regulations.--The Director may prescribe
regulations regarding the requirement for
confidentiality under this paragraph. The Director
shall submit to the congressional intelligence
committees (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003)), the
Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House
of Representatives any such regulations not later than
30 days after prescribing such regulations.
``(d) Eligibility.--
``(1) In general.--An individual described in paragraph (2)
may receive a service under the Office at the election of the
individual.
``(2) Individuals described.--An individual described in
this paragraph is--
``(A) a current or former officer or employee of
the Agency; or
``(B) an individual affiliated with the Agency, as
determined by the Director.''.
(b) Deadline for Establishment.--The Director of the Central
Intelligence Agency shall establish the Office under section 29 of the
Central Intelligence Agency Act of 1949 (as added by subsection (a))
(in this section referred to as the ``Office'') by not later than 120
days after the date of the enactment of this Act.
(c) Biannual Briefings.--On a biannual basis during the three-year
period beginning on the date of the establishment of the Office, the
Director shall provide to the congressional intelligence committees,
the Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives a briefing on the status
of the Office, including on--
(1) the number of individuals assigned to the Office
pursuant to subsection (b)(2) of section 29 of the Central
Intelligence Agency Act of 1949 (as added by subsection (a));
and
(2) the number of eligible individuals under subsection (d)
of such section 29 who have received services under the Office,
and the type of services so received.
Subtitle C--Elements of the Defense Intelligence Enterprise
SEC. 6421. INCLUSION OF SPACE FORCE AS ELEMENT OF INTELLIGENCE
COMMUNITY.
Section 3(4)(H) of the National Security Act of 1947 (50 U.S.C.
3003(4)(H)) is amended by inserting ``the Space Force,'' after ``the
Marine Corps,''.
SEC. 6422. OVERSIGHT OF DEFENSE INTELLIGENCE AGENCY CULTURE.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
(C) the Subcommittee on Defense of the Committee on
Appropriations of the Senate;
(D) the Committee on Armed Services of the House of
Representatives; and
(E) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(2) Workforce climate survey.--The term ``workforce climate
survey''--
(A) means a workforce engagement or climate survey
conducted at the agency, directorate, career field, or
integrated intelligence center level, without regard to
whether the survey is conducted on an annual or ad-hoc
basis; and
(B) does not include an exit survey specified in
subsection (c).
(b) Findings.--Congress finds that the Defense Intelligence Agency
has committed to improving Agency culture and leadership; however,
actions taken by the Agency as of the date of the enactment of this Act
have not enabled a full assessment of the extent of workforce culture
issues and potential management abuses, and require additional
Congressional oversight to ensure concerns are both understood and
addressed.
(c) Mandatory Provision of Exit Survey or Interview.--
(1) In general.--The Director of the Defense Intelligence
Agency shall ensure that each employee of such Agency who
leaves employment with such Agency (but not including any
detail assignment) completes an exit survey or exit interview
prior to such departure, to the extent practicable.
(2) Annual submissions to congress.--On an annual basis
during the 3-year period beginning on the date of the enactment
of this Act, the Director of the Defense Intelligence Agency
shall submit to the appropriate committees of Congress a
written analysis of the results of the exit surveys or exit
interviews completed pursuant to paragraph (1) during the year
covered by the report together with a plan of the Director to
address any issues identified pursuant to such results to
improve retention and culture.
(d) Congressional Oversight Relating to Workforce Climate
Surveys.--
(1) Notifications of ad-hoc workforce climate surveys.--Not
later than 14 days after the date on which the Director of the
Defense Intelligence Agency conducts an ad-hoc workforce
climate survey (including in response to a specific incident or
concern), the Director shall notify the appropriate committees
of Congress.
(2) Reports on final results.--Not later than 90 days after
the date on which the Director of the Defense Intelligence
Agency concludes the conduct of any workforce climate survey,
the Director shall submit to the appropriate committees of
Congress a report containing the final results of such
workforce climate survey. Such report shall include the
following:
(A) The topic of the workforce climate survey, and
the workforce level surveyed.
(B) The rationale for conducting the workforce
climate survey.
(C) The measures in place to ensure the
accessibility of the workforce climate survey.
(D) The lead official or entity conducting the
workforce climate survey.
(E) Any actions the Director intends to take, or is
considering, in response to the results of the
workforce climate survey.
(3) Accessibility of workforce climate surveys.--The
Director of the Defense Intelligence Agency shall ensure that,
to the extent practicable, and consistent with the protection
of intelligence sources and methods, workforce climate surveys
are accessible to employees of such Agency on classified and
unclassified systems.
(e) Feasibility Report.--Not later than 270 days after the date of
enactment of this Act, the Director of the Defense Intelligence Agency
shall submit to the appropriate committees of Congress a report
containing an analysis of the feasibility (including the anticipated
cost, personnel requirements, necessary authorities, and such other
matters as may be determined appropriate by the Director for purposes
of analyzing feasibility) of--
(1) conducting 360-degree performance reviews among
employees of the Defense Intelligence Agency; and
(2) including leadership suitability assessments (including
personality evaluations, communication style assessments, and
emotional intelligence aptitude assessments) for promotions of
such employees to a position within grade GS-14 or above of the
General Schedule.
Subtitle D--Other Elements
SEC. 6431. MODIFICATION OF ADVISORY BOARD IN NATIONAL RECONNAISSANCE
OFFICE.
Section 106A(d) of the National Security Act of 1947 (50 U.S.C.
3041a(d)) is amended--
(1) in paragraph (3)(A)(i), by inserting ``, in
consultation with the Director of National Intelligence and the
Secretary of Defense,'' after ``Director''; and
(2) in paragraph (7), by striking ``the date that is 3
years after the date of the first meeting of the Board'' and
inserting ``September 30, 2024''.
SEC. 6432. ESTABLISHMENT OF ADVISORY BOARD FOR NATIONAL GEOSPATIAL-
INTELLIGENCE AGENCY.
(a) Establishment.--There is established in the National
Geospatial-Intelligence Agency an advisory board (in this section
referred to as the ``Board'').
(b) Duties.--The Board shall--
(1) study matters relating to the mission of the National
Geospatial-Intelligence Agency, including with respect to
integration of commercial capabilities, promoting innovation,
advice on next generation tasking, collection, processing,
exploitation, and dissemination capabilities, strengthening
functional management, acquisition, and such other matters as
the Director of the National Geospatial-Intelligence Agency
considers appropriate; and
(2) advise and report directly to the Director with respect
to such matters.
(c) Members.--
(1) Number and appointment.--
(A) In general.--The Board shall be composed of 6
members appointed by the Director from among
individuals with demonstrated academic, government,
business, or other expertise relevant to the mission
and functions of the Agency.
(B) Notification.--Not later than 30 days after the
date on which the Director appoints a member to the
Board, the Director shall notify the congressional
intelligence committees and the congressional defense
committees (as defined in section 101(a) of title 10,
United States Code) of such appointment.
(C) Initial appointments.--Not later than 180 days
after the date of the enactment of this Act, the
Director shall appoint the initial 6 members to the
Board.
(2) Terms.--Each member shall be appointed for a term of 3
years.
(3) Vacancy.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only for
the remainder of that term.
(4) Chair.--The Board shall have a Chair, who shall be
appointed by the Director from among the members.
(5) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(6) Executive secretary.--The Director may appoint an
executive secretary, who shall be an employee of the Agency, to
support the Board.
(d) Meetings.--The Board shall meet not less than quarterly, but
may meet more frequently at the call of the Director.
(e) Reports.--Not later than March 31 of each year, the Board shall
submit to the Director and to the congressional intelligence
committees, the Committee on Appropriations of the Senate, and the
Committee on Appropriations of the House of Representatives a report on
the activities and significant findings of the Board during the
preceding year.
(f) Nonapplicability of Certain Requirements.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Board.
(g) Termination.--The Board shall terminate on the date that is 5
years after the date of the first meeting of the Board.
SEC. 6433. ELEVATION OF THE COMMERCIAL AND BUSINESS OPERATIONS OFFICE
OF THE NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.
Beginning not later than 90 days after the date of the enactment of
this Act, the head of the commercial and business operations office of
the National Geospatial-Intelligence Agency shall report directly to
the Director of the National Geospatial-Intelligence Agency.
SEC. 6435. STUDY ON PERSONNEL UNDER STRATEGIC INTELLIGENCE PARTNERSHIP
PROGRAM.
(a) Study.--The Director of National Intelligence and the Director
of the Office of Intelligence and Counterintelligence of the Department
of Energy, in consultation with the National Laboratories Directors'
Council and in coordination with such other entities, agencies, and
departments as the Directors consider appropriate, shall jointly
conduct a study of the skills, recruitment, and retention of the
personnel at the national laboratories who carry out projects under the
Strategic Intelligence Partnership Program.
(b) Elements.--The study under subsection (a) shall address the
following:
(1) The degree to which the personnel at the national
laboratories who carry out projects under the Strategic
Intelligence Partnership Program have the requisite training,
skillsets, or expertise in critical science, technology, and
engineering areas to support ongoing and anticipated projects
under such Program, and the sufficiency of such personnel.
(2) Whether such personnel have compensation, benefits, and
pay scales that are competitive with comparable roles in the
private sector in the geographic market in which the relevant
national laboratory is located.
(3) Any challenges associated with the retention of such
personnel.
(4) The talent composition of such personnel, broken down
by career phase and degree status, to include any relevant exit
survey data.
(5) A description of current or previous programs to
enabling such personnel to rotate between elements of the
intelligence community and the national laboratories, including
the number of personnel on nonreimbursable or reimbursable
assignment to an element of the intelligence community.
(6) The degree to which such projects and personnel support
or augment other ongoing mission areas and capacities at the
national laboratories.
(c) Recommendations.--Upon completing the study under subsection
(a), the Directors shall jointly develop findings and recommendations
based on the results of the study regarding the recruitment and
retention of personnel at the national laboratories who carry out
projects under the Strategic Intelligence Partnership Program,
including with respect to the following:
(1) New or alternative business models, sponsorship
arrangements, or work scope agreements.
(2) Extending eligibility for existing, or establishing
new, recruitment, retention, or other career incentive
programs, including student loan repayment and forgiveness
programs, to such personnel.
(3) Initiating geographically flexible or remote work
arrangements for such personnel.
(4) Enabling such personnel to participate in training at
elements of the intelligence community, or obtain academic
training at the National Intelligence University.
(5) Establishing new, or enhancing existing, opportunities
for detailee or rotational programs among the intelligence
community and the national laboratories.
(6) Using a compensation system modeled on the Cyber Talent
Management System of the Department of Homeland Security for
such personnel.
(7) Any other recommendations the Directors determine
relevant.
(d) Report.--
(1) Requirement.--Not later than 1 year after the date of
the enactment of this Act, the Directors shall jointly submit
to the congressional intelligence committees, the Subcommittee
on Defense of the Committee on Appropriations of the Senate,
and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives a report
containing the study under subsection (a) and the
recommendations under subsection (c).
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(e) National Laboratories Defined.--In this section, the term
``national laboratories'' means--
(1) each national security laboratory (as defined in
section 3281(1) of the National Nuclear Security Administration
Act (50 U.S.C. 2471(1))); and
(2) each national laboratory of the Department of Energy.
SEC. 6436. BRIEFING ON COORDINATION BETWEEN INTELLIGENCE COMMUNITY AND
BUREAU OF INDUSTRY AND SECURITY.
(a) Definition of Appropriate Congressional Committees.--In this
section, the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Banking, Housing, and Urban
Affairs, the Committee on Commerce, Science, and
Transportation, and the Subcommittee on Defense of the
Committee on Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Financial Services, the
Committee on Energy and Commerce, and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives.
(b) Classified Briefing.--Not later than 90 days after the date of
the enactment of this Act, the Director of National Intelligence and
the Secretary of Commerce, or their designees, shall jointly provide a
classified briefing to the appropriate congressional committees
regarding--
(1) coordination between the intelligence community and the
Bureau of Industry and Security of the Department of Commerce;
(2) existing processes of the Bureau for the access to,
storage of, transmission of, and use of information provided to
the Bureau by an element of the intelligence community; and
(3) such recommendations as the Director and the Secretary
may have to enhance such access, storage, transmission, and
use.
TITLE LXV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Intelligence Matters Relating to the People's Republic of
China
SEC. 6501. REPORT ON WEALTH AND CORRUPT ACTIVITIES OF THE LEADERSHIP OF
THE CHINESE COMMUNIST PARTY.
Not later than 1 year after the date of the enactment of this Act,
the Director of National Intelligence, in consultation with the
Secretary of State, shall make available to the public an unclassified
report on the wealth and corrupt activities of the leadership of the
Chinese Communist Party, including the General Secretary of the Chinese
Communist Party and senior leadership officials in the Central
Committee, the Politburo, the Politburo Standing Committee, and any
other regional Party Secretaries.
SEC. 6502. IDENTIFICATION AND THREAT ASSESSMENT OF COMPANIES WITH
INVESTMENTS BY THE PEOPLE'S REPUBLIC OF CHINA.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Commerce, Science, and Transportation
and the Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(3) the Committee on Energy and Commerce and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
(b) In General.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with such heads of elements of the intelligence community
as the Director considers appropriate, the Chairperson of the Federal
Communication Commission, and the Administrator of the National
Telecommunications and Information Administration, shall provide to the
appropriate committees of Congress a report on the risk to national
security of the use of--
(1) telecommunications companies with a 10% or greater
direct or indirect foreign investment by an entity or person
owned or controlled by, or subject to the jurisdiction or
direction of, the People's Republic of China that is operating
in the United States or providing services to affiliates and
personnel of the intelligence community; and
(2) hospitality and conveyance companies with substantial
investment by the People's Republic of China by affiliates and
personnel of the intelligence community for travel on behalf of
the United States Government.
SEC. 6503. INTELLIGENCE COMMUNITY WORKING GROUP FOR MONITORING THE
ECONOMIC AND TECHNOLOGICAL CAPABILITIES OF THE PEOPLE'S
REPUBLIC OF CHINA.
(a) In General.--The Director of National Intelligence, in
consultation with such heads of elements of the intelligence community
as the Director considers appropriate, shall establish a cross-
intelligence community analytical working group (in this section
referred to as the ``working group'') on the economic and technological
capabilities of the People's Republic of China.
(b) Monitoring and Analysis.--The working group shall monitor and
analyze--
(1) the economic and technological capabilities of the
People's Republic of China;
(2) the extent to which those capabilities rely on exports,
financing, or services from the United States and other foreign
countries;
(3) the links of those capabilities to the military-
industrial complex of the People's Republic of China; and
(4) the threats those capabilities pose to the national
security and values of the United States.
(c) Annual Assessment.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, the
Committee on Armed Services, the Committee on Homeland
Security and Governmental Affairs, the Committee on
Commerce, Science, and Transportation, and the
Committee on Appropriations of the Senate; and
(C) the Committee on Foreign Affairs, the Committee
on Financial Services, the Committee on Armed Services,
the Committee on Homeland Security, the Committee on
Energy and Commerce, the Committee on Ways and Means,
and the Committee on Appropriations of the House of
Representatives.
(2) In general.--Not less frequently than once each year,
the working group shall submit to the appropriate committees of
Congress an assessment of the economic and technological
strategy, efforts, and progress of the People's Republic of
China to become the dominant military, technological, and
economic power in the world and undermine the rules-based world
order.
(3) Elements.--Each assessment required by paragraph (2)
shall include the following:
(A) An unclassified overview of the major goals,
strategies, and policies of the People's Republic of
China to control, shape, or develop self-sufficiency in
key technologies and control related supply chains and
ecosystems, including--
(i) efforts to acquire United States and
other foreign technology and recruit foreign
talent in technology sectors of the People's
Republic of China, including the extent to
which those efforts relate to the military-
industrial complex of the People's Republic of
China;
(ii) efforts related to incentivizing
offshoring of United States and foreign
manufacturing to China, influencing global
supply chains, and creating supply chain
vulnerabilities for the United States,
including China's financing or potential
financing in foreign countries to create
monopolies in the processing and exporting of
rare earth and other critical materials
necessary for renewable energy, including
cobalt, lithium, and nickel;
(iii) related tools and market access
restrictions or distortions imposed by the
People's Republic of China on foreign firms and
laws and regulations of the People's Republic
of China that discriminate against United
States and other foreign firms; and
(iv) efforts of the People's Republic of
China to attract or restrict financing from the
United States and other foreign countries to
build self-sufficient national defense
capabilities, an evaluation of the relative
contribution of foreign financing to China's
economic support for such capabilities, and the
type of capital flows from the United States
into China's national defense capabilities from
the specific actions taken by the Government of
the People's Republic of China to attract or
restrict financing to the outcome of such
efforts for entities and persons of the
People's Republic of China.
(B) An unclassified assessment of the progress of
the People's Republic of China to achieve its goals,
disaggregated by economic sector.
(C) An unclassified assessment of the impact of the
transfer of capital, technology, data, talent, and
technical expertise from the United States to China on
the economic, technological, and military capabilities
of the People's Republic of China.
(D) An unclassified list of the top 200 businesses,
academic and research institutions, or other entities
of the People's Republic of China that are--
(i) developing, producing, or exporting to
other countries the technologies that are
strategically important to the People's
Republic of China or supporting entities of the
People's Republic of China that are subject to
sanctions imposed by the United States;
(ii) supporting the military-civil fusion
program or the military industrial complex of
the People's Republic of China; or
(iii) otherwise supporting the goals and
efforts of the Chinese Communist Party and
Chinese government entities, including the
Ministry of State Security, the Ministry of
Public Security, and the People's Liberation
Army.
(E) An unclassified list of the top 100
development, infrastructure, or other strategic
projects that the People's Republic of China is
financing abroad that--
(i) advance the technology goals and
strategies of the Chinese Communist Party; or
(ii) evade financial sanctions, export
controls, or import restrictions imposed by the
United States.
(F) An unclassified list of the top 100 businesses,
research institutions, or other entities of the
People's Republic of China that are developing
surveillance, smart cities, or related technologies
that are--
(i) exported to other countries,
undermining democracy worldwide; or
(ii) provided to the security services of
the People's Republic of China, enabling them
to commit severe human rights abuses in China.
(G) An unclassified list of the top 100 businesses
or other entities of the People's Republic of China
that are--
(i) operating in the genocide zone in
Xinjiang; or
(ii) supporting the Xinjiang Public
Security Bureau, the Xinjiang Bureau of the
Ministry of State Security, the People's Armed
Police, or the Xinjiang Production and
Construction Corps.
(H) A list of investment funds, public companies,
or private or early-stage firms of the People's
Republic of China that have received more than
$100,000,000 in capital flows from the United States
during the 10-year period preceding the date on which
the assessment is submitted.
(4) Preparation of assessments.--In preparing each
assessment required by paragraph (2), the working group shall
use open source documents in Chinese language and commercial
databases.
(5) Format.--An assessment required by paragraph (2) may be
submitted in the format of a National Intelligence Estimate.
(6) Form.--Each assessment required by paragraph (2) shall
be submitted in unclassified form, but may include a classified
annex.
(7) Publication.--The unclassified portion of each
assessment required by paragraph (2) shall be published on the
publicly accessible website of the Director of National
Intelligence.
(d) Briefings to Congress.--Not less frequently than quarterly, the
working group shall provide to Congress a classified briefing on the
economic and technological goals, strategies, and progress of the
People's Republic of China, especially on the information that cannot
be disclosed in the unclassified portion of an assessment required by
subsection (c)(2).
(e) Classified Analyses.--Each classified annex to an assessment
required by subsection (c)(2) or corresponding briefing provided under
subsection (d) shall include an analysis of--
(1) the vulnerabilities of the People's Republic of China,
disaggregated by economic sector, industry, and entity; and
(2) the technological or supply chain chokepoints of the
People's Republic of China that provide leverage to the United
States.
(f) Sunset.--This section shall cease to be effective on the date
that is 5 years after the date of the enactment of this Act.
SEC. 6504. ANNUAL REPORT ON CONCENTRATED REEDUCATION CAMPS IN THE
XINJIANG UYGHUR AUTONOMOUS REGION OF THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, and
the Committee on Appropriations of the Senate; and
(C) the Committee on Foreign Affairs, the Committee
on Financial Services, and the Committee on
Appropriations of the House of Representatives.
(2) Covered camp.--The term ``covered camp'' means a
detention camp, prison, forced labor camp, or forced labor
factory located in the Xinjiang Uyghur Autonomous Region of the
People's Republic of China, referred to by the Government of
the People's Republic of China as ``concentrated reeducation
camps'' or ``vocational training centers''.
(b) Annual Report Required.--Not later than 120 days after the date
of the enactment of this Act, and annually thereafter for 5 years, the
Director of National Intelligence, in consultation with such heads of
elements of the intelligence community as the Director considers
appropriate, shall submit to the appropriate committees of Congress a
report on the status of covered camps.
(c) Elements.--Each report required by subsection (b) shall include
the following:
(1) An identification of the number and geographic location
of covered camps and an estimate of the number of victims
detained in covered camps.
(2) A description of--
(A) the types of personnel and equipment in covered
camps;
(B) the funding received by covered camps from the
Government of the People's Republic of China; and
(C) the role of the security services of the
People's Republic of China and the Xinjiang Production
and Construction Corps in enforcing atrocities at
covered camps.
(3) A comprehensive list of--
(A) the entities of the Xinjiang Production and
Construction Corps, including subsidiaries and
affiliated businesses, with respect to which sanctions
have been imposed by the United States;
(B) commercial activities of those entities outside
of the People's Republic of China; and
(C) other Chinese businesses, including in the
artificial intelligence, biotechnology, and
surveillance technology sectors, that are involved with
the atrocities in Xinjiang or supporting the policies
of the People's Republic of China in the region.
(d) Form.--Each report required by subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
(e) Publication.--The unclassified portion of each report required
by subsection (b) shall be published on the publicly accessible website
of the Office of the Director of National Intelligence.
SEC. 6505. ASSESSMENTS OF PRODUCTION OF SEMICONDUCTORS BY THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Banking,
Housing, and Urban Affairs, the Committee on Commerce,
Science, and Transportation, the Committee on Homeland
Security and Governmental Affairs, and the Committee on
Appropriations of the Senate; and
(C) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Financial
Services, the Committee on Science, Space, and
Technology, the Committee on Energy and Commerce, the
Committee on Homeland Security, and the Committee on
Appropriations of the House of Representatives.
(2) Legacy semiconductor.--The term ``legacy
semiconductor'' has the meaning given such term in section
9902(a)(6)(A) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (15 U.S.C.
4652(a)(6)(A)).
(b) In General.--Not later than 60 days after the date of the
enactment of this Act, and annually thereafter for 3 years, the
Director of National Intelligence shall submit to the appropriate
committees of Congress an assessment of progress by the People's
Republic of China in global competitiveness in the production of
semiconductors by Chinese firms, including any subsidiary, affiliate,
or successor of such firms.
(c) Consultation.--In carrying out subsection (b), the Director
shall consult with the Secretary of Commerce and the heads of such
other Federal agencies as the Director considers appropriate.
(d) Elements.--Each assessment submitted under subsection (b) shall
include the following:
(1) The progress of the People's Republic of China toward
self-sufficiency in the supply of semiconductors, including
globally competitive Chinese firms competing in the fields of
artificial intelligence, cloud computing, autonomous vehicles,
next-generation and renewable energy, advanced life sciences
and biotechnology, and high-performance computing.
(2) The progress of the People's Republic of China in
developing indigenously or accessing foreign sources of
intellectual property critical to the design and manufacturing
of leading edge process nodes, including electronic design
automation technology.
(3) Activity of Chinese firms with respect to the
production of semiconductors that are not legacy
semiconductors, including any identified export diversion to
evade export controls.
(4) Any observed stockpiling efforts by Chinese firms with
respect to semiconductor manufacturing equipment, substrate
materials, silicon wafers, or other necessary inputs for
semiconductor production.
(5) An analysis of the relative market share of different
Chinese semiconductor manufacturers at different process nodes
and the estimated increase or decrease of market share by that
manufacturer in each product category during the preceding
year.
(6) A comprehensive summary of recruitment activity of the
People's Republic of China targeting semiconductor
manufacturing engineers and managers from non-Chinese firms.
(7) An analysis of the capability of the workforce of the
People's Republic of China to design, produce, and manufacture
of semiconductors that are not legacy semiconductors and
relevant equipment.
(e) Form of Assessments.--Each assessment submitted under
subsection (b) shall be submitted in unclassified form and include a
classified annex.
(f) Additional Reporting.--Each assessment submitted under
subsection (b) shall also be transmitted to the Secretary of Commerce,
to inform, among other activities of the Department of Commerce,
implementation of section 103 of the CHIPS Act of 2022 (Public Law 117-
167) and title XCIX of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651 et seq.).
Subtitle B--Miscellaneous Authorities, Requirements, and Limitations
SEC. 6511. NOTICE OF DEPLOYMENT OR TRANSFER OF CONTAINERIZED MISSILE
SYSTEMS BY RUSSIA, CHINA, OR IRAN.
Section 501 of the Intelligence Authorization Act for Fiscal Year
2016 (division M of Public Law 114-113; 129 Stat. 2923) is amended--
(1) by striking ``the Russian Federation'' each place it
appears and inserting ``a covered country'';
(2) by striking ``Club-K container missile system'' each
place it appears and inserting ``missile launcher disguised as
or concealed in a shipping container'';
(3) in subsection (a)(1)--
(A) by striking ``deploy, the'' and inserting
``deploy, a''; and
(B) by striking ``the Russian military'' and
inserting ``the military of the covered country'';
(4) by striking subsection (c) and inserting the following
new subsection:
``(c) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the following:
``(A) The congressional intelligence committees.
``(B) The Committees on Armed Services of the House
of Representatives and the Senate.
``(C) The Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate.
``(D) The Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives and
the Subcommittee on Defense of the Committee on
Appropriations of the Senate.
``(2) Covered country.--The term `covered country' means
the following:
``(A) Russia.
``(B) China.
``(C) Iran.
``(D) North Korea.''; and
(5) in the heading, by striking ``club-k container missile
system by the russian federation'' and inserting
``containerized missile system by russia or certain other
countries''.
SEC. 6512. INTELLIGENCE COMMUNITY COORDINATOR FOR RUSSIAN ATROCITIES
ACCOUNTABILITY.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(C) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(2) Atrocity.--The term ``atrocity'' means a war crime,
crime against humanity, or genocide.
(3) Commit.--The term ``commit'', with respect to an
atrocity, includes the planning, committing, aiding, and
abetting of such atrocity.
(4) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(5) Russian atrocity.--The term ``Russian atrocity'' means
an atrocity that is committed by an individual who is--
(A) a member of the armed forces, or the security
or other defense services, of the Russian Federation;
(B) an employee of any other element of the Russian
Government; or
(C) an agent or contractor of an individual
specified in subparagraph (A) or (B).
(6) United states person.--The term ``United States
person'' has the meaning given that term in section 105A(c) of
the National Security Act of 1947 (50 U.S.C. 3039).
(b) Intelligence Community Coordinator for Russian Atrocities
Accountability.--
(1) Designation.--Not later than 30 days after the date of
the enactment of this Act, the Director of National
Intelligence shall designate a senior official of the Office of
the Director of National Intelligence to serve as the
intelligence community coordinator for Russian atrocities
accountability (in this section referred to as the
``Coordinator'').
(2) Duties.--The Coordinator shall oversee the efforts of
the intelligence community relating to the following:
(A) Identifying, and (as appropriate) disseminating
within the United States Government, intelligence
relating to the identification, location, or activities
of foreign persons suspected of playing a role in
committing Russian atrocities in Ukraine.
(B) Identifying analytic and other intelligence
needs and priorities of the intelligence community with
respect to the commitment of such Russian atrocities.
(C) Addressing any gaps in intelligence collection
relating to the commitment of such Russian atrocities
and developing recommendations to address any gaps so
identified, including by recommending the modification
of the priorities of the intelligence community with
respect to intelligence collection.
(D) Collaborating with appropriate counterparts
across the intelligence community to ensure appropriate
coordination on, and integration of the analysis of,
the commitment of such Russian atrocities.
(E) Identifying intelligence and other information
that may be relevant to preserve evidence of potential
war crimes by Russia, consistent with the public
commitments of the United States to support
investigations into the conduct of Russia.
(F) Ensuring the Atrocities Early Warning Task
Force and other relevant departments and agencies of
the United States Government receive appropriate
support from the intelligence community with respect to
the collection, analysis, preservation, and, as
appropriate, dissemination, of intelligence related to
Russian atrocities in Ukraine.
(3) Plan required.--Not later than 30 days after the date
of enactment of this Act, the Director of National Intelligence
shall submit to the appropriate committees of Congress--
(A) the name of the official designated as the
Coordinator pursuant to paragraph (1); and
(B) the strategy of the intelligence community for
the collection of intelligence related to Russian
atrocities in Ukraine, including a detailed description
of how the Coordinator shall support, and assist in
facilitating the implementation of, such strategy.
(4) Annual report to congress.--
(A) Reports required.--Not later than May 1, 2023,
and annually thereafter until May 1, 2026, the Director
of National Intelligence shall submit to the
appropriate committees of Congress a report detailing,
for the year covered by the report--
(i) the analytical findings and activities
of the intelligence community with respect to
Russian atrocities in Ukraine; and
(ii) the recipients of information shared
pursuant to this section for the purpose of
ensuring accountability for such Russian
atrocities, and the date of any such sharing.
(B) Form.--Each report submitted under subparagraph
(A) may be submitted in classified form, consistent
with the protection of intelligence sources and
methods.
(C) Supplement.--The Director of National
Intelligence may supplement an existing reporting
requirement with the information required under
subparagraph (A) on an annual basis to satisfy that
requirement with prior notification of intent to do so
to the appropriate committees of Congress.
(c) Sunset.--This section shall cease to have effect on the date
that is 4 years after the date of the enactment of this Act.
SEC. 6513. LEAD INTELLIGENCE COMMUNITY COORDINATOR FOR COUNTERING AND
NEUTRALIZING PROLIFERATION OF IRAN-ORIGIN UNMANNED
AIRCRAFT SYSTEMS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services, the Committee
on Foreign Relations, and the Subcommittee on Defense
of the Committee on Appropriations of the Senate; and
(C) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Subcommittee on Defense of
the Committee on Appropriations of the House of
Representatives.
(2) Five eyes partnership.--The term ``Five Eyes
Partnership'' means the intelligence alliance comprising
Australia, Canada, New Zealand, the United Kingdom, and the
United States.
(3) Unmanned aircraft system.--The term ``unmanned aircraft
system'' includes an unmanned powered aircraft (including
communication links and the components that control the
unmanned aircraft), that--
(A) does not carry a human operator;
(B) may fly autonomously or be piloted remotely;
(C) may be expendable or recoverable; and
(D) may carry a lethal payload or explode upon
reaching a designated location.
(b) Coordinator.--
(1) Designation.--Not later than 30 days after the date of
enactment of this Act, the Director of National Intelligence
shall designate an official from an element of the intelligence
community to serve as the lead intelligence community
coordinator for countering and neutralizing the proliferation
of Iran-origin unmanned aircraft systems (in this section
referred to as the ``Coordinator'').
(2) Plan.--Not later than 120 days after the date on which
the Coordinator is designated under paragraph (1), the
Coordinator shall--
(A) develop a comprehensive plan of action, driven
by intelligence information, for countering and
neutralizing the threats posed by the proliferation of
Iran-origin unmanned aircraft systems; and
(B) provide to appropriate committees of Congress a
briefing on such plan of action.
(3) Final report.--
(A) Submission.--Not later than January 1, 2024,
the Director of National Intelligence shall submit to
the appropriate committees of Congress a final report
on the activities and findings of the Coordinator.
(B) Matters.--The report under subparagraph (A)
shall include the following:
(i) An assessment of the threats posed by
Iran-origin unmanned aircraft systems,
including the threat to facilities and
personnel of the United States Government in
the greater Middle East, particularly in the
areas of such region that are located within
the area of responsibility of the Commander of
the United States Central Command.
(ii) A detailed description of intelligence
sharing efforts, as well as other joint efforts
driven by intelligence information, with allies
and partners of the United States, to assist in
countering and neutralizing of such threats.
(iii) Recommendations for any changes in
United States policy or legislative authorities
to improve the capacity of the intelligence
community to assist in countering and
neutralizing such threats.
(C) Form.--The report under subparagraph (A) may be
submitted in classified form.
(D) Annex.--In submitting the report under
subparagraph (A) to the congressional intelligence
committees, the Director shall also include an
accompanying annex, which shall be classified, that
separately details all efforts supported exclusively by
National Intelligence Program funds.
(c) Collaboration With Five Eyes Partnership and Israel.--Taking
into account the findings of the final report under subsection (b)(3),
the Director of National Intelligence shall seek to--
(1) develop and implement a common approach among the Five
Eyes Partnership toward countering the threats posed by Iran-
origin unmanned aircraft systems, including by leveraging the
unique intelligence capabilities and information of the members
of the Five Eyes Partnership; and
(2) intensify cooperation with Israel for the purpose of
countering Iran-origin unmanned aircraft systems, including by
strengthening and expanding existing cooperative efforts
conducted pursuant to section 1278 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1702; 22 U.S.C. 8606 note).
(d) Sunset.--This section shall cease to have effect on the date on
which the final report is submitted under subsection (b)(3).
SEC. 6514. COLLABORATION BETWEEN INTELLIGENCE COMMUNITY AND DEPARTMENT
OF COMMERCE TO COUNTER FOREIGN COMMERCIAL THREATS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Commerce, Science, and
Transportation, the Committee on Armed Services, the
Committee on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(C) the Committee on Energy and Commerce, the
Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Appropriations of the
House of Representatives.
(2) Foreign commercial threat.--
(A) In general.--The term ``foreign commercial
threat'' means a rare commercial item or service that
is produced by, offered by, sold by, licensed by, or
otherwise distributed under the control of a strategic
competitor or foreign adversary in a manner that may
provide the strategic competitor or foreign adversary
leverage over an intended recipient.
(B) Determinations by working group.--In
determining whether an item or service is a foreign
commercial threat, the Working Group shall consider
whether the strategic competitor or foreign adversary
could--
(i) withhold, or threaten to withhold, the
rare commercial item or service;
(ii) create reliance on the rare commercial
item or service as essential to the safety,
health, or economic wellbeing of the intended
recipient; or
(iii) have its rare commercial item or
service easily replaced by a United States
entity or an entity of an ally or partner of
the United States.
(3) Rare commercial item or service.--The term ``rare
commercial item or service'' means a good, service, or
intellectual property that is not widely available for
distribution.
(b) Working Group.--
(1) Establishment.--Unless the Director of National
Intelligence and the Secretary of Commerce make the joint
determination specified in subsection (c), the Director and the
Secretary, in consultation with the Secretary of State, shall
jointly establish a working group to counter foreign commercial
threats (in this section referred to as the ``Working Group'').
(2) Membership.--The composition of the Working Group may
include any officer or employee of a department or agency of
the United States Government determined appropriate by the
Director or the Secretary.
(3) Duties.--The duties of the Working Group shall be the
following:
(A) To identify current foreign commercial threats.
(B) To identify probable future foreign commercial
threats.
(C) To identify goods, services, or intellectual
property that, if produced by entities within the
United States, or allies or partners of the United
States, would mitigate foreign commercial threats.
(4) Meetings.--Not later than 30 days after the date of the
enactment of this Act, and on a regular basis that is not less
frequently than quarterly thereafter until the date of
termination under paragraph (5), the Working Group shall meet.
(5) Termination.--Beginning on the date that is 2 years
after the date of the establishment under paragraph (1), the
Working Group may be terminated upon the Director of National
Intelligence and the Secretary of Commerce jointly--
(A) determining that termination of the Working
Group is appropriate; and
(B) submitting to the appropriate congressional
committees a notification of such determination
(including a description of the justification for such
determination).
(6) Reports.--
(A) Submission to congress.--Not later than 60 days
after the date of the enactment of this Act, and
biannually thereafter until the date of termination
under paragraph (5), the Working Group shall submit to
the appropriate congressional committees a report on
the activities of the Working Group.
(B) Matters.--Each report under subparagraph (A)
shall include a description of the following:
(i) Any current or future foreign
commercial threats identified by the Working
Group.
(ii) The strategy of the United States
Government, if any, to mitigate any current
foreign commercial threats or future foreign
commercial threats so identified.
(iii) The plan of the intelligence
community to provide to the Department of
Commerce and other nontraditional customers of
the intelligence community support in
addressing foreign commercial threats.
(iv) Any other significant activity of the
Working Group.
(c) Option to Discharge Obligation Through Other Means.--If the
Director of National Intelligence and the Secretary of Commerce make a
joint determination that the requirements of the Working Group under
subsection (b) (including the duties under paragraph (3) and the
reporting requirement under paragraph (6) of such subsection) may be
appropriately filled by an existing entity or structure, and submit to
the congressional intelligence committees a notification of such
determination (including a description of the justification for such
determination), the Director and Secretary may task such entity or
structure with such requirements in lieu of establishing the Working
Group.
SEC. 6515. INTELLIGENCE ASSESSMENT ON FOREIGN WEAPONIZATION OF
ADVERTISEMENT TECHNOLOGY DATA.
(a) Definitions.--In this section:
(1) Advertisement technology data.--The term
``advertisement technology data'' means commercially available
data derived from advertisement technology that is used, or can
be used, to geolocate individuals or gain other targeting
information on individuals.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
(C) the Subcommittee on Defense of the Committee on
Appropriations of the Senate;
(D) the Committee on Armed Services of the House of
Representatives; and
(E) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(b) Assessment.--The Director of National Intelligence shall
conduct an intelligence assessment of the counterintelligence risks of,
and the exposure of intelligence community and Department of Defense
personnel and activities to, tracking by foreign adversaries through
advertisement technology data.
(c) Report.--Not later than 60 days after the date of the enactment
of this Act, the Director shall submit to the appropriate committees of
Congress a report on the intelligence assessment under subsection (b).
SEC. 6516. INTELLIGENCE COMMUNITY ASSESSMENT REGARDING RUSSIAN GRAY
ZONE ASSETS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
(C) the Subcommittee on Defense of the Committee on
Appropriations of the Senate;
(D) the Committee on Armed Services of the House of
Representatives; and
(E) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(2) Gray zone activity.--The term ``gray zone activity''
has the meaning given that term in section 825 of the
Intelligence Authorization Act for Fiscal Year 2022 (Public Law
117-103).
(3) Gray zone asset.--The term ``gray zone asset''--
(A) means an entity or proxy that is controlled, in
whole or in part, by a foreign adversary of the United
States and is used by such foreign adversary in
connection with a gray zone activity; and
(B) includes a state-owned enterprise of a foreign
adversary that is so used.
(b) Intelligence Community Assessment Regarding Russian Gray Zone
Assets.--
(1) Intelligence community assessment.--The Director of
National Intelligence, acting through the National Intelligence
Council, shall produce an intelligence community assessment
that contains--
(A) a description of the gray zone assets of
Russia;
(B) an identification of any opportunities to hold
such gray zone assets at risk, as a method of
influencing the behavior of Russia; and
(C) an assessment of the risks and potential
benefits, with respect to the interests of the United
States, that may result from the seizure of such gray
zone assets to hold the assets at risk.
(2) Considerations.--In identifying opportunities to hold a
gray zone asset of Russia at risk under paragraph (1)(B), the
National Intelligence Council shall consider the following:
(A) The effect on civilians of holding the gray
zone asset at risk.
(B) The extent to which the gray zone asset is
substantially state-owned or substantially controlled
by Russia.
(C) The likelihood that holding the gray zone asset
at risk will influence the behavior of Russia.
(D) The likelihood that holding the gray asset at
risk, or degrading the asset, will affect any attempt
of Russia to use force to change existing borders or
undermine the political independence or territorial
integrity of any state, including Ukraine.
(E) Such other factors as the National Intelligence
Council may determine appropriate.
(3) Appendix.--The intelligence community assessment under
paragraph (1) shall include an appendix that contains a list of
the categories of gray zone assets of Russia, with specific
examples of--
(A) gray zone assets in each category; and
(B) for each such gray zone asset listed, the ways
in which Russia uses the asset to advance its gray zone
activities.
(4) Submission.--The Director, consistent with the
protection of sources and methods, shall submit to the
appropriate committees of Congress the intelligence community
assessment under paragraph (1).
(5) Form.--The intelligence community assessment under
paragraph (1) shall be submitted in unclassified form, but may
contain a classified annex.
Subtitle C--Reports and Other Matters
SEC. 6521. REPORT ON ASSESSING WILL TO FIGHT.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The congressional intelligence committees.
(B) The Committee on Foreign Relations, the
Committee on Armed Services, and the Subcommittee on
Defense of the Committee on Appropriations of the
Senate.
(C) The Committee on Foreign Affairs, the Committee
on Armed Services, and the Subcommittee on Defense of
the Committee on Appropriations of the House of
Representatives.
(2) Military will to fight.--The term ``military will to
fight'' means, with respect to the military of a country, the
disposition and decision to fight, act, or persevere as needed.
(3) National will to fight.--The term ``national will to
fight'' means, with respect to the government of a country, the
resolve to conduct sustained military and other operations for
an objective even when the expectation of success decreases or
the need for significant political, economic, and military
sacrifices increases.
(b) Findings.--Congress finds the following:
(1) According to a study by the RAND corporation, ``will to
fight'' is poorly analyzed and the least understood aspect of
war.
(2) In testimony before the Select Committee on
Intelligence of the Senate in May 2022, top intelligence
officials of the United States indicated that although the
intelligence community accurately anticipated Russia's invasion
of Ukraine, the intelligence community did not accurately
assess the will of Ukrainian forces to fight in opposition to a
Russian invasion or that the Ukrainian forces would succeed in
averting a rapid Russian military occupation of Kyiv.
(3) According to the RAND corporation, the intelligence
community estimated that the Afghan government's forces could
hold out against the Taliban for as long as 2 years if all
ground forces of the United States were withdrawn. This
estimate was revised in June 2021 to reflect an intelligence
community view that Afghanistan's military collapse could come
in 6 to 12 months. In August 2021, the Afghan government fell
within days after the ground forces of the United States were
withdrawn.
(4) Similarly, the rapid advance of the Islamic State in
Iraq and Syria and near-total collapse of the Iraqi Security
Forces in 2014 appeared to take the policymakers of the United
States by surprise.
(5) The apparent gaps in these analyses had important
implications for policy decisions of the United States toward
Russia and Afghanistan, and suggest a need for further
examination of how the intelligence community assesses a
foreign military's will to fight.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, acting
through the National Intelligence Council and in coordination with the
heads of the elements of the intelligence community that the Director
determines appropriate, shall submit to the appropriate congressional
committees a report examining the extent to which analyses of the
military will to fight and the national will to fight informed the all-
source analyses of the intelligence community regarding how the armed
forces and governments of Ukraine, Afghanistan, and Iraq would perform
at key junctures.
(d) Elements.--The report under subsection (c) shall include the
following:
(1) The methodology of the intelligence community for
measuring the military will to fight and the national will to
fight of a foreign country.
(2) The extent to which analysts of the intelligence
community applied such methodology when assessing the military
will to fight and the national will to fight of--
(A) Afghanistan following the April 2021
announcement of the full withdrawal of the United
States Armed Forces;
(B) Iraq in the face of the rapid emergence and
advancement in 2014 of Islamic State in Iraq and Syria;
and
(C) Ukraine and Russia during the initial phase of
the invasion and march toward Kyiv by Russia in
February 2022.
(3) The extent to which--
(A) the assessments described in paragraph (2)
depended on the observations of personnel of the United
States Armed Forces who had trained Afghan, Iraqi, and
Ukrainian armed forces; and
(B) such observations reflected any standardized,
objective methodology.
(4) Whether shortcomings in assessing the military will to
fight and the national will to fight may have affected the
capacity of the intelligence community to provide ``early
warning'' about the collapse of government forces in Iraq and
Afghanistan.
(5) The extent to which ``red teaming'' was used to test
the assessments described in paragraph (2).
(6) The extent to which dissenting opinions of intelligence
analysts were highlighted in final written products presented
to senior policymakers of the United States.
(7) The extent to which analysts and supervisors adhered to
the policies, procedures, directives, and best practices of the
intelligence community.
(8) Recommendations for analyses by the intelligence
community going forward to incorporate lessons learned and
enhance the quality of future analytical products to more
accurately reflect the military will to fight and the national
will to fight and improve the capacity of the intelligence
community to accurately predict the success or failure of the
armed forces of a foreign country.
(e) Annex.--In submitting the report under subsection (c) to the
congressional intelligence committees, the Subcommittee on Defense of
the Committee on Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives, the Director shall also include an accompanying annex,
which shall be classified, providing an inventory of the following:
(1) Collection gaps and challenges that may have affected
the analysis of the collapse of government forces in Iraq and
Afghanistan.
(2) Actions that the Director of National Intelligence has
taken to mitigate such gaps and challenges.
(f) Form.--The report under subsection (c) may be submitted in
classified form, but if so submitted, shall include an unclassified
summary of key findings, consistent with the protection of intelligence
sources and methods.
SEC. 6522. REPORT ON THREAT FROM HYPERSONIC WEAPONS.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Subcommittee on Defense of the
Committee on Appropriations of the Senate; and
(3) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress a report containing an
assessment of the threat to the United States, and to allies and
partners of the United States, from hypersonic weapons in light of the
use of such weapons by Russia in Ukraine.
(c) Elements.--The assessment under subsection (b) shall include
the following:
(1) The information learned by the United States regarding
the hypersonic weapons capabilities of Russia.
(2) Insights into the doctrine of Russia regarding the use
of hypersonic weapons.
(3) An assessment of how allies and partners of the United
States view the threat of hypersonic weapons.
(4) An assessment of the degree to which the development of
missiles with similar capabilities as hypersonic weapons used
by Russia would enhance or reduce the ability of the United
States to deter Russia from threatening the national security
of the United States.
(d) Form.--The report under subsection (b) may be submitted in
classified form.
SEC. 6523. REPORT ON ORDNANCE OF RUSSIA AND CHINA.
(a) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Defense Intelligence Agency
shall submit to the congressional intelligence committees and the
congressional defense committees a report on ordnance of Russia and
China, including the technical specificity required for the safe
handling and disposal of such ordnance.
(b) Coordination.--The Director shall carry out subsection (a) in
coordination with the head of any element of the Defense Intelligence
Enterprise that the Director determines appropriate.
(c) Definitions.--In this section:
(1) Congressional defense committees.--The term
``congressional defense committees'' has the meaning given that
term in section 101(a) of title 10, United States Code.
(2) Defense intelligence enterprise.--The term ``Defense
Intelligence Enterprise'' has the meaning given that term in
section 426(b) of title 10, United States Code.
SEC. 6524. REPORT ON ACTIVITIES OF CHINA AND RUSSIA TARGETING LATIN
AMERICA AND THE CARIBBEAN.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations, the
Committee on Armed Services, and the Subcommittee on
Defense of the Committee on Appropriations of the
Senate; and
(C) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Subcommittee on Defense of
the Committee on Appropriations of the House of
Representatives.
(2) Foreign malign influence.--The term ``foreign malign
influence'' means any hostile effort undertaken by, at the
direction of, or on behalf of or with the substantial support
of, the government of a foreign country with the objective of
influencing, through overt or covert means--
(A) the political, military, economic, or other
policies or activities of the government of the country
that is the target of the hostile effort, including any
election within such target country; or
(B) the public opinion within such target country.
(3) Latin america and the caribbean.--The term ``Latin
America and the Caribbean'' means the countries and non-United
States territories of South America, Central America, the
Caribbean, and Mexico.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, acting
through the National Intelligence Council and in coordination with the
Secretary of State, shall submit to the appropriate committees of
Congress a report on activities undertaken by China and Russia in Latin
America and the Caribbean that are intended to increase the influence
of China and Russia, respectively, therein. Such report shall include a
description of the following:
(1) Foreign malign influence campaigns by China and Russia
targeting Latin America and the Caribbean.
(2) Financial investments intended to increase Chinese or
Russian influence in Latin America and the Caribbean.
(3) Efforts by China and Russia to expand diplomatic,
military, or other ties to Latin America and the Caribbean.
(4) Any other activities determined appropriate by the
Director.
(c) Matters.--With respect to the description of foreign malign
influence campaigns under subsection (b), the report shall include an
assessment of the following:
(1) The objectives of any such campaign.
(2) The themes and messaging used in any such campaign.
(3) The scale and nature of the threat posed by any such
campaign.
(4) The effect of such threat on the national security,
diplomatic, military, or economic interests of the United
States.
(d) Form.--The report under subsection (b) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 6525. REPORT ON SUPPORT PROVIDED BY CHINA TO RUSSIA.
(a) Definition of Appropriate Congressional Committees.--In this
section, the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Armed
Services, and the Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Armed Services, the
Committee on Ways and Means, and the Subcommittee on Defense of
the Committee on Appropriations of the House of
Representatives.
(b) Requirement.--Not later than 90 days after the date of the
enactment of this Act, and every 180 days thereafter, consistent with
the protection of intelligence sources and methods, the Director of
National Intelligence, in consultation with the heads of elements of
the intelligence community that the Director determines appropriate,
shall submit to the appropriate congressional committees a report on
whether and how China, including with respect to the Government of the
People's Republic of China, the Chinese Communist Party, any Chinese
state-owned enterprise, and any other Chinese entity, has provided
support to Russia with respect to the unprovoked invasion of and full-
scale war by Russia against Ukraine.
(c) Matters Included.--The report under subsection (b) shall
include a discussion of support provided by China to Russia with
respect to--
(1) helping the Government of Russia or Russian entities
evade or circumvent sanctions by the United States or
multilateral sanctions and export controls;
(2) deliberately inhibiting onsite United States Government
export control end-use checks, including interviews and
investigations, in China;
(3) providing Russia with any technology, including
semiconductors classified as EAR99, that supports Russian
intelligence or military capabilities;
(4) establishing economic or financial arrangements that
will have the effect of alleviating the effect of sanctions by
the United States or multilateral sanctions; and
(5) providing any material, technical, or logistical
support, including to Russian military or intelligence agencies
and state-owned or state-linked enterprises.
(d) Form.--The report under subsection (c) shall be submitted in
unclassified form, but may contain a classified annex.
(e) Sunset.--The requirement to submit the report under subsection
(b) shall terminate on the earlier of--
(1) the date on which the Director of National Intelligence
determines the conflict in Ukraine has ended; or
(2) the date that is 2 years after the date of the
enactment of this Act.
SEC. 6526. REPORT ON GLOBAL CCP FINANCING OF PORT INFRASTRUCTURE.
(a) Definition of Appropriate Congressional Committees.--In this
section, the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Subcommittee on Defense of the
Committee on Appropriations of the Senate; and
(3) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
(b) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the Secretary of State and the Secretary of Defense,
shall submit to the appropriate congressional committees a report
documenting all Chinese financing of port infrastructure globally,
during the period beginning on January 1, 2012, and ending on the date
of the submission of the report, and the commercial and economic
implications of such investments. The report shall also include the
following:
(1) A review of existing and potential or planned future
Chinese financing, including financing by government entities,
and state-owned enterprises, in port infrastructure at such
ports.
(2) Any known Chinese interest in establishing a military
or intelligence presence at or near such ports.
(3) An assessment of China's current and potential future
ability to leverage commercial ports for military or
intelligence collection purposes and the implications of such
ability for the national security of the United States and
allies and partners of the United States.
(4) A description of activities undertaken by the United
States and allies and partners of the United States to help
identify and provide alternatives to Chinese investments in
port infrastructure.
(c) Form.--The report required by subsection (b) shall be submitted
in unclassified form but may include a classified annex produced
consistent with the protection of sources and methods.
SEC. 6527. SENSE OF CONGRESS ON PROVISION OF SUPPORT BY INTELLIGENCE
COMMUNITY FOR ATROCITY PREVENTION AND ACCOUNTABILITY.
(a) Definitions.--In this section:
(1) Atrocities.--The term ``atrocities'' has the meaning
given that term in section 6 of the Elie Wiesel Genocide and
Atrocities Prevention Act of 2018 (Public Law 115-441; 132
Stat. 5586).
(2) Atrocity crime scene.--The term ``atrocity crime
scene'' means 1 or more locations that are relevant to the
investigation of an atrocity, including buildings or locations
(including bodies of water) where physical evidence may be
collected relating to the perpetrators, victims, and events of
the atrocity, such as mass graves and other sites containing
deceased individuals.
(b) Sense of Congress.--It is the sense of Congress that the
efforts of the United States Government regarding atrocity prevention
and response through interagency coordination, such as the Atrocity
Warning Task Force, are critically important and that the Director of
National Intelligence and the Secretary of Defense should, as
appropriate and in compliance with the American Servicemembers'
Protection Act of 2002 (22 U.S.C. 7421 et seq.), do the following:
(1) Require each element of the intelligence community to
support the Atrocity Warning Task Force in its mission to
prevent genocide and atrocities through policy formulation and
program development by--
(A) collecting and analyzing intelligence
identified as an atrocity, as defined in the Elie
Wiesel Genocide and Atrocities Prevention Act of 2018
(Public Law 115-441; 132 Stat. 5586);
(B) preparing unclassified intelligence data and
geospatial imagery products for coordination with
appropriate domestic, foreign, and international courts
and tribunals prosecuting persons responsible for
crimes for which such imagery and intelligence may
provide evidence (including genocide, crimes against
humanity, and war crimes, including with respect to
missing persons and suspected atrocity crime scenes);
and
(C) reassessing archived geospatial imagery
containing indicators of war crimes, other atrocities,
forced disappearances, and atrocity crime scenes.
(2) Continue to make available inputs to the Atrocity
Warning Task Force for the development of the Department of
State Atrocity Early Warning Assessment and share open-source
data to support pre-atrocity and genocide indicators and
warnings to the Atrocity Warning Task Force.
(3) Provide the President and Congress with recommendations
to improve policies, programs, resources, and tools relating to
atrocity intelligence collection and interagency coordination.
(4) Regularly consult and participate with designated
interagency representatives of relevant agencies and
departments of the United States Government.
(5) Ensure resources are made available for the policies,
programs, and tools relating to atrocity intelligence
collection and coordination with the Atrocity Warning Task
Force.
TITLE LXVI--INTELLIGENCE COMMUNITY WORKFORCE MATTERS
SEC. 6601. IMPROVING ONBOARDING OF PERSONNEL IN INTELLIGENCE COMMUNITY.
(a) Definition of Onboard Period.--In this section, the term
``onboard period'' means the period beginning on the date on which an
individual submits an application for employment and ending on--
(1) the date on which the individual is offered one or more
entrance on duty dates; or
(2) the date on which the individual enters on duty.
(b) Policy Guidance.--The Director of National Intelligence shall
establish policy guidance appropriate for all elements of the
intelligence community that can be used to measure, consistently and
reliably, the onboard period.
(c) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director shall submit to the
congressional intelligence committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a report on the
time it takes to onboard personnel in the intelligence
community.
(2) Elements.--The report submitted under paragraph (1)
shall cover the mean and median time it takes to onboard
personnel in the intelligence community, disaggregated by mode
of onboarding and element of the intelligence community.
(d) Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director, in coordination with
the heads of the elements of the intelligence community, shall
submit to the congressional intelligence committees, the
Committee on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a plan to reduce
the onboard period for personnel in the intelligence community,
for elements of the intelligence community that currently have
median onboarding times that exceed 180 days.
(2) Elements.--The plan submitted under paragraph (1) shall
include milestones to achieve certain specific goals with
respect to the mean, median, and mode time it takes to onboard
personnel in the elements of the intelligence community
described in such paragraph, disaggregated by element of the
intelligence community.
(e) Implementation.--The heads of the elements of the intelligence
community, including the Director of the Central Intelligence Agency,
shall implement the plan submitted under subsection (d) and take all
such actions each head considers appropriate and necessary to ensure
that by December 31, 2023, the median duration of the onboard period
for new employees at each element of the intelligence community is
equal to less than 180 days.
SEC. 6602. REPORT ON LEGISLATIVE ACTION REQUIRED TO IMPLEMENT TRUSTED
WORKFORCE 2.0 INITIATIVE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Deputy Director for Management of the Office
of Management and Budget shall, in the Deputy Director's capacity as
the Chair of the Security, Suitability, and Credentialing Performance
Accountability Council pursuant to section 2.4 of Executive Order 13467
(50 U.S.C. 3161 note; relating to reforming processes related to
suitability for Government employment, fitness for contractor
employees, and eligibility for access to classified national security
information), submit to Congress a report on the legislative action
required to implement the Trusted Workforce 2.0 initiative.
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) Specification of the statutes that require amendment in
order to implement the initiative described in subsection (a).
(2) For each statute specified under paragraph (1), an
indication of the priority for enactment of an amendment.
(3) For each statute specified under paragraph (1), a
description of the consequences if the statute is not amended.
SEC. 6603. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY ASSESSMENT
OF ADMINISTRATION OF POLYGRAPHS IN INTELLIGENCE
COMMUNITY.
(a) Assessment Required.--The Inspector General of the Intelligence
Community shall conduct an assessment of the administration of
polygraph evaluations that are needed in the intelligence community to
meet current annual personnel hiring requirements.
(b) Elements.--The assessment completed under subsection (a) shall
include the following:
(1) Identification of the number of polygraphers currently
available at each element of the intelligence community to meet
the requirements described in subsection (a).
(2) If the demand described in subsection (a) cannot be
met, an identification of the number of polygraphers that would
need to be hired and certified to meet it.
(3) A review of the effectiveness of alternatives to the
polygraph, including methods being researched by the National
Center for Credibility Assessment.
(c) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community shall brief the congressional intelligence committees, the
Committee on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives on the preliminary
findings of the Inspector General with respect to the assessment
conducted pursuant to subsection (a).
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community shall submit to the committees described in subsection (c) a
report on the findings of the Inspector General with respect to the
assessment conducted pursuant to subsection (a).
SEC. 6604. TIMELINESS IN THE ADMINISTRATION OF POLYGRAPHS.
(a) Standards Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall, in the Director's capacity as the Security
Executive Agent pursuant to section 803(a) of the National
Security Act of 1947 (50 U.S.C. 3162a(a)), issue standards for
timeliness for Federal agencies to administer polygraphs
conducted for the purpose of--
(A) adjudicating decisions regarding eligibility
for access to classified information (as defined in the
procedures established pursuant to section 801(a) of
the National Security Act of 1947 (50 U.S.C. 3161(a)));
and
(B) granting reciprocity pursuant to Security
Executive Agent Directive 2, or successor directive.
(2) Publication.--The Director shall publish the standards
issued under paragraph (1) in the Federal Register or such
other venue as the Director considers appropriate.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to Congress a report
on how Federal agencies will comply with the standards issued under
subsection (a). Such plan shall specify the resources required by
Federal agencies to comply with such standards and the timeline for
doing so.
SEC. 6605. POLICY ON SUBMITTAL OF APPLICATIONS FOR ACCESS TO CLASSIFIED
INFORMATION FOR CERTAIN PERSONNEL.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence shall, in the Director's
capacity as the Security Executive Agent pursuant to section 803(a) of
the National Security Act of 1947 (50 U.S.C. 3162a(a)), issue a policy
that allows a private person to submit a certain number or proportion
of applications, on a nonreimbursable basis, for employee access to
classified information for personnel who perform key management and
oversight functions who may not merit an application due to their work
under any one contract.
SEC. 6606. TECHNICAL CORRECTION REGARDING FEDERAL POLICY ON SHARING OF
COVERED INSIDER THREAT INFORMATION.
Section 806(b) of the Intelligence Authorization Act for Fiscal
Year 2022 (Public Law 117-103) is amended by striking ``contracting
agency'' and inserting ``contractor that employs the contractor
employee''.
SEC. 6607. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY REPORT ON
USE OF SPACE CERTIFIED AS SENSITIVE COMPARTMENTED
INFORMATION FACILITIES.
Not later than 180 days after the date of the enactment of this
Act, the Inspector General of the Intelligence Community shall submit
to the congressional intelligence committees a report on the
utilization of space owned or sponsored by an element of the
intelligence community, located in the continental United States, that
is certified as a sensitive compartmented information facility under
intelligence community or Department of Defense policy.
SEC. 6608. IMPROVING PROHIBITION OF CERTAIN PERSONNEL PRACTICES IN
INTELLIGENCE COMMUNITY WITH RESPECT TO CONTRACTOR
EMPLOYEES.
Section 1104(c)(1)(A) of the National Security Act of 1947 (50
U.S.C. 3234(c)(1)(A)) is amended--
(1) by striking ``a supervisor of the contracting agency''
and inserting ``a supervisor of the employing or contracting
agency or employing contractor'';
(2) by striking ``contracting agency (or an employee
designated by the head of that agency for such purpose)'' and
inserting ``employing or contracting agency (or an employee
designated by the head of that agency for that purpose) or
employing contractor''; and
(3) by striking ``appropriate inspector general of the
contracting agency'' and inserting ``appropriate inspector
general of the employing or contracting agency''.
SEC. 6609. DEFINITIONS REGARDING WHISTLEBLOWER COMPLAINTS AND
INFORMATION OF URGENT CONCERN RECEIVED BY INSPECTORS
GENERAL OF THE INTELLIGENCE COMMUNITY.
(a) National Security Act of 1947.--Section 103H(k)(5)(G)(i)(I) of
the National Security Act of 1947 (50 U.S.C. 3033(k)(5)(G)(i)(I)) is
amended by striking ``within the'' and all that follows through
``policy matters.'' and inserting the following: ``of the Federal
Government that is--
``(aa) a matter of national
security; and
``(bb) not a difference of
opinion concerning public
policy matters.''.
(b) Inspector General Act of 1978.--Section 8H(h)(1)(A)(i) of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking
``involving'' and all that follows through ``policy matters.'' and
inserting the following: ``of the Federal Government that is--
``(I) a matter of national
security; and
``(II) not a difference of opinion
concerning public policy matters.''.
(c) Central Intelligence Agency Act of 1949.--Section
17(d)(5)(G)(i)(I)(aa) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(d)(5)(G)(i)(I)(aa)) is amended by striking
``involving'' and all that follows through ``policy matters.'' and
inserting the following: ``of the Federal Government that is--
``(AA) a matter of
national security; and
``(BB) not a
difference of opinion
concerning public
policy matters.''.
TITLE LXVII--MATTERS RELATING TO EMERGING TECHNOLOGIES
Subtitle A--General Matters
SEC. 6701. DEFINITIONS.
In this title:
(1) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given that term in section 5002
of the National Artificial Intelligence Initiative Act of 2020
(15 U.S.C. 9401).
(2) Authorization to operate.--The term ``authorization to
operate'' has the meaning given that term in Circular Number A-
130 of the Office of Management and Budget, ``Managing
Information as a Strategic Resource'', or any successor
document.
(3) Code-free artificial intelligence enablement tools.--
The term ``code-free artificial intelligence enablement tools''
means software that provides an environment in which visual
drag-and-drop applications, or similar tools, allow one or more
individuals to program applications without linear coding.
(4) Commercial product.--The term ``commercial product''
has the meaning given that term in section 103 of title 41,
United States Code.
(5) Commercial service.--The term ``commercial service''
has the meaning given that term in section 103a of title 41,
United States Code.
(6) Covered item or service.--The term ``covered item or
service'' means a product, system, or service that is not a
commercially available off-the-shelf item, a commercial
service, or a nondevelopmental item, as those terms are defined
in title 41, United States Code.
(7) Covered product.--The term ``covered product'' means a
commercial software product that involves emerging technologies
or artificial intelligence.
(8) Emerging technology.--The term ``emerging technology''
means--
(A) technology that is in a developmental stage or
that may be developed during the 10-year period
beginning on January 1, 2022; or
(B) any technology included in the Critical and
Emerging Technologies List published by the White House
in February 2022, or any successor document.
SEC. 6702. ADDITIONAL RESPONSIBILITIES OF DIRECTOR OF NATIONAL
INTELLIGENCE FOR ARTIFICIAL INTELLIGENCE POLICIES,
STANDARDS, AND GUIDANCE FOR THE INTELLIGENCE COMMUNITY.
(a) Responsibilities of Director of National Intelligence.--The
Director of National Intelligence, in consultation with the heads of
the elements of the intelligence community or the officials designated
under subsection (b), shall--
(1) establish, and periodically conduct reviews of,
policies, standards, and procedures relating to the
acquisition, adoption, development, use, coordination, and
maintenance of artificial intelligence capabilities and
associated data, frameworks, computing environments, and other
enablers by the intelligence community (including by
incorporating and updating such policies based on emerging
technology capabilities), to accelerate and increase the
adoption of artificial intelligence capabilities within the
intelligence community;
(2) ensure policies established or updated pursuant to
paragraph (1) are consistent with--
(A) the principles outlined in the guidance of the
Office of the Director of National Intelligence titled
``Principles of Artificial Intelligence Ethics for the
Intelligence Community and its Artificial Intelligence
Ethics Framework for the Intelligence Community'', or
any successor guidance; and
(B) any other principles developed by the Director
relating to the governance, documentation,
auditability, or evaluation of artificial intelligence
systems or the accurate, secure, ethical, and reliable
adoption or use of artificial intelligence; and
(3) provide to the heads of the elements of the
intelligence community guidance for developing the National
Intelligence Program budget pertaining to such elements to
facilitate the acquisition, adoption, development, use, and
maintenance of element-specific artificial intelligence
capabilities, and to ensure the associated data, frameworks,
computing environments, and other enablers are appropriately
prioritized.
(b) Designated Leads Within Each Element of the Intelligence
Community.--Each head of an element of the intelligence community, in
coordination with the Director of National Intelligence, shall identify
a senior official within the element to serve as the designated element
lead responsible for overseeing and coordinating efforts relating to
artificial intelligence, including through the integration of the
acquisition, technology, human capital, and financial management
aspects necessary for the adoption of artificial intelligence
solutions. Such designated element leads shall meet regularly to
consult and coordinate with the Director of National Intelligence
regarding the implementation of this section and this title.
SEC. 6703. DIRECTOR OF SCIENCE AND TECHNOLOGY.
(a) Emerging Technology Adoption.--The Director of Science and
Technology may--
(1) conduct reviews of the policies, standards, and
procedures of the intelligence community that relate to
emerging technologies and, as appropriate, recommend to the
Director of National Intelligence changes to such policies,
standards, and procedures, to accelerate and increase the
adoption of emerging technologies by the intelligence
community;
(2) make recommendations, in coordination with the heads of
the elements of the intelligence community, to the Director of
National Intelligence with respect to the budgets of such
elements, to accelerate and increase the adoption of emerging
technologies by such elements; and
(3) coordinate with the Under Secretary of Defense for
Research and Engineering on initiatives, policies, and programs
carried out jointly between the intelligence community and the
Department of Defense to accelerate and increase the adoption
of emerging technologies.
(b) Appointment Criteria.--Section 103E(b) of the National Security
Act of 1947 (50 U.S.C. 3030(b)) is amended by adding at the end the
following: ``In making such appointment, the Director of National
Intelligence may give preference to an individual with experience
outside of the United States Government.''.
SEC. 6704. INTELLIGENCE COMMUNITY CHIEF DATA OFFICER.
Title I of the National Security Act of 1947 (50 U.S.C. 3021 et
seq.) is amended by inserting after section 103J the following new
section (and conforming the table of contents at the beginning of such
Act accordingly):
``SEC. 103K. INTELLIGENCE COMMUNITY CHIEF DATA OFFICER.
``(a) Intelligence Community Chief Data Officer.--There is an
Intelligence Community Chief Data Officer within the Office of the
Director of National Intelligence who shall be appointed by the
Director of National Intelligence.
``(b) Requirement Relating to Appointment.--An individual appointed
as the Intelligence Community Chief Data Officer shall have a
professional background and experience appropriate for the duties of
the Intelligence Community Chief Data Officer. In making such
appointment, the Director of National Intelligence may give preference
to an individual with experience outside of the United States
Government.
``(c) Duties.--The Intelligence Community Chief Data Officer
shall--
``(1) act as the chief representative of the Director of
National Intelligence for data issues within the intelligence
community;
``(2) coordinate, to the extent practicable and advisable,
with the Chief Data Officer of the Department of Defense to
ensure consistent data policies, standards, and procedures
between the intelligence community and the Department of
Defense;
``(3) assist the Director of National Intelligence
regarding data elements of the budget of the Office of the
Director of National Intelligence; and
``(4) perform other such duties as may be prescribed by the
Director of National Intelligence or specified in law.''.
Subtitle B--Improvements Relating to Procurement
SEC. 6711. ADDITIONAL TRANSACTION AUTHORITY.
(a) Annual Reports; Feasibility and Advisability Study.--
(1) Reports.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for 5 years, the
Director of National Intelligence shall submit to the
congressional intelligence committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a report on the
use of the authority under paragraph (5) of section 102A(n) of
the National Security Act of 1947 (50 U.S.C. 3024(n)), as added
by subsection (b).
(2) Feasibility and advisability study.--
(A) Study.--The Director of National Intelligence
shall conduct a feasibility and advisability study on
whether to provide to the heads of the elements of the
intelligence community an additional transaction
authority that is not restricted only to basic,
applied, and advanced research projects and prototype
projects (similar to such less restrictive additional
transaction authorities of the Transportation Security
Administration and the National Aeronautics and Space
Administration).
(B) Submission.--Not later than 1 year after the
date of the enactment of this Act, the Director shall
submit to the congressional intelligence committees,
the Committee on Appropriations of the Senate, and the
Committee on Appropriations of the House of
Representatives the findings of the study conducted
under subparagraph (A), including, if the Director
determines a less restrictive additional transaction
authority is advisable pursuant to such study, an
identification of any legislative solutions or other
actions necessary to implement such authority.
(b) Additional Transaction Authority.--Section 102A(n) of the
National Security Act of 1947 (50 U.S.C. 3024(n)) is amended by adding
at the end the following:
``(5) Other Transaction Authority.--
``(A) In general.--In addition to other acquisition
authorities, the Director of National Intelligence may exercise
the acquisition authorities referred to in sections 4021 and
4022 of title 10, United States Code, subject to the provisions
of this paragraph.
``(B) Delegation.--(i) The Director shall delegate the
authorities provided by subparagraph (A) to the heads of
elements of the intelligence community.
``(ii) The heads of elements of the intelligence community
shall, to the maximum extent practicable, delegate the
authority delegated under clause (i) to the official of the
respective element of the intelligence community responsible
for decisions with respect to basic, applied, or advanced
research activities or the adoption of such activities within
such element.
``(C) Intelligence community authority.--(i) For purposes
of this paragraph, the limitation in section 4022(a)(1) of
title 10, United States Code, shall not apply to elements of
the intelligence community.
``(ii) Subject to section 4022(a)(2) of such title, the
Director may enter into transactions and agreements (other than
contracts, cooperative agreements, and grants) of amounts not
to exceed $75,000,000 under this paragraph to carry out basic,
applied, and advanced research projects and prototype projects
in support of intelligence activities.
``(iii) For purposes of this paragraph, the limitations
specified in section 4022(a)(2) of such title shall apply to
the intelligence community in lieu of the Department of
Defense, and the Director shall--
``(I) identify appropriate officials who can make
the determinations required in subparagraph (B)(i) of
such section for the intelligence community; and
``(II) brief the congressional intelligence
committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives in lieu
of the congressional defense committees, as specified
in subparagraph (B)(ii) of such section.
``(iv) For purposes of this paragraph, the limitation in
section 4022(a)(3) of such title shall not apply to elements of
the intelligence community.
``(v) In carrying out this paragraph, section 4022(d)(1) of
such title shall be applied by substituting `Director of
National Intelligence' for `Secretary of Defense'.
``(vi) For purposes of this paragraph, the limitations in
section 4022(d)(2) of such title shall not apply to elements of
the intelligence community.
``(vii) In addition to the follow-on production contract
criteria in section 4022(f)(2) of such title, the following
additional criteria shall apply:
``(I) The authorizing official of the relevant
element of the intelligence community determines that
Government users of the proposed production product or
production service have been consulted.
``(II) In the case of a proposed production product
that is software, there are mechanisms in place for
Government users to provide ongoing feedback to
participants to the follow-on production contract.
``(III) In the case of a proposed production
product that is software, there are mechanisms in place
to promote the interoperability and accessibility with
and between Government and commercial software
providers, including by the promotion of open
application programming interfaces and requirement of
appropriate software documentation.
``(IV) The award follows a documented market
analysis as mandated by the Federal Acquisition
Regulations surveying available and comparable
products.
``(V) In the case of a proposed production product
that is software, the follow-on production contract
includes a requirement that, for the duration of such
contract (or such other period of time as may be agreed
to as a term of such contract)--
``(aa) the participants provide the most
up-to-date version of the product that is
available in the commercial marketplace and is
consistent with security requirements;
``(bb) there are mechanisms in place for
the participants to provide timely updates to
the production product; and
``(cc) the authority specified in section
4022(f)(5) of such title shall be exercised by
the Director in lieu of the Secretary of
Defense.
``(D) Implementation policy.--The Director, in consultation
with the heads of the elements of the intelligence community,
shall--
``(i) not later than 180 days after the date of the
enactment of the Intelligence Authorization Act for
Fiscal Year 2023, establish and implement an
intelligence community-wide policy prescribing the use
and limitations of the authority under this paragraph,
particularly with respect to the application of
subparagraphs (B) and (C);
``(ii) periodically review and update the policy
established under clause (i); and
``(iii) submit to the congressional intelligence
committees, the Committee on Appropriations of the
Senate, and the Committee on Appropriations of the
House of Representatives the policy when established
under clause (i) or updated under clause (ii).
``(E) Annual report.--
``(i) In general.--Not less frequently than
annually, the Director shall submit to the
congressional intelligence committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a report
detailing the use by the intelligence community of the
authority provided by this paragraph.
``(ii) Elements.--
``(I) Required elements.--Each report
required by clause (i) shall detail the
following:
``(aa) The number of transactions.
``(bb) The participants to such
transactions.
``(cc) The purpose of the
transaction.
``(dd) The amount of each
transaction.
``(ee) Concerns with the efficiency
of the policy.
``(ff) Any recommendations for how
to improve the process.
``(II) Other elements.--Each report
required by clause (i) may describe such
transactions which have been awarded follow-on
production contracts either pursuant to the
authority provided by this paragraph or another
acquisition authority available to the
intelligence community.''.
SEC. 6712. IMPLEMENTATION PLAN AND ADVISABILITY STUDY FOR OFFICES OF
COMMERCIAL INTEGRATION.
(a) Plan and Study.--
(1) Submission.--Not later than 1 year after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with the heads of the elements of
the intelligence community, shall submit to the congressional
intelligence committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives--
(A) a plan for the establishment of a centralized
office or offices within each appropriate element of
the intelligence community, to be known as the ``Office
of Commercial Integration'', for the purpose of--
(i) assisting persons desiring to submit an
offer for a contract with the intelligence
community; and
(ii) assisting with the procurement of
commercial products and commercial services;
and
(B) the findings of a study conducted by the
Director into the advisability of implementing such
plan, including an assessment of--
(i) whether there should be a single Office
of Commercial Integration for the intelligence
community or whether each element of the
intelligence community shall establish such an
Office;
(ii) the costs and benefits of the
implementation of such plan; and
(iii) whether there is within any element
of the intelligence community an existing
office or program similar to the proposed
Office of Commercial Integration.
(2) Elements.--The materials submitted under paragraph (1)
shall include the following:
(A) A recommendation by the Director, based on the
findings of the study under paragraph (1)(B), on--
(i) how the plan under paragraph (1)(A)
compares to specific alternative actions of the
intelligence community that could be taken to
assist persons desiring to submit an offer for
a contract with the intelligence community and
assist with the procurement of commercial
products and commercial services; and
(ii) whether to implement such plan.
(B) A proposal for the designation of a senior
official of the Office of the Director of National
Intelligence who would be responsible for the
coordination across the intelligence community or
across the Offices of Commercial Integration, depending
on the findings of the study under paragraph (1)(B).
(C) Draft guidelines that would require the
coordination and sharing of best practices and other
information across the intelligence community.
(D) A timeline of the steps that would be necessary
to establish each Office of Commercial Integration by
the date that is not later than 2 years after the date
of the enactment of this Act.
(E) An assessment of the personnel requirements,
and any other resource requirements, that would be
necessary to establish the Office or Offices of
Commercial Integration by such date, including--
(i) the amount of personnel necessary for
the establishment of the Office or Offices of
Commercial Integration; and
(ii) the necessary qualifications of any
such personnel.
(F) Policies regarding the types of assistance
that, if an Office or Offices of Commercial Integration
were to be established, could be provided to
contractors by the Director of such Office, taking into
account the role of such assistance as an incentive for
emerging technology companies to enter into contracts
with the heads of the elements of the intelligence
community.
(G) Eligibility criteria for determining the types
of offerors or contractors that would be eligible to
receive assistance provided by each Office of
Commercial Integration.
(H) Policies regarding outreach efforts that would
be required to be conducted by the Office or Offices of
Commercial Integration with respect to eligible
contractors.
(I) Policies regarding how the intelligence
community would coordinate with the Director of the
Federal Bureau of Investigation to provide proactive
counterintelligence risk analysis and assistance to
entities in the private sector.
(J) Draft guidelines that would require the Office
or Offices of Commercial Integration to appoint and
assign personnel with expertise in a range of
disciplines necessary for the accelerated integration
of commercial technologies into the intelligence
community (as determined by the Office or Offices of
Commercial Integration), including expertise in the
following:
(i) Authorizations to operate.
(ii) Contracting.
(iii) Facility clearances.
(iv) Security clearances.
(K) Such other intelligence community-wide policies
as the Director of National Intelligence may prescribe
relating to the improvement of commercial integration
(and the coordination of such improvements) by and
among the elements of the intelligence community.
(b) Public Website on Commercial Integration.--
(1) Establishment.--Not later than 1 year after the date of
the date of enactment of this Act, the Director of National
Intelligence, in coordination with the head of the relevant
elements of the intelligence community (as determined by the
Director) and the designated element leads under section
6702(b), shall establish a publicly accessible website that
includes relevant information necessary for offerors or
contractors to conduct business with each element of the
intelligence community.
(2) Inclusion of certain information.--If there is
established an Office or Offices of Commercial Integration in
accordance with subsection (a), the website under paragraph (1)
shall include--
(A) information, as appropriate, on the elements
under subsection (a)(2) relating to that Office; and
(B) contact information for the relevant senior
officers of the Office or Offices.
SEC. 6713. PILOT PROGRAM ON DESIGNATED EMERGING TECHNOLOGY TRANSITION
PROJECTS.
(a) Pilot Program.--The Director of National Intelligence shall
carry out a pilot program to more effectively transition promising
prototypes or products in a developmental stage to a production stage,
through designating eligible projects as ``Emerging Technology
Transition Projects''.
(b) Designation.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall issue guidelines to implement the pilot
program under subsection (a).
(2) Requirements.--The guidelines issued pursuant to
paragraph (1) shall include the following requirements:
(A) Each head of an element of the intelligence
community shall submit to the Director of National
Intelligence a prioritized list of not more than 10
eligible projects per year to be considered for
designation by the Director of National Intelligence as
Emerging Technology Transition Projects during the
budget formulation process.
(B) The Director of National Intelligence shall
designate not more than 10 eligible projects per year
as Emerging Technology Transition Projects.
(C) No eligible project may be designated by the
Director of National Intelligence as an Emerging
Technology Transition Project unless the head of an
element of the intelligence community includes the
project in the prioritized list under subparagraph (A)
and submits to the Director of National Intelligence,
with respect to the project, each of the following:
(i) A justification of why the product was
nominated for transition, including a
description of the importance of the proposed
product to the mission of the intelligence
community and the nominating agency.
(ii) A certification that the project
provides new technologies or processes, or new
applications of existing technologies, that
shall enable more effective alternatives to
existing programs, systems, or initiatives of
the intelligence community.
(iii) A certification that the project
provides future cost savings, significantly
reduces the time to deliver capabilities to the
intelligence community, or significantly
improves a capability of the intelligence
community.
(iv) A certification that funding is not
proposed for the project in the budget request
of the respective covered element for the
fiscal year following the fiscal year in which
the project is submitted for consideration.
(v) A certification in writing by the
nominating head that the project meets all
applicable criteria and requirements of the
respective covered element for transition to
production and that the nominating head would
fund the project if additional funds were made
available for such purpose.
(vi) A description of the means by which
the proposed production product shall be
incorporated into the activities and long-term
budget of the respective covered element
following such transition.
(vii) A description of steps taken to
ensure that the use of the product shall
reflect commercial best practices, as
applicable.
(D) A clear description of the selection of
eligible projects, including specific criteria, that
shall include, at a minimum, the requirements specified
in subparagraph (C).
(E) The designation of an official responsible for
implementing this section and coordinating with the
heads of the elements of the intelligence community
with respect to the guidelines issued pursuant to
paragraph (1) and overseeing the awards of funds to
Emerging Technology Transition Projects with respect to
that element.
(3) Revocation of designation.--The designation of an
Emerging Technology Transition Project under subsection (b) may
be revoked at any time by--
(A) the Director of National Intelligence; or
(B) the relevant head of a covered element of the
intelligence community that previously submitted a
project under subsection (b), in consultation with the
Director of National Intelligence.
(c) Benefits of Designation.--
(1) Inclusion in multiyear national intelligence program
plan.--The Director of National Intelligence shall include in
the relevant multiyear national intelligence program plan
submitted to Congress under section 1403 of the National
Defense Authorization Act for Fiscal Year 1991 (50 U.S.C. 3301)
the planned expenditures, if any, of each designated project
during the period of its designation.
(2) Inclusion under separate exhibit.--The heads of
elements of the intelligence community shall ensure that each
designated project is included in a separate budget exhibit in
the relevant multiyear national intelligence program plan
submitted to Congress under such section 1403 of the National
Defense Authorization Act for Fiscal Year 1991 (50 U.S.C. 3301)
for the period of the designation of such project.
(3) Consideration in programming and budgeting.--Each
designated project shall be taken into consideration by the
nominating head in the programming and budgeting phases of the
intelligence planning, programming, budgeting, and evaluation
process during the period of its designation.
(d) Reports to Congress.--
(1) Annual reports.--On an annual basis for each fiscal
year during which the pilot program under subsection (a) is
carried out, concurrently with the submission of the budget of
the President for that fiscal year under section 1105(a) of
title 31, United States Code, the Director of National
Intelligence shall submit to the congressional intelligence
committees and the Committees on Appropriations of the House of
Representatives and the Senate a report that includes the
following:
(A) A description of each designated project.
(B) A summary of the potential of each designated
project, as specified in subsection (b)(2)(C).
(C) For each designated project, a description of
the progress made toward delivering on such potential.
(D) A description of any funding proposed for the
designated project in the future-years intelligence
program, including by program, appropriation account,
expenditure center, and project.
(E) Such other information on the status of such
pilot program as the Director considers appropriate.
(2) Final report.--In the final report submitted under
paragraph (1) prior to the date of termination under subsection
(e), the Director of National Intelligence shall include a
recommendation on whether to extend the pilot program under
subsection (a) and the appropriate duration of such extension,
if any.
(e) Termination Date.--The authority to carry out the pilot program
under subsection (a) shall terminate on December 31, 2027.
(f) Definition of Covered Element of the Intelligence Community.--
In this section, the term ``covered element of the intelligence
community'' means the following:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The National Security Agency.
(4) The National Geospatial-Intelligence Agency.
(5) The National Reconnaissance Office.
(6) The Defense Intelligence Agency.
SEC. 6714. HARMONIZATION OF AUTHORIZATIONS TO OPERATE.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Armed Services of the House of
Representatives; and
(5) the Committee on Appropriations of the House of
Representatives.
(b) Protocol.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Secretary of Defense and the heads of the
elements of the intelligence community, shall develop and submit to the
appropriate committees of Congress a single protocol setting forth
policies and procedures relating to authorizations to operate for
Department of Defense or intelligence community systems held by
industry providers.
(c) Limitation.--The protocol under subsection (b) shall be limited
to authorizations to operate for Department of Defense and intelligence
community systems.
(d) Elements.--The protocol under subsection (b) shall include, at
a minimum, the following:
(1) A policy for reciprocal recognition, as appropriate,
among the elements of the intelligence community and the
Department of Defense of authorizations to operate held by
commercial providers. Such reciprocal recognition shall be
limited to authorizations to operate for systems that collect,
process, maintain, use, share, disseminate, or dispose of data
classified at an equal or lower classification level than the
original authorization.
(2) Procedures under which, subject to such criteria as may
be prescribed by the Director of National Intelligence jointly
with the Secretary of Defense, a provider that holds an
authorization to operate for a Department of Defense or
intelligence community system may provide to the head of an
element of the intelligence community or the Department of
Defense the most recently updated version of any software,
data, or application for use on such system without being
required to submit an application for new or renewed
authorization.
(3) Procedures for the review, renewal, and revocation of
authorizations to operate held by commercial providers,
including procedures for maintaining continuous authorizations
to operate, subject to such conditions as may be prescribed by
the Director of National Intelligence, in coordination with the
Secretary of Defense. Such procedures may encourage greater use
of modern security practices already being adopted by the
Department of Defense and other Federal agencies, such as
continuous authorization with system security focused on
continuous monitoring of risk and security controls, active
system defense, and the use of an approved mechanism for secure
and continuous delivery of software (commonly referred to as
``DevSecOps'').
(4) A policy for the harmonization of documentation
requirements for commercial providers submitting applications
for authorizations to operate, with the goal of a uniform
requirement across the Department of Defense and the elements
of the intelligence community (subject to exceptions
established by the Director and the Secretary). Such policy
shall include the following requirements:
(A) A requirement for the full disclosure of
evidence in the reciprocity process across the
Department of Defense and the elements of the
intelligence community.
(B) With respect to a system with an existing
authorization to operate, a requirement for approval by
the Chief Information Officer or a designated official
(as the head of the respective element of the
intelligence community determines appropriate) for such
system to operate at an equal or higher level
classification level, to be granted prior to the
performance of an additional security assessment with
respect to such system, and regardless of which element
of the intelligence community or Department of Defense
granted the original authorization.
(5) A requirement to establish a joint secure portal of the
Office of the Director of National Intelligence and the
Department of Defense for the maintenance of records,
applications, and system requirements for authorizations to
operate.
(6) A plan to examine, and if necessary, address, the
shortage of intelligence community and Department of Defense
personnel authorized to support and grant an authorization to
operate. Such plan shall include--
(A) a report on the current average wait times for
authorizations to operate and backlogs, disaggregated
by each element of the intelligence community and the
Department of Defense;
(B) appropriate recommendations to increase pay or
implement other incentives to recruit and retain such
personnel; and
(C) a plan to leverage independent third-party
assessment organizations to support assessments of
applications for authorizations to operate.
(7) Procedures to ensure data security and safety with
respect to the implementation of the protocol.
(8) A proposed timeline for the implementation of the
protocol by the deadline specified in subsection (g).
(e) Coordinating Officials.--Not later than 60 days after the date
of the enactment of this Act--
(1) the Director of National Intelligence shall designate
an official of the Office of the Director of National
Intelligence responsible for implementing this section on
behalf of the Director and leading coordination across the
intelligence community for such implementation;
(2) the Secretary of Defense shall designate an official of
the Department of Defense responsible for implementing this
section on behalf of the Secretary and leading coordination
across the Department of Defense for such implementation; and
(3) each head of an element of the intelligence community
shall designate an official of that element responsible for
implementing this section and overseeing implementation of the
protocol under subsection (b) with respect to the element.
(f) Documentation Requirements.--Under the protocol under
subsection (b), no head of a Federal agency may commence the operation
of a system using an authorization to operate granted by another
Federal agency without possessing documentation of the original
authorization to operate.
(g) Implementation Required.--The protocol under subsection (b)
shall be implemented not later than January 1, 2025.
SEC. 6715. PLAN TO EXPAND SENSITIVE COMPARTMENTED INFORMATION FACILITY
ACCESS BY CERTAIN CONTRACTORS; REPORTS ON EXPANSION OF
SECURITY CLEARANCES FOR CERTAIN CONTRACTORS.
(a) Plan; Briefing.--
(1) In general.--Not later than 180 days after the date of
the date of enactment of this Act, the Director of National
Intelligence, in consultation with the Secretary of Defense and
the heads of such other elements of the intelligence community
as the Director of National Intelligence may determine
appropriate, shall--
(A) develop a plan to expand access by contractors
of small emerging technology companies to sensitive
compartmented information facilities for the purpose of
providing such contractors with a facility to securely
perform work; and
(B) provide to the congressional intelligence
committees, the Committee on Armed Services and the
Committee on Appropriations of the Senate, and the
Committee on Armed Services and the Committee on
Appropriations of the House of Representatives a
briefing on such plan.
(2) Matters.--The plan under paragraph (1) shall include
the following:
(A) An overview of the existing sensitive
compartmented information facilities, if any, that may
be available for the purpose specified in paragraph
(1).
(B) An assessment of the feasibility of building
additional sensitive compartmented information
facilities for such purpose.
(C) An assessment of the relative costs and
benefits of repurposing existing, or building
additional, sensitive compartmented information
facilities for such purpose.
(D) The eligibility criteria for determining which
contractors under this section may be granted access to
sensitive compartmented information facilities for such
purpose.
(E) An estimate of the maximum number of
contractors that may be provided access to sensitive
compartmented information facilities for such purpose,
taking into account the matters specified in
subparagraphs (A) and (B).
(F) Policies to ensure the efficient and narrow use
of sensitive compartmented information facilities for
such purpose, including a timeline for the length of
such use by a contractor under this section and a
detailed description of the process to terminate access
to the sensitive compartmented information facility by
such contractor upon--
(i) the expiration of the contract or
agreement of the contractor; or
(ii) a determination that the contractor no
longer has a need for such access to fulfill
the terms of such contract or agreement.
(G) Pricing structures for the use of sensitive
compartmented information facilities by contractors for
the purpose specified in paragraph (1). Such pricing
structures--
(i) may include free use (for the purpose
of incentivizing future contracts), with the
potential for pricing to increase dependent on
the length of the contract or agreement, the
size of the contractor, and the need for such
use; and
(ii) shall ensure that the cumulative cost
for a contractor to rent and independently
certify a sensitive compartmented information
facility for such purpose does not exceed the
market average for the Director of National
Intelligence or the Secretary of Defense to
build, certify, and maintain a sensitive
compartmented information facility.
(H) A security plan for vetting each contractor
prior to the access of a sensitive compartmented
information facility by the contractor for the purpose
specified in paragraph (1), and an assessment of
potential security concerns regarding such access.
(I) A proposed timeline for the expansion of access
to sensitive compartmented information facilities in
accordance with paragraph (1).
(J) Such other matters as the Director of National
Intelligence or the Secretary of Defense considers
relevant to such expansion.
(b) Eligibility Criteria for Contractors.--Unless the Director of
National Intelligence determines the source of the financing of a
contractor poses a national security risk, such source of financing may
not be taken into consideration in making a determination as to the
eligibility of the contractor in accordance with subsection (a)(2)(D).
(c) Reports on Expansion of Security Clearances for Certain
Contractors.--
(1) Reports.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for 3 years, the
Director of National Intelligence and the Secretary of Defense
shall jointly submit to the congressional intelligence
committees, the Committee on Armed Services of the Senate, and
the Committee on Armed Services of the House of Representatives
a report on the extent to which security clearance requirements
delay, limit, or otherwise disincentivize emerging technology
companies from entering into contracts with the United States
Government.
(2) Matters.--Each report under paragraph (1) shall include
the following:
(A) Statistics on the periods of time between the
submission of applications for security clearances by
employees of emerging technology companies and the
grant of such security clearances, disaggregated by the
size of the respective company.
(B) The number of security clearances granted to
employees of small emerging technology companies during
the period covered by the report.
(C) The number of applications for security
clearances submitted by employees of emerging
technology companies that have yet to be adjudicated as
of the date on which the report is submitted.
(D) A projection, for the year following the date
on which the report is submitted, of the number of
security clearances necessary for employees of emerging
technology companies to perform work on behalf of the
intelligence community during such year, and an
assessment of the capacity of the intelligence
community to meet such demand.
(E) An identification of each occurrence, during
the period covered by the report, in which an emerging
technology company withdrew from or declined to accept
a contract with the United States Government on the
sole basis of delays, limitations, or other issues
involving security clearances, and a description of the
types of business the United States Government has lost
as a result of such occurrences.
(F) Recommendations for expediting the grant of
security clearances to employees of emerging technology
companies, including with respect to any additional
resources, authorities, or personnel that the Director
of National Intelligence determines may be necessary
for such expedition.
(3) Form.--Each report under paragraph (1) may be submitted
in classified form, but if so submitted shall include an
unclassified executive summary.
(d) Proposal Concurrent With Budget Submission.--At the time that
the President submits to Congress the budget for fiscal year 2024
pursuant to section 1105 of title 31, United States Code, the Director
of National Intelligence shall submit to the congressional intelligence
committees a proposal to improve the capacity of the workforce
responsible for the investigation and adjudication of security
clearances, with the goal of reducing the period of time specified in
subsection (c)(2)(A) to fewer than 60 days. Such proposal shall include
an identification of any resources the Director of National
Intelligence determines necessary to expand the number of individuals
authorized to conduct polygraphs on behalf of the intelligence
community, including by furnishing necessary training to such
individuals.
(e) Applicability.--The plan, briefing, reports, and proposal
required by this section shall apply only with respect to the
intelligence community and the Department of Defense.
SEC. 6716. COMPLIANCE BY INTELLIGENCE COMMUNITY WITH REQUIREMENTS OF
FEDERAL ACQUISITION REGULATION RELATING TO COMMERCIALLY
AVAILABLE OFF-THE-SHELF ITEMS AND COMMERCIAL SERVICES.
(a) Compliance Policy.--
(1) Requirement.--Not later than 1 year after the date of
the enactment of this Act, the Director of National
Intelligence shall implement a policy to ensure that each
element of the intelligence community complies with parts 10
and 12 of the Federal Acquisition Regulation with respect to
any Federal Acquisition Regulation-based procurements.
(2) Elements.--The policy under paragraph (1) shall include
the following:
(A) Written criteria for an element of the
intelligence community to evaluate when a procurement
of a covered item or service is permissible,
including--
(i) requiring the element to conduct an
independent market analysis to determine
whether a commercially available off-the-shelf
item, nondevelopmental item, or commercial
service is viable; and
(ii) a description of the offeror for such
covered item or service and how the covered
item or service to be acquired will be
integrated into existing systems of the
intelligence community.
(B) A detailed set of performance measures for the
acquisition personnel of the intelligence community
that--
(i) prioritizes adherence to parts 10 and
12 of the Federal Acquisition Regulation;
(ii) encourages acquisition of commercially
available off-the-shelf items, nondevelopmental
items, or commercial services; and
(iii) incentivizes such personnel of the
intelligence community that enter into
contracts for covered items or services only
when necessary.
(3) Submission.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense
of the Committee on Appropriations of the House of
Representatives--
(A) the policy developed pursuant to paragraph (1);
and
(B) the plan to implement such policy by not later
than 1 year after the date of such enactment.
(4) Market analysis.--In carrying out the independent
market analysis pursuant to paragraph (2)(A)(i), the Director
may enter into a contract with an independent market research
group with qualifications and expertise to find available
commercial products or commercial services to meet the needs of
the intelligence community.
(b) Annual Reports.--
(1) Requirement.--Not later than 2 years after the date of
the enactment of this Act, and annually thereafter for 3 years,
the Director, in consultation with the head of each element of
the intelligence community, shall submit to the congressional
intelligence committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives a report on the policy developed under
subsection (a).
(2) Elements.--Each report under paragraph (1) shall
include, with respect to the period covered by the report, the
following:
(A) An evaluation of the success of the policy,
including with respect to the progress the elements
have made in complying with parts 10 and 12 of the
Federal Acquisition Regulation.
(B) A description of how any market analyses are
conducted pursuant to subsection (a)(2)(A)(i).
(C) Any recommendations to improve compliance with
such parts 10 and 12.
SEC. 6717. POLICY ON REQUIRED USER ADOPTION METRICS IN CERTAIN
CONTRACTS FOR ARTIFICIAL INTELLIGENCE AND EMERGING
TECHNOLOGY SOFTWARE PRODUCTS.
(a) Policy.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
establish a policy regarding user adoption metrics for contracts and
other agreements for the procurement of covered products as follows:
(1) With respect to a contract or other agreement entered
into between the head of an element of the intelligence
community and a commercial provider for the procurement of a
covered product for users within the intelligence community, a
requirement that each such contract or other agreement include,
as a term of the contract or agreement, an understanding of the
anticipated use of the covered product with a clear metric for
success and for collecting user adoption metrics, as
appropriate, for assessing the adoption of the covered product
by such users.
(2) Such exceptions to the requirements under paragraph (1)
as may be determined appropriate pursuant to guidance
established by the Director of National Intelligence.
(3) A requirement that prior to the procurement of, or the
continuation of the use of, any covered product procured by the
head of an element of the intelligence community, the head has
determined a method for assessing the success of the covered
product from user adoption metrics.
(b) Submission.--Not later than 60 days after the date on which the
policy under subsection (a) is established, the Director of National
Intelligence shall submit to the congressional intelligence committees,
the Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives such policy.
SEC. 6718. CERTIFICATION RELATING TO INFORMATION TECHNOLOGY AND
SOFTWARE SYSTEMS.
(a) Certifications Required.--Prior to the date on which the head
of an element of the intelligence community enters into, renews, or
extends a contract for the acquisition of an information technology or
software system, the head shall certify to the Director of National
Intelligence the following:
(1) That the information technology or software system is
the most up-to-date version of the system available or, if it
is not, why a more out of date version was chosen.
(2) That the information technology or software system is
compatible with integrating new and emerging technologies, such
as artificial intelligence.
(3) That the information technology or software system was
thoroughly reviewed and alternative products are not superior
to meet the requirements of the element.
(b) Exemption.--The Director of National Intelligence may exempt
elements of the intelligence community, as appropriate, from the
requirements under (a) if meeting such requirements may pose security
or operational risks.
(c) Guidance.--The Director shall issue to the heads of the
elements of the intelligence community, and submit to the congressional
intelligence committees, the Subcommittee on Defense of the Committee
on Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives, guidance
to--
(1) establish guidelines that the heads of the relevant
elements of the intelligence community shall use to evaluate
the criteria required for the certifications under subsection
(a);
(2) incentivize each such head to adopt and integrate new
and emerging technology within information technology and
software systems of the element and to decommission and replace
outdated systems, including through potential funding
enhancements; and
(3) incentivize, and hold accountable, personnel of the
intelligence community with respect to the integration of new
and emerging technology within such systems, including through
the provision of appropriate training programs and evaluations.
Subtitle C--Reports
SEC. 6721. REPORTS ON INTEGRATION OF ARTIFICIAL INTELLIGENCE WITHIN
INTELLIGENCE COMMUNITY.
(a) Reports by Elements of Intelligence Community.--Not later than
180 days after the date of the enactment of this Act, each senior
official within an element of the intelligence community identified as
a designated element lead pursuant to section 6702(b) shall submit to
the congressional intelligence committees, the Subcommittee on Defense
of the Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives a report on the efforts of that element to develop,
acquire, adopt, and maintain artificial intelligence to improve
intelligence collection and analysis and optimize internal work flows.
Each such report shall include the following:
(1) A description of the authorities of the element
relating to the use of artificial intelligence.
(2) A list of any resource or authority necessary to
accelerate the adoption by the element of artificial
intelligence solutions, including commercial products, or
personnel authorities.
(3) A description of the element's roles, responsibilities,
and authorities for accelerating the adoption by the element of
artificial intelligence solutions.
(4) The application of the policies and principles
described in section 6702(a)(2) to paragraphs (1), (2), and
(3).
(b) Audits by Inspectors General.--
(1) Audits.--Not later than 2 years after the date of the
enactment of this Act, each inspector general with oversight
responsibility for an element of the intelligence community
shall conduct and audit, and brief congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense
of the Committee on Appropriations of the House of
Representatives the findings of the audit, to evaluate the
following:
(A) The efforts of such element to develop,
acquire, adopt, and maintain artificial intelligence
capabilities for the purpose of improving intelligence
collection and analysis in a timely manner and the
extent to which such efforts are consistent with the
policies and principles described in section
6702(a)(2);
(B) The degree to which the element has implemented
each of the provisions of this title.
(C) Any administrative or technical barriers to the
accelerated adoption of artificial intelligence by such
element.
(2) Input required.--The results of each audit under
paragraph (1) shall be disaggregated by, and include input
from, organizational units of the respective element of the
intelligence community that focus on the following:
(A) Acquisitions and contracting.
(B) Personnel and workforce matters.
(C) Financial management and budgeting.
(D) Operations and capabilities.
(3) Audit of office of director of national intelligence.--
With respect to the audit of the Office of the Director of
National Intelligence conducted by the Inspector General of the
Intelligence Community under paragraph (1), the Inspector
General shall also audit the extent to which the Director of
National Intelligence coordinates across the intelligence
community for the purpose of ensuring the adoption of best
practices, the use of shared contracting vehicles for products
and services that meet common requirements, the sharing of
information, and the efficient use of resources, relating to
artificial intelligence.
(c) Annual Report by Director of National Intelligence.--
(1) Reports.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for 3 years, the
Director of National Intelligence, in consultation with the
heads of the elements of the intelligence community, shall
submit to the congressional intelligence committees, the
Subcommittee on Defense of the Committee on Appropriations of
the Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives a report on the
progress of the adoption of artificial intelligence within the
intelligence community.
(2) Matters.--Each report under paragraph (1) shall
include, with respect to the year covered by the report, the
following:
(A) A detailed description of the progress of each
element of the intelligence community in the adoption
and maintenance of artificial intelligence during such
year, including a detailed description of any--
(i) artificial intelligence programs or
systems adopted by the element;
(ii) contracts entered into by the head of
the element with small- or medium-sized
emerging technology companies for commercial
products involving artificial intelligence; and
(iii) relevant positions established or
filled within the element.
(B) A description of any policies of the
intelligence community issued during such year that
relate to the adoption of artificial intelligence
within the intelligence community, including an
assessment of the compliance with such policies by the
elements of the intelligence community.
(C) A list of recommendations for the efficient,
accelerated, and comprehensive adoption of artificial
intelligence across the intelligence community during
the year following the year covered by the report,
including any technological advances in artificial
intelligence that the intelligence community should
leverage from industry actors.
(D) An overview of the advances of foreign
adversaries in the field of artificial intelligence,
and steps that may be taken to ensure the United States
Government outpaces foreign adversaries in such field.
(E) Any gaps in resource or authorities, or other
administrative or technical barriers, to the adoption
of artificial intelligence by the intelligence
community.
(F) Such other matters as the Director may
determine appropriate.
(3) Form.--Each report under paragraph (1) may be submitted
in classified form.
(4) Entry by chief data officer.--Each report under
paragraph (1) shall include an entry by the Intelligence
Community Chief Data Officer that addresses each of the matters
specified in paragraph (2) with respect to the organization of
data for the accelerated adoption of artificial intelligence
solutions.
SEC. 6722. REPORT ON POTENTIAL BENEFITS OF ESTABLISHMENT OF ICWERX.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Director of National Intelligence, in coordination with
the Director of the Central Intelligence Agency and the Director of the
National Security Agency, shall submit to the congressional
intelligence committees, the Subcommittee on Defense of the Committee
on Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives an
assessment of whether the intelligence community would benefit from the
establishment of a new organization to be known as ``ICWERX'', the
mission and activities of which would incorporate lessons learned from
AFWERX of the Air Force (or such successor program), the Defense
Innovation Unit of the Department of Defense, In-Q-Tel, and other
programs sponsored by the Federal Government with a focus on
accelerating the adoption of emerging technologies for mission-relevant
applications or innovation.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A review of the existing avenues for small- and medium-
sized emerging technology companies to provide to the
intelligence community artificial intelligence or other
technology solutions, including an identification, for each of
the 5 years preceding the year in which the report is
submitted, of the annual number of such companies that have
provided the intelligence community with such solutions.
(2) A review of the existing processes by which the heads
of the elements of the intelligence community acquire and
transition commercial research of small- and medium-sized
emerging technology companies in a prototype or other early
developmental stage.
(3) An assessment of--
(A) whether the intelligence community is currently
postured to incorporate the technological innovations
of emerging technology companies, including in software
and hardware; and
(B) any areas in which the intelligence community
lacks resources, authorities, personnel, expertise, or
institutional mechanisms necessary for such
incorporation.
(4) An assessment of whether a potential ICWERX would be
positioned to--
(A) assist small emerging technology companies, and
potentially medium-sized emerging technology companies,
in accelerating the procurement and fielding of
innovative technologies; and
(B) provide the intelligence community with greater
access to innovative companies at the forefront of
emerging technologies.
(5) An assessment of the potential costs and benefits
associated with the establishment of ICWERX in accordance with
subsection (a).
SEC. 6723. REQUIREMENTS AND REPORT ON WORKFORCE NEEDS OF INTELLIGENCE
COMMUNITY RELATING TO SCIENCE, TECHNOLOGY, ENGINEERING,
AND MATH, AND RELATED AREAS.
(a) Requirements.--The Director of National Intelligence, in
coordination with the heads of human capital from each element of the
intelligence community, shall--
(1) develop a plan for the recruitment and retention of
personnel to positions the primary duties of which involve the
integration, maintenance, or use of artificial intelligence
(and the retention and training of personnel serving in such
positions), including with respect to the authorities and
requirements under section 6732(b);
(2) develop a plan for the review and evaluation, on a
continuous basis, of the expertise necessary to accelerate the
adoption of artificial intelligence and other emerging
technology solutions; and
(3) coordinate and share information and best practices
relating to such recruitment and retention within the element
and across the intelligence community.
(b) Report.--
(1) Submission.--Not later than January 1, 2024, the
Director of National Intelligence, in coordination with heads
of human capital from each element of the intelligence
community, shall submit to the congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense
of the Committee on Appropriations of the House of
Representatives a single report on the workforce needs of each
element of the intelligence community relating to emerging
technologies, with a specific focus on artificial intelligence.
(2) Elements.--The report under paragraph (1) shall
include, with respect to each element of the intelligence
community, the following:
(A) A description of the number and types of
personnel in work roles whose primary official duties
include artificial intelligence responsibilities.
(B) A detailed description of the plans for each
element developed pursuant to subsection (a).
(3) Other matters.--The report under paragraph (1) shall
also include an assessment of the quality and sustainability of
the talent pipeline of the intelligence community with respect
to talent in emerging technologies, including artificial
intelligence. Such assessment shall include the following:
(A) A description of the education, recruitment,
and retention programs (including skills-based training
and career and technical educational programs)
available to personnel of the intelligence community,
regardless of whether such programs are administered by
the head of an element of the intelligence community or
the head of another Federal department or agency, and
an analysis of how such programs support the quality
and sustainability of such talent pipeline.
(B) A description of the relevant authorities
available to the heads of the elements of the
intelligence community to promote the quality and
sustainability of such talent pipeline.
(C) An assessment of any gaps in authorities,
resources, recruitment or retention incentives, skills-
based training, or educational programs, that may
negatively affect the quality or sustainability of such
talent pipeline.
(4) Form.--The report under paragraph (1) shall be
submitted in classified or unclassified form, as appropriate.
(c) Information Access.--The heads of the elements of the
intelligence community shall furnish to the Director of National
Intelligence such information as may be necessary for the development
of the report under subsection (b).
Subtitle D--Talent, Education, and Training
SEC. 6731. REPORT ON ESTABLISHMENT OF TECHNOLOGY ACQUISITION CADRE.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees, the Subcommittee
on Defense of the Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of the House
of Representatives a report containing a feasibility and advisability
study on establishing a cadre of personnel who are experts in emerging
technologies, software development, systems integration, and
acquisition, to improve the adoption of commercial solutions for
emerging technologies across the intelligence community, particularly
as the technologies relate to artificial intelligence.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) An examination regarding whether a cadre of personnel
described in subsection (a) would be an effective and efficient
means to substantially improve and accelerate the adoption of
commercial artificial intelligence and other emerging
technology products and services in support of the missions of
the intelligence community if the cadre has the capacity and
relevant expertise to--
(A) accelerate the adoption of emerging
technologies, including with respect to artificial
intelligence;
(B) assist with software development and
acquisition; and
(C) develop training requirements for acquisition
professionals within the elements of the intelligence
community.
(2) An assessment of--
(A) whether the establishment of the cadre would
require additional statutory authorities or resources,
including to recruit, hire, and retain the talent and
expertise needed to establish the cadre;
(B) the benefits, costs, and risks associated with
the establishment of a cadre;
(C) a recommendation on whether to establish the
cadre; and
(D) if a recommendation to establish the cadre is
made, a plan for implementation of the cadre, including
the proposed size of the cadre, how the cadre would be
resourced, managed, and organized, and whether the
cadre should be centrally managed or reside at
individual elements of the intelligence community.
SEC. 6732. EMERGING TECHNOLOGY EDUCATION AND TRAINING.
(a) Training Curriculum.--
(1) Requirement.--No later than 270 days after the date of
the enactment of this Act, the Director of National
Intelligence and the Secretary of Defense, in consultation with
the President of the Defense Acquisition University and the
heads of the elements of the intelligence community that the
Director and Secretary determine appropriate, shall jointly
establish a training curriculum for members of the acquisition
workforce in the Department of Defense (as defined in section
101 of title 10, United States Code) and the acquisition
officials within the intelligence community focused on
improving the understanding and awareness of contracting
authorities and procedures for the acquisition of emerging
technologies.
(2) Provision of training.--The Director shall ensure that
the training curriculum under paragraph (1) is made available
to each element of the intelligence community not later than 60
days after the completion of the curriculum.
(3) Report.--Not later than January 1, 2024, the Director
and Secretary shall jointly submit to the congressional
intelligence committees, the Committee on Armed Services and
the Subcommittee on Defense of the Committee on Appropriations
of the Senate, and the Committee on Armed Services and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives a report containing an update on
the status of the curriculum under paragraph (1).
(b) Agreements Officers.--Not later than October 1, 2024, the
Director of National Intelligence shall ensure that at least 75 percent
of the contracting staff within the intelligence community whose
primary responsibilities include the acquisition of emerging
technologies shall have received the appropriate training to become
warranted as agreements officers who are given authority to execute and
administer the transactions authorized by paragraph (5) of section
102A(n) of the National Security Act of 1947 (50 U.S.C. 3024(n)), as
added by section 6711. The training shall include--
(1) the appropriate courses offered by the Defense
Acquisition University;
(2) the training curriculum established under subsection
(a); and
(3) best practices for monitoring, identifying, and
procuring emerging technologies with potential benefit to the
intelligence community, including commercial services and
products.
(c) Establishment of Emerging Technology Training Activities.--
(1) Requirement.--Not later than January 1, 2024, the
Director of National Intelligence, in coordination with the
heads of the elements of the intelligence community that the
Director determines relevant, shall establish and implement
training activities designed for appropriate mid-career and
senior managers across the intelligence community to train the
managers on how to identify, acquire, implement, and manage
emerging technologies as such technologies may be applied to
the intelligence community.
(2) Certification.--Not later than 2 years after the date
on which the Director establishes the training activities under
paragraph (1), each head of an element of the intelligence
community shall certify to the Director whether the managers of
the element described in paragraph (1) have successfully
completed the education activities.
(3) Briefing.--Not later than January 1, 2024, the Director
of National Intelligence shall provide to the congressional
intelligence committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives a briefing regarding the training activities
established under paragraph (1), including--
(A) an overview of--
(i) the managers described in paragraph (1)
who participated in the training activities;
and
(ii) what technologies were included in the
training activities; and
(B) an identification of other incentives,
activities, resources, or programs the Director
determines may be necessary to ensure the managers are
generally trained in the most emerging technologies and
able to retain and incorporate such technologies across
the intelligence community.
Subtitle E--Other Matters
SEC. 6741. IMPROVEMENTS TO USE OF COMMERCIAL SOFTWARE PRODUCTS.
(a) Policy Regarding Procurement of Commercial Software Products.--
Not later than 1 year after the date of the enactment of this Act, the
Director of National Intelligence, in consultation with the heads of
the elements of the intelligence community and appropriate
nongovernmental experts that the Director determines relevant, shall
issue an intelligence community-wide policy to ensure the procurement
of commercial software products by the intelligence community is
carried out--
(1) using, to the extent practicable, standardized
terminology; and
(2) in accordance with acquisition and operation best
practices reflecting modern software as a service capabilities.
(b) Elements.--The policy issued under subsection (a) shall include
the following:
(1) Guidelines for the heads of the elements of the
intelligence community to determine which contracts for
commercial software products are covered by the policy,
including with respect to agreements, authorizations to
operate, and other acquisition activities.
(2) Guidelines for using standardized terms in such
contracts, modeled after commercial best practices, including
common procedures and language regarding--
(A) terms for the responsible party and timelines
for system integration under the contract;
(B) a mechanism included in each contract to ensure
the ability of the vendor to provide, and the United
States Government to receive, continuous updates and
version control for the software, subject to
appropriate security considerations;
(C) automatic technological mechanisms for security
and data validation, including security protocols that
are predicated on commercial best practices; and
(D) procedures to provide incentives, and a
technical framework, for system integration for new
commercial software solutions to fit within existing
workflows and information technology infrastructure.
(3) Guidelines and a timeline for enforcing the policy.
(c) Report.--Not later than January 1, 2025, and annually
thereafter through 2028, the Director of National Intelligence, in
coordination with the heads of the elements of the intelligence
community, shall submit to the congressional intelligence committees,
the Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives a report on the policy
issued under subsection (a), including the following with respect to
the period covered by the report:
(1) An evaluation of compliance with such policy by each of
the elements of the intelligence community.
(2) Additional recommendations to better coordinate system
integration throughout the intelligence community using best
practices.
SEC. 6742. CODE-FREE ARTIFICIAL INTELLIGENCE ENABLEMENT TOOLS POLICY.
(a) Draft Policy.--Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the Director of the Central Intelligence Agency, the
Director of the National Security Agency, the Director of the National
Reconnaissance Office, the Director of the National Geospatial-
Intelligence Agency, and the Director of the Defense Intelligence
Agency, and any additional heads of the elements of the intelligence
community that the Director of National Intelligence determines
appropriate, shall draft a potential policy to promote the intelligence
community-wide use of code-free artificial intelligence enablement
tools.
(b) Elements.--The draft policy under subsection (a) shall include
the following:
(1) The objective for the use by the intelligence community
of code-free artificial intelligence enablement tools.
(2) A detailed set of incentives for using code-free
artificial intelligence enablement tools.
(3) A plan to ensure coordination throughout the
intelligence community, including consideration of designating
an official of each element of the intelligence community to
oversee implementation of the policy and such coordination.
(c) Submission.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees, the Subcommittee
on Defense of the Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of the House
of Representatives the following:
(1) The draft policy under subsection (a).
(2) A recommendation regarding the feasibility and
advisability of implementing the draft policy, including an
assessment of the costs and advantages and disadvantages of
such implementation.
(3) An assessment of whether any element of the
intelligence community already has a similar existing policy.
(4) A specific plan and timeline of the steps that would be
necessary to implement the draft policy.
(5) An assessment of the personnel requirements, budget
requirements, and any other resource requirements, that would
be necessary to implement the draft policy in the timeline
identified in paragraph (4).
TITLE LXVIII--OTHER MATTERS
SEC. 6801. IMPROVEMENTS RELATING TO CONTINUITY OF PRIVACY AND CIVIL
LIBERTIES OVERSIGHT BOARD MEMBERSHIP.
Paragraph (4) of section 1061(h) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(h)) is amended to
read as follows:
``(4) Term.--
``(A) Commencement.--Each member of the Board shall
serve a term of 6 years, commencing on the date of the
appointment of the member to the Board.
``(B) Reappointment.--A member may be reappointed
to one or more additional terms.
``(C) Vacancy.--A vacancy on the Board shall be
filled in the manner in which the original appointment
was made.
``(D) Extension.--Upon the expiration of the term
of office of a member, the member may continue to serve
for up to one year after the date of expiration, at the
election of the member--
``(i) during the period preceding the
reappointment of the member pursuant to
subparagraph (B); or
``(ii) until the member's successor has
been appointed and qualified.''.
SEC. 6802. MODIFICATION OF REQUIREMENT FOR OFFICE TO ADDRESS
UNIDENTIFIED ANOMALOUS PHENOMENA.
(a) In General.--Section 1683 of the National Defense Authorization
Act for Fiscal Year 2022 (50 U.S.C. 3373), as amended by title XVI of
this Act, is amended to read as follows:
``SEC. 1683. ESTABLISHMENT OF ALL-DOMAIN ANOMALY RESOLUTION OFFICE.
``(a) Establishment of Office.--
``(1) In general.--Not later than 120 days after the date
of the enactment of the Intelligence Authorization Act for
Fiscal Year 2023, the Secretary of Defense, in coordination
with the Director of National Intelligence, shall establish an
office within a component of the Office of the Secretary of
Defense, or within a joint organization of the Department of
Defense and the Office of the Director of National
Intelligence, to carry out the duties of the Unidentified
Aerial Phenomena Task Force, as in effect on December 26, 2021,
and such other duties as are required by this section,
including those pertaining to unidentified anomalous phenomena.
``(2) Designation.--The office established under paragraph
(1) shall be known as the `All-domain Anomaly Resolution
Office' (in this section referred to as the `Office').
``(b) Director and Deputy Director of the Office.--
``(1) Appointment of director.--The head of the Office
shall be the Director of the All-domain Anomaly Resolution
Office (in this section referred to as the `Director of the
Office'), who shall be appointed by the Secretary of Defense in
consultation with the Director of National Intelligence.
``(2) Appointment of deputy director.--The Deputy Director
of the Office shall be appointed by the Director of National
Intelligence in coordination with the Secretary of Defense.
``(3) Reporting.--
``(A) In general.--The Director of the Office shall
report directly to the Deputy Secretary of Defense and
the Principal Deputy Director of National Intelligence.
``(B) Administrative and operational and security
matters.--The Director of the Office shall report--
``(i) to the Under Secretary of Defense for
Intelligence and Security on all administrative
matters of the Office; and
``(ii) to the Deputy Secretary of Defense
and the Principal Deputy Director of National
Intelligence on all operational and security
matters of the Office.
``(c) Duties.--The duties of the Office shall include the
following:
``(1) Developing procedures to synchronize and standardize
the collection, reporting, and analysis of incidents, including
adverse physiological effects, regarding unidentified anomalous
phenomena across the Department of Defense and the intelligence
community, in coordination with the Director of National
Intelligence, which shall be provided to the congressional
defense committees, the congressional intelligence committees,
and congressional leadership.
``(2) Developing processes and procedures to ensure that
such incidents from each component of the Department and each
element of the intelligence community are reported and stored
in an appropriate manner that allows for the integration of
analysis of such information.
``(3) Establishing procedures to require the timely and
consistent reporting of such incidents.
``(4) Evaluating links between unidentified anomalous
phenomena and adversarial foreign governments, other foreign
governments, or nonstate actors.
``(5) Evaluating the threat that such incidents present to
the United States.
``(6) Coordinating with other departments and agencies of
the Federal Government, as appropriate, including the Federal
Aviation Administration, the National Aeronautics and Space
Administration, the Department of Homeland Security, the
National Oceanic and Atmospheric Administration, the National
Science Foundation, and the Department of Energy.
``(7) As appropriate, and in coordination with the
Secretary of State, the Secretary of Defense, and the Director
of National Intelligence, consulting with allies and partners
of the United States to better assess the nature and extent of
unidentified anomalous phenomena.
``(8) Preparing reports for Congress, in both classified
and unclassified form, including under subsection (j).
``(d) Response to and Field Investigations of Unidentified
Anomalous Phenomena.--
``(1) Designation.--The Secretary of Defense and the
Director of National Intelligence shall jointly designate from
within their respective organizations an official, to be under
the direction of the Director of the Office, responsible for
ensuring the appropriate expertise, authorities, accesses,
data, systems, platforms, and capabilities are available for
the rapid response to, and support for, the conduct of field
investigations of incidents involving unidentified anomalous
phenomena.
``(2) Ability to respond.--The Secretary of Defense and the
Director of National Intelligence shall ensure field
investigations are supported by personnel with the requisite
expertise, equipment, transportation, and other resources
necessary to respond rapidly to incidents or patterns of
observations involving unidentified anomalous phenomena.
``(e) Scientific, Technological, and Operational Analyses of Data
on Unidentified Anomalous Phenomena.--
``(1) Designation.--The Secretary of Defense, in
coordination with the Director of National Intelligence, shall
designate one or more line organizations that will be primarily
responsible for scientific, technical, and operational analysis
of data gathered by field investigations conducted pursuant to
subsection (d) and data from other sources, including with
respect to the testing of materials, medical studies, and
development of theoretical models, to better understand and
explain unidentified anomalous phenomena.
``(2) Authority.--The Secretary of Defense and the Director
of National Intelligence shall each issue such directives as
are necessary to ensure that each line organization designated
under paragraph (1) has authority to draw on the special
expertise of persons outside the Federal Government with
appropriate security clearances.
``(f) Data; Intelligence Collection.--
``(1) Availability of data and reporting on unidentified
anomalous phenomena.--
``(A) Availability of data.--The Director of
National Intelligence, in coordination with the
Secretary of Defense, shall ensure that each element of
the intelligence community with data relating to
unidentified anomalous phenomena makes such data
available immediately to the Office.
``(B) Reporting.--The Director of National
Intelligence and the Secretary of Defense shall each,
in coordination with one another, ensure that military
and civilian personnel of the Department of Defense or
an element of the intelligence community, and
contractor personnel of the Department or such an
element, have access to procedures by which the
personnel shall report incidents or information,
including adverse physiological effects, involving or
associated with unidentified anomalous phenomena
directly to the Office.
``(2) Intelligence collection and analysis plan.--The
Director of the Office, acting in coordination with the
Secretary of Defense and the Director of National Intelligence,
shall supervise the development and execution of an
intelligence collection and analysis plan to gain as much
knowledge as possible regarding the technical and operational
characteristics, origins, and intentions of unidentified
anomalous phenomena, including with respect to the development,
acquisition, deployment, and operation of technical collection
capabilities necessary to detect, identify, and scientifically
characterize unidentified anomalous phenomena.
``(3) Use of resources and capabilities.--In developing the
plan under paragraph (2), the Director of the Office shall
consider and propose, as appropriate, the use of any resource,
capability, asset, or process of the Department and the
intelligence community.
``(g) Science Plan.--The Director of the Office, on behalf of the
Secretary of Defense and the Director of National Intelligence, shall
supervise the development and execution of a science plan to develop
and test, as practicable, scientific theories to--
``(1) account for characteristics and performance of
unidentified anomalous phenomena that exceed the known state of
the art in science or technology, including in the areas of
propulsion, aerodynamic control, signatures, structures,
materials, sensors, countermeasures, weapons, electronics, and
power generation; and
``(2) provide the foundation for potential future
investments to replicate or otherwise better understand any
such advanced characteristics and performance.
``(h) Assignment of Priority.--The Director of National
Intelligence, in consultation with and with the recommendation of the
Secretary of Defense, shall assign an appropriate level of priority
within the National Intelligence Priorities Framework to the
requirement to understand, characterize, and respond to unidentified
anomalous phenomena.
``(i) Detailees From Elements of the Intelligence Community.--The
heads of the Central Intelligence Agency, the Defense Intelligence
Agency, the National Security Agency, the Department of Energy, the
National Geospatial-Intelligence Agency, the intelligence elements of
the Army, the Navy, the Air Force, the Marine Corps, and the Coast
Guard, the Department of Homeland Security, and such other elements of
the intelligence community as the Director of the Office considers
appropriate may provide to the Office a detailee of the element to be
physically located at the Office.
``(j) Historical Record Report.--
``(1) Report required.--
``(A) In general.--Not later than 540 days after
the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2023, the Director of
the Office shall submit to the congressional defense
committees, the congressional intelligence committees,
and congressional leadership a written report detailing
the historical record of the United States Government
relating to unidentified anomalous phenomena,
including--
``(i) the records and documents of the
intelligence community;
``(ii) oral history interviews;
``(iii) open source analysis;
``(iv) interviews of current and former
Government officials;
``(v) classified and unclassified national
archives including any records any third party
obtained pursuant to section 552 of title 5,
United States Code; and
``(vi) such other relevant historical
sources as the Director of the Office considers
appropriate.
``(B) Other requirements.--The report submitted
under subparagraph (A) shall--
``(i) focus on the period beginning on
January 1, 1945, and ending on the date on
which the Director of the Office completes
activities under this subsection; and
``(ii) include a compilation and
itemization of the key historical record of the
involvement of the intelligence community with
unidentified anomalous phenomena, including--
``(I) any program or activity that
was protected by restricted access that
has not been explicitly and clearly
reported to Congress;
``(II) successful or unsuccessful
efforts to identify and track
unidentified anomalous phenomena; and
``(III) any efforts to obfuscate,
manipulate public opinion, hide, or
otherwise provide incorrect
unclassified or classified information
about unidentified anomalous phenomena
or related activities.
``(2) Access to records of the national archives and
records administration.--The Archivist of the United States
shall make available to the Office such information maintained
by the National Archives and Records Administration, including
classified information, as the Director of the Office considers
necessary to carry out paragraph (1).
``(k) Annual Reports.--
``(1) Reports from director of national intelligence and
secretary of defense.--
``(A) Requirement.--Not later than 180 days after
the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2023, and annually
thereafter for four years, the Director of National
Intelligence and the Secretary of Defense shall jointly
submit to the appropriate congressional committees a
report on unidentified anomalous phenomena.
``(B) Elements.--Each report submitted under
subparagraph (A) shall include, with respect to the
year covered by the report, the following information:
``(i) All reported unidentified anomalous
phenomena-related events that occurred during
the one-year period.
``(ii) All reported unidentified anomalous
phenomena-related events that occurred during a
period other than that one-year period but were
not included in an earlier report.
``(iii) An analysis of data and
intelligence received through each reported
unidentified anomalous phenomena-related event.
``(iv) An analysis of data relating to
unidentified anomalous phenomena collected
through--
``(I) geospatial intelligence;
``(II) signals intelligence;
``(III) human intelligence; and
``(IV) measurement and signature
intelligence.
``(v) The number of reported incidents of
unidentified anomalous phenomena over
restricted airspace of the United States during
the one-year period.
``(vi) An analysis of such incidents
identified under clause (v).
``(vii) Identification of potential
aerospace or other threats posed by
unidentified anomalous phenomena to the
national security of the United States.
``(viii) An assessment of any activity
regarding unidentified anomalous phenomena that
can be attributed to one or more adversarial
foreign governments.
``(ix) Identification of any incidents or
patterns regarding unidentified anomalous
phenomena that indicate a potential adversarial
foreign government may have achieved a
breakthrough aerospace capability.
``(x) An update on the coordination by the
United States with allies and partners on
efforts to track, understand, and address
unidentified anomalous phenomena.
``(xi) An update on any efforts underway on
the ability to capture or exploit discovered
unidentified anomalous phenomena.
``(xii) An assessment of any health-related
effects for individuals that have encountered
unidentified anomalous phenomena.
``(xiii) The number of reported incidents,
and descriptions thereof, of unidentified
anomalous phenomena associated with military
nuclear assets, including strategic nuclear
weapons and nuclear-powered ships and
submarines.
``(xiv) In consultation with the
Administrator for Nuclear Security, the number
of reported incidents, and descriptions
thereof, of unidentified anomalous phenomena
associated with facilities or assets associated
with the production, transportation, or storage
of nuclear weapons or components thereof.
``(xv) In consultation with the Chairman of
the Nuclear Regulatory Commission, the number
of reported incidents, and descriptions
thereof, of unidentified anomalous phenomena or
drones of unknown origin associated with
nuclear power generating stations, nuclear fuel
storage sites, or other sites or facilities
regulated by the Nuclear Regulatory Commission.
``(xvi) The names of the line organizations
that have been designated to perform the
specific functions under subsections (d) and
(e), and the specific functions for which each
such line organization has been assigned
primary responsibility.
``(xvii) A summary of the reports received
using the mechanism for authorized reporting
established under section 1673 of the National
Defense Authorization Act for Fiscal Year 2023.
``(2) Form.--Each report submitted under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
``(l) Semiannual Briefings.--
``(1) Requirement.--Not later than December 31, 2022, and
not less frequently than semiannually thereafter until December
31, 2026, the Director of the Office shall provide to the
appropriate congressional committees classified briefings on
unidentified anomalous phenomena.
``(2) First briefing.--The first briefing provided under
paragraph (1) shall include all incidents involving
unidentified anomalous phenomena that were reported to the
Unidentified Aerial Phenomena Task Force or to the Office
established under subsection (a) after June 24, 2021,
regardless of the date of occurrence of the incident.
``(3) Subsequent briefings.--Each briefing provided
subsequent to the first briefing described in paragraph (2)
shall include, at a minimum, all events relating to
unidentified anomalous phenomena that occurred during the
previous 180 days, and events relating to unidentified
anomalous phenomena that were not included in an earlier
briefing.
``(4) Instances in which data was not shared.--For each
briefing period, the Director of the Office shall jointly
provide to the chairman or chair and the ranking member or vice
chairman of the congressional committees specified in
subparagraphs (A) and (D) of subsection (n)(1) an enumeration
of any instances in which data relating to unidentified
anomalous phenomena was not provided to the Office because of
classification restrictions on that data or for any other
reason.
``(m) Task Force Termination.--Not later than the date on which the
Secretary of Defense establishes the Office under subsection (a), the
Secretary shall terminate the Unidentified Aerial Phenomena Task Force.
``(n) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the following:
``(A) The Committees on Armed Services of the
Senate and the House of Representatives.
``(B) The Committees on Appropriations of the
Senate and the House of Representatives.
``(C) The Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
``(D) The Select Committee on Intelligence of the
Senate and the Permanent Select Committee on
Intelligence of the House of Representatives.
``(E) The Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives.
``(F) The Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Science, Space, and Technology of the House of
Representatives.
``(2) Congressional defense committees.--The term
`congressional defense committees' has the meaning given such
term in section 101(a) of title 10, United States Code.
``(3) Congressional intelligence committees.--The term
`congressional intelligence committees' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
``(4) Congressional leadership.--The term `congressional
leadership' means--
``(A) the majority leader of the Senate;
``(B) the minority leader of the Senate;
``(C) the Speaker of the House of Representatives;
and
``(D) the minority leader of the House of
Representatives.
``(5) Intelligence community.--The term `intelligence
community' has the meaning given such term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
``(6) Line organization.--The term `line organization'
means, with respect to a department or agency of the Federal
Government, an organization that executes programs and
activities to directly advance the core functions and missions
of the department or agency to which the organization is
subordinate, but, with respect to the Department of Defense,
does not include a component of the Office of the Secretary of
Defense.
``(7) Transmedium objects or devices.--The term
`transmedium objects or devices' means objects or devices that
are--
``(A) observed to transition between space and the
atmosphere, or between the atmosphere and bodies of
water; and
``(B) not immediately identifiable.
``(8) Unidentified anomalous phenomena.--The term
`unidentified anomalous phenomena' means--
``(A) airborne objects that are not immediately
identifiable;
``(B) transmedium objects or devices; and
``(C) submerged objects or devices that are not
immediately identifiable and that display behavior or
performance characteristics suggesting that the objects
or devices may be related to the objects described in
subparagraph (A).''.
(b) Clerical Amendment.--The table of contents in section 2(b) of
such Act is amended by striking the item relating to section 1683 of
division A and inserting the following new item:
``Sec. 1683. Establishment of All-domain Anomaly Resolution Office.''.
SEC. 6803. COMPTROLLER GENERAL OF THE UNITED STATES AUDITS AND
BRIEFINGS ON UNIDENTIFIED ANOMALOUS PHENOMENA HISTORICAL
RECORD REPORT.
(a) Definitions.--In this section, the terms ``congressional
leadership'' and ``Office'' have the meanings given such terms in
section 1683 of the National Defense Authorization Act for Fiscal Year
2022 (50 U.S.C. 3373), as amended by section 6802.
(b) Audit.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall identify appropriately cleared personnel of
the Government Accountability Office to audit the historical
record report process described in section 1683 of the National
Defense Authorization Act for Fiscal Year 2022 (50 U.S.C.
3373), as amended by section 6802, including personnel to
conduct work on-site as appropriate.
(2) Provision of information.--On a quarterly basis, and as
appropriate and consistent with Government Auditing Standards,
the Comptroller General of the United States shall provide the
Office with information on the findings of any audits conducted
by the personnel identified under paragraph (1).
(c) Verbal Briefings.--Not later than 180 days after the date of
the enactment of this Act, and semiannually thereafter, the Comptroller
General of the United States shall verbally brief the congressional
intelligence committees, the congressional defense committees, and
congressional leadership on the progress of the Office with respect to
the historical record report described in section 1683 of the National
Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373), as
amended by section 6802, and compliance with legislative requirements.
(d) Rule of Construction.--Nothing in this section shall be
construed to restrict access of a committee of Congress under section
719(f) of title 31, United States Code, to an audit under subsection
(b).
SEC. 6804. REPORT ON PRECURSOR CHEMICALS USED IN THE PRODUCTION OF
SYNTHETIC OPIOIDS.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on the Judiciary, the Committee on
Homeland Security and Governmental Affairs, the Committee on
Foreign Relations, the Committee on Commerce, Science, and
Transportation, and the Committee on Appropriations of the
Senate; and
(3) the Committee on the Judiciary, the Committee on
Homeland Security, the Committee on Foreign Affairs, the
Committee on Energy and Commerce, and the Committee on
Appropriations of the House of Representatives.
(b) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress a report on licit
precursor chemicals originating abroad, including in the People's
Republic of China and any other country the Director considers
appropriate, that are bound for use in the illicit production of
synthetic opioids intended for distribution in the United States.
(c) Form of Report.--The report submitted under subsection (b)
shall be submitted in unclassified form, but may include a classified
annex produced consistent with the protection of sources and methods.
SEC. 6805. ASSESSMENT AND REPORT ON MASS MIGRATION IN THE WESTERN
HEMISPHERE.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on
the Judiciary, the Committee on Homeland Security and
Governmental Affairs, and the Committee on Appropriations of
the Senate; and
(3) the Committee on Foreign Affairs, the Committee on the
Judiciary, the Committee on Homeland Security, and the
Committee on Appropriations of the House of Representatives.
(b) In General.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall
assess, and submit to the appropriate committees of Congress a report
on--
(1) the threats to the interests of the United States
created or enhanced by, or associated with, the mass migration
of people within the Western Hemisphere, particularly to the
southern border of the United States; and
(2) the use of or the threat of using mass migration in the
Western Hemisphere by the regimes of Daniel Ortega in
Nicaragua, Nicolas Maduro in Venezuela, and the regime of
Miguel Diaz-Canel and Raul Castro in Cuba--
(A) to effectively curate populations so that
people who remain in those countries are powerless to
meaningfully dissent; and
(B) to enable the increase of remittances from
migrants residing in the United States as a result of
the mass migration to help finance the regimes in
Nicaragua, Venezuela, and Cuba.
(c) Form of Report.--The report submitted under subsection (b)
shall be submitted in unclassified form, but may include a classified
annex.
SEC. 6806. REPORT ON INTERNATIONAL NORMS, RULES, AND PRINCIPLES
APPLICABLE IN SPACE.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the congressional defense committees;
(3) the Committee on Foreign Relations and the Committee on
Commerce, Science, and Transportation of the Senate; and
(4) the Committee on Foreign Affairs, the Committee on
Science, Space, and Technology, and the Committee on Energy and
Commerce of the House of Representatives.
(b) In General.--Not later than 90 days after the date of the
enactment of this Act, the Chair of the National Space Council, in
consultation with the Director of National Intelligence, the Secretary
of State, the Secretary of Defense, the Secretary of Commerce, the
Administrator of the National Aeronautics and Space Administration, and
the heads of any other agencies as the Chair considers necessary, shall
submit to the appropriate committees of Congress a report on voluntary,
non-legally binding responsible international norms, rules, and
principles applicable in space.
(c) Elements.--The report submitted under subsection (b) shall--
(1) identify threats to the interests of the United States
in space that may be mitigated by voluntary, non-legally
binding responsible international norms, rules, and principles;
(2) identify opportunities for the United States to
influence voluntary, non-legally binding responsible
international norms, rules, and principles applicable in space,
including through bilateral and multilateral engagement;
(3) assess the willingness of space faring foreign nations
to adhere to voluntary, non-legally-binding responsible
international norms, rules, or principles applicable in space;
(4) include a list and description of known or suspected
adversary offensive weapon systems that could be used to
degrade or destroy satellites in orbit during the previous five
years;
(5) include a list and description of known or suspected
adversary offensive weapon systems in development that could be
used to degrade or destroy satellites that are anticipated to
be put operational during the course of the next five years;
and
(6) include an analysis of the extent to which adversary
space faring foreign nations use civilian and commercial space
assets, and civilian and commercial space relationship, to
advance military and intelligence programs and activities.
(d) Input From Commercial Space Sector.--In identifying threats
under subsection (c)(1), the Chair of the National Space Council shall
obtain input from the commercial space sector.
(e) Form.--The report submitted under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 6807. ASSESSMENTS OF THE EFFECTS OF SANCTIONS IMPOSED WITH RESPECT
TO THE RUSSIAN FEDERATION'S INVASION OF UKRAINE.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Armed
Services, and the Committee on Appropriations of the Senate;
and
(3) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Armed Services, the
Committee on Ways and Means, and the Committee on
Appropriations of the House of Representatives.
(b) In General.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter for 2 years, the
Director of National Intelligence shall, in coordination with the
Secretary of State, the Secretary of the Treasury, and the heads of
such other government agencies as the Director considers appropriate,
submit to the appropriate committees of Congress an assessment of the
cumulative and material effects of the sanctions imposed by the United
States, European countries, and the international community with
respect to the Russian Federation in response to the February 24, 2022,
full-scale invasion of Ukraine and subsequent actions by the Russian
Federation.
(c) Elements.--Each assessment submitted under subsection (b) shall
include the following:
(1) A description of efforts by the Russian Federation to
evade or circumvent sanctions imposed by the United States,
European countries, or the international community through
direct or indirect engagement or direct or indirect assistance
from--
(A) the regimes in Cuba and Nicaragua and the
regime of Nicolas Maduro in Venezuela;
(B) the People's Republic of China;
(C) the Islamic Republic of Iran; and
(D) any other country the Director considers
appropriate.
(2) An assessment of the cumulative effect of the efforts
described in paragraph (1), including on the Russian
Federation's strategic relationship with the regimes and
countries described in such paragraph.
(3) A description of the material effect of the sanctions
described in subsection (b), including the effect of those
sanctions on individual sectors of the economy of Russia,
senior leadership, senior military officers, state-sponsored
actors, and other state-affiliated actors in the Russian
Federation that are either directly or incidentally subject to
such sanctions. Such description shall include a discussion of
those sanctions that had significant effects, as well as those
that had no observed effects.
(4) Methodologies for assessing the effects of different
categories of financial and economic sanctions on the targets
of such action, including with respect to specific industries,
entities, individuals, and transactions.
(5) A description of evasion techniques, including the use
of digital assets, used by the Government of Russia, entities
and persons covered by the sanctions, and by other governments,
entities, and persons who have assisted in the use of such
techniques, in response to the sanctions.
(6) A description of any developments by other countries in
creating alternative payment systems as a result of the
invasion of Ukraine.
(7) An assessment of how countries have assessed the risk
of holding reserves in United States dollars since the February
24, 2022, invasion of Ukraine.
(8) If sufficient collection allows, an assessment of the
impact of any general licenses issued in relation to the
sanctions described in subsection (b), including--
(A) the extent to which authorizations for
internet-based communications have enabled continued
monetization by Russian influence actors, while not
silencing human-right activists and independent media;
and
(B) the extent to which licenses authorizing
energy-related transactions have affected the Russian
Federation's ability to earn hard currency.
(d) Form of Assessments.--Each assessment submitted under
subsection (b) shall be submitted in unclassified form and include a
classified annex.
SEC. 6808. ASSESSMENT OF IMPACT OF RUSSIA'S INVASION OF UKRAINE ON FOOD
SECURITY.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(3) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
(b) Assessment.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Director of National
Intelligence shall, in coordination with the Assistant
Secretary of State for Intelligence and Research and such other
heads of elements of the intelligence community as the Director
determines appropriate, submit to the appropriate committees of
Congress an assessment of the current and potential impact of
the invasion by Russia of Ukraine on global food security.
(2) Elements.--The assessment under paragraph (1) shall
include the following:
(A) An assessment of the current and potential
impact of the invasion by Russia of Ukraine on food
security, disaggregated by region.
(B) An analysis of the potential for political
instability and security crises to occur as a result of
such food insecurity, disaggregated by region.
(C) A description of the factors that could reduce
or increase the effects of such food insecurity on
political stability and security, disaggregated by
region.
(D) An assessment of the efforts of Russia to steal
grain from illegally occupied territories in Ukraine
and a list of customers who have purchased such stolen
grain.
(E) An assessment of whether Russia has taken
intentional steps to cause a global food shortage.
(3) Form.--The assessment under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Briefing.--Not later than 30 days after the date on which the
assessment prepared under subsection (b)(1) is completed, the Director
of National Intelligence shall brief the appropriate committees of
Congress on the findings of the Director with respect to the
assessment.
SEC. 6809. PILOT PROGRAM FOR DIRECTOR OF FEDERAL BUREAU OF
INVESTIGATION TO UNDERTAKE AN EFFORT TO IDENTIFY
INTERNATIONAL MOBILE SUBSCRIBER IDENTITY-CATCHERS.
Section 5725 of the Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020
(50 U.S.C. 3024 note; Public Law 116-92) is amended--
(1) in subsection (a), in the matter before paragraph (1)--
(A) by striking ``The Director of National
Intelligence and the Director of the Federal Bureau of
Investigation'' and inserting ``The Director of the
Federal Bureau of Investigation'';
(B) by inserting ``the Director of National
Intelligence,'' before ``the Under Secretary''; and
(C) by striking ``Directors determine'' and
inserting ``Director of the Federal Bureau of
Investigation determines'';
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (a) the following:
``(b) Pilot Program.--
``(1) In general.--The Director of the Federal Bureau of
Investigation, in collaboration with the Director of National
Intelligence, the Under Secretary of Homeland Security for
Intelligence and Analysis, and the heads of such other Federal,
State, or local agencies as the Director of the Federal Bureau
of Investigation determines appropriate, and in accordance with
applicable law and policy, shall conduct a pilot program
designed to implement subsection (a)(1)(A) with respect to the
National Capital Region.
``(2) Commencement; completion.--The Director of the
Federal Bureau of Investigation shall--
``(A) commence carrying out the pilot program
required by paragraph (1) not later than 180 days after
the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2023; and
``(B) complete the pilot program not later than 2
years after the date on which the Director commences
carrying out the pilot program under subparagraph (A).
``(c) Notifications Required.--The Director of the Federal Bureau
of Investigation shall notify the majority leader of the Senate, the
minority leader of the Senate, the Speaker of the House of
Representatives, the minority leader of the House of Representatives,
and the Capitol Police Board of--
``(1) the placement of sensors designed to identify
International Mobile Subscriber Identity-catchers capable of
conducting surveillance against the United States Capitol or
associated buildings and facilities; and
``(2) the discovery of any International Mobile Subscriber
Identity-catchers capable of conducting surveillance against
the United States Capitol or associated buildings and
facilities and any countermeasures against such International
Mobile Subscriber Identity-catchers.''; and
(4) in subsection (d), as redesignated by paragraph (2)--
(A) in the matter before paragraph (1), by striking
``Prior'' and all that follows through
``Investigation'' and inserting ``Not later than 180
days after the date on which the Director of the
Federal Bureau of Investigation determines that the
pilot program required by subsection (b)(1) is
operational, the Director'';
(B) in paragraph (1), by striking ``within the
United States''; and
(C) in paragraph (2), by striking ``by the
intelligence community'' and inserting ``deployed by
the Federal Bureau of Investigation''.
SEC. 6810. DEPARTMENT OF STATE BUREAU OF INTELLIGENCE AND RESEARCH
ASSESSMENT OF ANOMALOUS HEALTH INCIDENTS.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(3) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(b) Assessment Required.--Not later than 90 days after the date of
the enactment of this Act, the Assistant Secretary of State for
Intelligence and Research shall submit to the appropriate committees of
Congress an assessment of the findings relating to the events that have
been collectively labeled as ``anomalous health incidents''.
(c) Contents.--The assessment submitted under subsection (b) shall
include the following:
(1) Any diplomatic reporting or other relevant information
on the causation of anomalous health incidents.
(2) Any diplomatic reporting or other relevant information
on any person or entity who may be responsible for such
incidents.
(3) Detailed plans, including metrics, timelines, and
measurable goals, for the Bureau of Intelligence and Research
to understand anomalous health incidents and share findings
with other elements of the intelligence community.
SEC. 6811. REPEAL AND MODIFICATION OF CERTAIN REPORTING AND BRIEFING
REQUIREMENTS.
(a) Reports on Security Services of the People's Republic of China
in the Hong Kong Special Administrative Region.--Section 1107A of the
National Security Act of 1947 (50 U.S.C. 3237a) is repealed.
(b) Annual Update to Report on Foreign Weaponization of Deepfakes
and Deepfake Technology.--Section 5709 of the National Defense
Authorization Act for Fiscal Year 2020 (50 U.S.C. 3369a) is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
(c) Information Sharing Performance Management Reports.--
(1) In general.--Section 1016 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C. 485) is
amended--
(A) by striking subsection (h); and
(B) by redesignating subsections (i) through (l) as
subsections (h) through (k), respectively.
(2) Conforming amendment.--Section 210(b) of the Homeland
Security Act of 2002 (6 U.S.C. 124g(b)) is amended by striking
``section 1016(i) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485(i))'' and inserting
``section 1016(h) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485(h))''.
(d) Periodic Reports on Activities of Privacy Officers and Civil
Liberties Officers.--Section 1062(f)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee-1(f)(1)) is amended,
in the matter preceding subparagraph (A), by striking ``semiannually''
and inserting ``annually''.
(e) Briefing on Hizballah's Assets and Activities Related to
Fundraising, Financing, and Money Laundering World-wide.--Section
204(b) of the Hizballah International Financing Prevention Act of 2015
(Public Law 114-102; 129 Stat. 2212) is amended by striking ``every 180
days'' and inserting ``annually''.
(f) Inspectors General Reports on Classification.--Section 6721(a)
of the National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 2231) is amended by striking ``per year in each
of the three'' and inserting ``every two years in each of the six''.
(g) Report on Efforts of State Sponsors of Terrorism, Other Foreign
Countries, or Entities to Illicitly Acquire Satellites and Related
Items.--Section 1261(e)(1) of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2019) is amended by
striking ``annually'' and inserting ``once every two years''.
(h) Reports and Briefings on Director of National Intelligence
Program on Use of Intelligence Resources in Efforts to Sanction Foreign
Opioid Traffickers.--Section 7231(c) of the National Defense
Authorization Act for Fiscal Year 2020 (21 U.S.C. 2331(c)) is amended--
(1) in the subsection heading, by inserting ``and
Briefings'' after ``Reports''; and
(2) in paragraph (1)--
(A) by striking ``(1) Quarterly reports on
program.--Not later than'' and inserting the following:
``(1) Reports and briefings on program.--
``(A) Annual reports.--Not later than'';
(B) in subparagraph (A), as designated by
subparagraph (A) of this paragraph--
(i) by striking ``every 90 days'' and
inserting ``annually'';
(ii) by striking ``90-day period'' and
inserting ``year''; and
(iii) by striking ``under this paragraph''
and inserting ``under this subparagraph''; and
(C) by adding at the end the following:
``(B) Semiannual briefings.--On a semiannual basis,
the Director of National Intelligence and the Director
of the Office of National Drug Control Policy shall
jointly brief the appropriate congressional committees
and leadership on the status and accomplishments of the
program required by subsection (a).''.
SEC. 6812. INCREASED INTELLIGENCE-RELATED ENGINEERING, RESEARCH, AND
DEVELOPMENT CAPABILITIES OF MINORITY INSTITUTIONS.
(a) Plan.--
(1) Requirement.--The Director of National Intelligence
shall develop a plan to promote intelligence-related
engineering, research, and development activities at covered
institutions for the purpose of contributing toward the
research necessary to achieve the intelligence advantage of the
United States.
(2) Elements.--The plan under paragraph (1) shall include
the following:
(A) An assessment of opportunities to support
engineering, research, and development at covered
institutions in computer sciences, including artificial
intelligence, quantum computing, and machine learning,
and synthetic biology and an assessment of
opportunities to support the associated workforce and
physical research infrastructure of such institutions.
(B) An assessment of opportunities to enhance the
ability of covered institutions--
(i) to participate in intelligence-related
engineering, research, and development
activities; and
(ii) to effectively compete for
intelligence-related engineering, research and
development contracts in support of the most
urgent research requirements of the
intelligence community.
(C) An assessment of the activities and investments
the Director determines necessary--
(i) to expand opportunities for covered
institutions to partner with other research
organizations and educational institutions that
the intelligence community frequently partners
with to conduct research; and
(ii) to increase participation of covered
institutions in intelligence-related
engineering, research, and development
activities.
(D) Recommendations identifying actions that may be
taken by the Director, Congress, covered institutions,
and other organizations to increase participation of
such institutions in intelligence-related engineering,
research, and development activities and contracts.
(E) Specific goals, incentives, and metrics to
increase and measure the capacity of covered
institutions to address the engineering, research, and
development needs of the intelligence community.
(3) Consultation.--In developing the plan under paragraph
(1), the Director shall consult with covered institutions and
other departments or agencies of the United States Government
or private sector organizations that the Director determines
appropriate.
(4) Report.--Not later than 1 year after the date of the
enactment of this Act, the Director shall submit to the
congressional intelligence committees, the Subcommittee on
Defense of the Committee on Appropriations of the Senate, and
the Subcommittee on Defense of the Committee on Appropriations
of the House of Representatives, and make publicly available on
the internet website of the Director, a report containing the
plan under paragraph (1).
(b) Activities to Support Research and Engineering Capacity.--
Subject to the availability of appropriations for such purpose, the
Director may establish a program to award contracts, grants, or other
agreements, on a competitive basis, and to perform other appropriate
activities, for any of the following purposes:
(1) Developing the capability, including the workforce and
the research infrastructure, for covered institutions to more
effectively compete for intelligence-related engineering,
research, and development activities and contracts.
(2) Any other purposes the Director determines appropriate
to enhance the capabilities of covered institutions to carry
out intelligence-related engineering, research, and development
activities and contracts.
(c) Increased Partnerships Between IARPA and Covered
Institutions.--The Director shall establish goals and incentives to
encourage the Intelligence Advanced Research Projects Activity to--
(1) partner with covered institutions to advance the
research and development needs of the intelligence community
through partnerships and collaborations with the Intelligence
Advanced Research Projects Activity; and
(2) if the Director determines appropriate, foster the
establishment of similar relationships between such
institutions and other organizations that have partnerships
with the Intelligence Advanced Research Projects Activity.
(d) Covered Institution Defined.--In this section, the term
``covered institution'' means the following:
(1) A part B institution (as defined in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061)).
(2) An institution of higher education (as defined in
section 101 of the Higher Education Act of 1965(20 U.S.C.
1001)) not covered by paragraph (1) at which not less than 50
percent of the total student enrollment consists of students
from ethnic groups that are underrepresented in the fields of
science and engineering, as determined by the Director of
National Intelligence.
SEC. 6813. REPORTS ON PERSONNEL VETTING PROCESSES AND PROGRESS UNDER
TRUSTED WORKFORCE 2.0 INITIATIVE.
(a) Definitions.--In this section:
(1) Authorized adjudicative agency; authorized
investigative agency; personnel security investigation;
periodic reinvestigation.--The terms ``authorized adjudicative
agency'', ``authorized investigative agency'', ``personnel
security investigation'', and ``periodic reinvestigation'' have
the meanings given those terms in section 3001(a) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(a)).
(2) Continuous vetting; council; security executive
agent.--The terms ``continuous vetting'', ``Council'', and
``Security Executive Agent'' have the meanings given those
terms in section 6601 of the Damon Paul Nelson and Matthew
Young Pollard Intelligence Authorization Act for Fiscal Years
2018, 2019, and 2020 (50 U.S.C. 3352).
(b) Reports.--Not later than September 30, 2023, and annually
thereafter until September 30, 2027, the Security Executive Agent, in
coordination with the Chair and other Principals of the Council, shall
submit to Congress a report on the personnel vetting processes of the
United States Government.
(c) Elements.--Each report under subsection (b) shall include, with
respect to the preceding fiscal year, the following:
(1) An analysis of the timeliness, costs, and other related
information for the initiations, investigations (including
initial investigations and any required periodic
reinvestigations), and adjudications for personnel vetting
purposes. Such analysis shall include the following:
(A) The average periods of time taken (from the
date of an agency's receipt of a completed security
clearance application to the date of the ultimate
disposition and notification to the subject and the
employer of the subject) by each authorized
investigative agency and authorized adjudicative
agency, to the greatest extent practicable, to initiate
investigations, conduct investigations, and adjudicate
security clearances, as compared with established
timeliness objectives.
(B) The number of initial investigations and
periodic reinvestigations initiated and adjudicated by
each authorized investigative agency and authorized
adjudicative agency, to the extent practicable.
(C) The number of initial investigations and
periodic reinvestigations carried over to the fiscal
year covered by the report from a prior fiscal year by
each authorized investigative agency and authorized
adjudicative agency, to the greatest extent
practicable.
(D) The number of initial investigations and
periodic reinvestigations that resulted in a denial or
revocation of a security clearance by each authorized
adjudicative agency.
(E) The costs to the executive branch relating to
personnel security clearance initiations,
investigations, adjudications, revocations, and
continuous vetting with respect to such clearances.
(F) A discussion of any impediments, including with
respect to resources, personnel, or authorities, to the
timely processing of personnel security clearances.
(G) The number of individuals who hold a personnel
security clearance and are enrolled in a program of
continuous vetting with respect to such clearance, and
the numbers and types of adverse actions taken by each
authorized adjudicative agency as a result of such
continuous vetting.
(H) The number of personnel security clearances
awaiting or under investigation (including initial
investigation and periodic reinvestigation) by the
Director of the Defense Counterintelligence and
Security Agency and each authorized investigative
agency.
(I) Such other information as the Security
Executive Agent may determine appropriate, including
any recommendations to improve the effectiveness,
timeliness, and efficiency of personnel security
clearance initiations, investigations, and
adjudications.
(2) An analysis of the status of the implementation of the
Trusted Workforce 2.0 initiative sponsored by the Council,
including the following:
(A) A list of the policies issued by the Council
for the Trusted Workforce 2.0 initiative, and a list of
expected issuance dates for planned policies of the
Council for such initiative.
(B) A list of the departments and agencies of the
executive branch that have identified a senior
implementation official to be accountable for the
implementation of the Trusted Workforce 2.0 initiative,
in accordance with the memorandum on transforming
Federal personnel vetting issued by the Assistant to
the President for National Security Affairs on December
14, 2021, including an identification of the position
of such senior implementation official within the
respective department or agency.
(C) A list of the departments and agencies of the
executive branch that have submitted implementation
plans, and subsequent progress reports, with respect to
the Trusted Workforce 2.0 initiative, as required by
the memorandum specified in subparagraph (B).
(D) A summary of the progress that the departments
and agencies of the executive branch have made
implementing the Trusted Workforce 2.0 initiative.
(3) An analysis of the transfers between, and reciprocal
recognition among, the heads of the departments and agencies of
the executive branch of security clearance background
investigations and determinations and other investigations and
determinations relating to personnel vetting (including with
respect to trust, suitability, fitness, credentialing, and
access). Such analysis shall include, with respect to such
investigations and determinations, the following:
(A) The number of employees for whom a prior such
investigation or determination was recognized and
accepted by the head of a department or agency without
the head requiring additional investigative or
adjudicative steps, disaggregated by department or
agency, to the greatest extent practicable.
(B) The number of employees for whom a prior such
investigation or determination was not recognized or
accepted by the head of a department or agency without
the head requiring additional investigative or
adjudicative steps, disaggregated by department or
agency, to the greatest extent practicable.
(C) The reasons most frequently cited by such heads
for the failure to recognize or accept a prior such
investigation or determination, disaggregated by
department or agency.
(D) The average number of days for the head of a
department or agency to recognize and accept a prior
such investigation or determination (from the date the
head initiates the process to consider the prior
investigation or determination for recognition and
acceptance, to the date the head makes a final
determination on such recognition and acceptance),
disaggregated by agency, to the greatest extent
practicable.
(4) A discussion of any impediments, constraints, and
opportunities relating to--
(A) the timeliness of the personnel security
clearance process across the United States Government;
(B) the implementation of the Trusted Workforce 2.0
initiative;
(C) the transfer and reciprocal recognition of
determinations relating to personnel vetting between
and among departments and agencies; and
(D) the completeness and provision of data from
elements of the intelligence community, pursuant to
paragraphs (1), (2), and (3) of this subsection.
SEC. 6814. REPORTS RELATING TO PROGRAMS OF RECORD OF NATIONAL
GEOSPATIAL-INTELLIGENCE AGENCY.
(a) Findings.--Congress finds the following:
(1) The comprehensive identification of National
Geospatial-Intelligence Agency programs and activities, to
include significant, enduring programs determined by the Agency
to be ``programs of record'', is a critical element for
enabling budget auditability and oversight by the Office of the
Director of National Intelligence, the Office of Management and
Budget, and the congressional intelligence committees.
(2) In order to improve how the National Geospatial-
Intelligence Agency justifies and oversees resources in support
of core missions and authorities, the Agency has committed to
establish a deliberate acquisition structure, modeled after
Department of Defense best practices, with programs and
activities aligned under a Program Executive Office structure.
(3) Establishing an effective Program Executive Office
structure at the National Geospatial-intelligence Agency will
ensure clearly articulated acquisition efforts that have
defined requirements and program scope with traceability from
capabilities to deliverables to Programs of Record to budget
materials.
(b) Reports Required.--
(1) Reports to congressional intelligence committees and
defense subcommittees of congressional appropriations
committees.--Not later than February 1, 2023, the Director of
the National Geospatial-Intelligence Agency, consistent with
the protection of intelligence sources and methods, shall
submit to the congressional intelligence committees, the
Subcommittee on Defense of the Committee on Appropriations of
the Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives reports on the
programs and activities of the Agency. Such reports shall
include, at a minimum, the following:
(A) An identification of any definition for the
term ``program of record'' used by the Agency during
the period beginning October 1, 2017, and ending on the
date of the submission of the report.
(B) A detailed description of each current program
and activity of the Agency, including each current
program of record of the Agency.
(C) A detailed explanation of how funding and other
information relating to each such program of record or
other program or activity may be located within the
budget justification materials submitted to Congress.
(D) An in-process review of the program element
office planning and implementation efforts.
(E) Identification of limitations and additional
support required by the Agency to implement program
element offices and related changes to financial
management systems.
(2) Report to congressional intelligence and defense
committees.--
(A) Definition of appropriate congressional
committees.--In this section, the term ``appropriate
congressional committees'' means--
(i) the congressional intelligence
committees; and
(ii) the Committee on Armed Services and
the Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(iii) the Committee on Armed Services and
Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(B) Report required.--Not later than February 1,
2023, the Director of the National Geospatial-
Intelligence Agency, consistent with the protection of
intelligence sources and methods, shall submit to the
appropriate congressional committees a report on the
programs and activities of the Agency that are funded
in full or in part under the Military Intelligence
Program. Such report shall include, at a minimum, the
following:
(i) An identification of any definition for
the term ``program of record'' used by the
Agency during the period beginning October 1,
2017 and ending on the date of the submission
of the report.
(ii) A detailed description of each current
program and activity of the Agency funded in
full or in part under the Military Intelligence
Program, including each current program of
record of the Agency funded in full or in part
under the Military Intelligence Program.
(iii) A detailed explanation of how funding
and other information relating to each such
program of record or other program or activity
funded in full or in part under the Military
Intelligence Program may be located within the
budget justification materials submitted to
Congress.
(3) Form.--Each report under this subsection may be
submitted in classified form.
SEC. 6815. PLAN REGARDING SOCIAL MEDIA DATA AND THREAT ANALYSIS CENTER.
(a) Definition of Appropriate Congressional Committees.--In this
section, the term ``appropriate congressional committees'' has the
meaning given that term in section 5323(h) of the Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act for Fiscal Years
2018, 2019, and 2020 (50 U.S.C. 3369(h)).
(b) Plan.--Not later than 90 days after the date of the enactment
of this Act, the Director of National Intelligence shall submit to the
appropriate congressional committees a plan to operationalize the
Social Media Data and Threat Analysis Center in accordance with section
5323 of the Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C.
3369).
(c) Elements.--The plan under subsection (b) shall include a
description of how the Social Media Data and Threat Analysis Center
shall--
(1) coordinate with social media companies, independent
organizations and researchers, and other public-facing
internet-based platforms to determine--
(A) what categories of data and metadata are useful
indicators of internet-based foreign malign influence
activities; and
(B) how such data and metadata may be shared
effectively with the Center and with independent
organizations and researchers while protecting the
privacy and civil liberties of United States users of
social media platforms and other public-facing
internet-based platforms; and
(2) develop criteria under which social media companies and
other public-facing internet-based platforms share indicators
of internet-based foreign malign influence activities with the
Center and independent organizations and researchers, including
a description of--
(A) the timeliness and consistency of such sharing
of indicators;
(B) the categories of indicators to be shared; and
(C) the protection, in consultation with the head
of the Office of Civil Liberties, Privacy, and
Transparency as may be appropriate, of privacy, civil
liberties, and constitutionally protected activities of
users of social media platforms and other public-facing
internet-based platforms.
SEC. 6816. REPORT ON USE OF PUBLICLY AVAILABLE SOCIAL MEDIA INFORMATION
IN PERSONNEL VETTING DETERMINATIONS.
(a) Definitions of Continuous Vetting, Council, and Security
Executive Agent.--In this section, the terms ``continuous vetting'',
``Council'', and ``Security Executive Agent'' have the meanings given
those terms in section 6601 of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and
2020 (50 U.S.C. 3352).
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with other heads of the elements of the intelligence
community that the Director determines appropriate, and in consultation
with the other principal members of the Council, shall submit to
Congress a report regarding the current and planned use of publicly
available social media information in the personnel vetting and
security clearance processes.
(c) Elements.--The report under subsection (b) shall include the
following:
(1) A description of how departments and agencies of the
United States Government have implemented Security Executive
Agent Directive 5 titled ``Collection, Use, and Retention of
Publicly Available Social Media Information in Personnel
Security Background Investigations and Adjudications'', and
relevant agency implementing guidance, including Department of
Defense Instruction 1325.06 titled ``Handling Protest,
Extremist, and Criminal Gang Activities among Members of the
Armed Forces''.
(2) A description of how the use of publicly available
social media in personnel vetting determinations and security
clearance investigations and adjudications is, or will be,
captured in the National Background Investigation Services
system and other information technology systems used in the
personnel vetting process.
(3) A description of how publicly available social media
information is used, and will be used, in continuous vetting
and security clearances processes and insider threat programs.
(4) A description of any privacy or civil liberties
concerns with the use of publicly available social media
information in personnel vetting or security clearance
determinations, including a discussion of the risks, benefits,
and drawbacks of allowing for the voluntary provision of, or
voluntary access to, nonpublicly available social media
information in the regular course of personnel vetting and
security clearance processes.
(5) A discussion of the extent to which officials and
entities of the United States Government responsible for
privacy and civil liberties matters, including the Chief of the
Office of Civil Liberties, Privacy, and Transparency of the
Office of the Director of National Intelligence and the civil
liberties officers of departments and agencies of the United
States Government, are involved in the development and
operation of programs to use social media information in
personnel vetting and security clearance processes.
(6) A discussion of any impediments, constraints, risks, or
drawbacks relating to the use of publicly available social
media information in personnel vetting and security clearance
processes, including--
(A) challenges associated with implementation of
Security Executive Agent Directive 5, Department of
Defense Instruction 1325.06, and other relevant
guidance;
(B) the resources required, including with respect
to personnel, funding, and information systems, to
gather, assess, and make use of such information; and
(C) an analysis of the costs and benefits of the
use of publicly available social media information.
(7) An implementation plan for the future use of publicly
available social media information, based on relevant findings
under paragraphs (1) through (6).
SEC. 6817. REPORT ON STRENGTHENING WORKFORCE DIVERSITY PLANNING AND
OVERSIGHT.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the heads of the elements of the intelligence
community, shall submit to the congressional intelligence committees,
the Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives a report discussing
steps to enhance the strategic planning for, measure the progress of,
and assess barriers to workforce diversity in the intelligence
community.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A discussion of existing, updated, or new guidance
requiring all elements of the intelligence community to
maintain current and complete diversity strategic plans that
contain specific objectives, timeframes, and responsibilities.
(2) A discussion of progress made by individual elements
toward maintaining such plans.
(3) A discussion of existing, updated, or new guidance to
ensure individual elements develop performance measures to
assess the contribution of activities toward achieving
diversity goals and overall progress.
(4) A discussion of progress made by individual elements
toward developing measures to assess progress toward achieving
diversity management efforts.
(5) A discussion of existing, updated, or new guidance
ensuring that each element routinely identifies and takes steps
toward eliminating barriers to workforce diversity.
(6) A discussion of steps taken by the Director to ensure
that individual elements are routinely completing required
assessments to identify and eliminate barriers to diversity.
(7) A discussion of steps taken by the Director to
establish specific implementation objectives and timeframes for
the elements that support intelligence community-wide diversity
goals to ensure the elements are held accountable for making
progress.
SEC. 6818. REPORT ON TRANSITION OF NATIONAL RECONNAISSANCE OFFICE TO
DIGITAL ENGINEERING ENVIRONMENT.
(a) Findings.--Congress finds the following:
(1) Potential foreign adversaries are outpacing the United
States in the fielding of new generations of space systems that
dull the edge the United States has enjoyed in space.
(2) A digital engineering environment, also known as
digital systems engineering, reduces the time to field new
space systems.
(3) Digital engineering environment tools enable the rapid
iterations of requirements and architectures into digital
system depictions capable of use by private industry to further
the design and development of space systems.
(b) Sense of Congress.--It is the sense of Congress that, to
maintain a competitive advantage in space, the National Reconnaissance
Office should transition to a digital engineering environment by not
later than 3 years after the date of the enactment of this Act.
(c) Report.--
(1) Submission.--Not later than 180 days after the date of
the enactment of this Act, the Director of the National
Reconnaissance Office shall submit to the appropriate
congressional committees a report that contains the following:
(A) A plan for the transition of the National
Reconnaissance Office to a digital engineering
environment.
(B) An identification of the date by which such
transition shall be completed.
(C) A description of the metrics the Director plans
to use to measure progress made with respect to such
transition and resulting efficiencies gained.
(D) A description of the initial pilot programs of
the National Reconnaissance Office relating to digital
engineering and the plans to expand such pilot programs
in scale and scope with respect to acquisition carried
out under such pilot programs.
(E) A description of any training requirements or
certifications necessary to advance a digital
engineering environment within the National
Reconnaissance Office.
(F) A description of how the Director plans to
incorporate input and best practices from private
industry to facilitate and accelerate the transition of
the National Reconnaissance Office to a digital
engineering environment.
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees; and
(2) the congressional defense committees (as defined in
section 101(a)(16) of title 10, United States Code).
SEC. 6819. BRIEFING ON DEPARTMENT OF HOMELAND SECURITY INTELLIGENCE
ACTIVITIES.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The congressional intelligence committees.
(B) The Committee on Homeland Security and
Governmental Affairs and the Committee on
Appropriations of the Senate.
(C) The Committee on Homeland Security and the
Committee on Appropriations of the House of
Representatives.
(2) Component of the department of homeland security.--The
term ``component of the Department of Homeland Security'' means
the following components of the Department of Homeland
Security:
(A) The Cybersecurity and Infrastructure Security
Agency Threat Management Division.
(B) The Federal Emergency Management Agency
Protection and National Preparedness, Office of
Counterterrorism and Security Preparedness.
(C) The Transportation Security Administration
Office of Intelligence and Analysis.
(D) The United States Citizenship and Immigration
Services Fraud Detection and National Security
Directorate, Field Operations Directorate, and
Collateral Duty Intelligence.
(E) The United States Customs and Border Protection
Office of Intelligence.
(F) The United States Immigration and Customs
Enforcement Homeland Security Investigations, Office of
Intelligence, and Special Agent in Charge Intelligence
Program.
(3) Intelligence activity.--The term ``intelligence
activity'' shall be interpreted consistent with how such term
is used in section 502 of the National Security Act of 1947 (50
U.S.C. 3092).
(b) Briefing on Intelligence Activities.--Consistent with section
501 of the National Security Act of 1947 (50 U.S.C. 3091), not later
than 30 days after the date of the enactment of this Act, the Chief
Intelligence Officer of the Department of Homeland Security shall
provide the appropriate congressional committees a briefing on the
intelligence activities of elements of the Department of Homeland
Security that are not elements of the intelligence community. Such
briefing shall include the following:
(1) A comprehensive description of all intelligence
activities conducted during the period beginning on January 1,
2018, and ending on the date of the briefing, by any component
of the Department of Homeland Security that conducts
intelligence activities.
(2) With respect to each such intelligence activity, a
description of the activity, including, at a minimum--
(A) the nature of the activity;
(B) the component undertaking the activity;
(C) the legal authority for such activity; and
(D) the source of funding for such activity.
(3) A description and the quantity of any types of finished
intelligence products, or intelligence information reports,
produced or contributed to by a component of the Department of
Homeland Security that conducts intelligence activities during
the period specified in paragraph (1).
(4) An identification of any external or internal
guidelines, policies, processes, practices, or programs
governing the collection, retention, analysis, or dissemination
by such a component of information regarding United States
citizens, lawful permanent residents of the United States, or
individuals located within the United States.
(c) Form.--The briefing under subsection (b) may be provided in
classified form.
(d) Additional Briefings.--Not later than 1 year after the date on
which the Chief Intelligence Officer provides the briefing under
subsection (b) and not less frequently than once each year thereafter,
the Chief Intelligence Officer shall provide the appropriate
congressional committees a briefing on any new intelligence activities
commenced by any component of the Department of Homeland Security and
any that have been terminated.
SEC. 6820. REPORT ON DECLASSIFICATION EFFORTS OF CENTRAL INTELLIGENCE
AGENCY.
Not later than 270 days after the date of the enactment of this
Act, the Inspector General of the Central Intelligence Agency shall
submit to the congressional intelligence committees, the Subcommittee
on Defense of the Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of the House
of Representatives a report on the declassification efforts of the
Central Intelligence Agency. Such report shall include--
(1) an identification of the resources that are dedicated
to such efforts; and
(2) an assessment as to whether such resources are
sufficient.
SEC. 6821. REPORT ON NATIONAL SPACE INTELLIGENCE CENTER.
(a) Report.--Not later than March 1, 2023, the Director of National
Intelligence, in coordination with the Chief of Space Operations, shall
submit to the appropriate congressional committees a report on the
National Space Intelligence Center.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) A description of the status of the National Space
Intelligence Center since the activation of the Center and the
implications of the Center being aligned under a Field Command
rather than a field operating agency aligned to the Director of
Intelligence, Surveillance, and Reconnaissance of the Space
Force.
(2) A review of the ability of the Center to address the
full set of national space intelligence analytical demands
(including with respect to acquisition and operational mission
requirements of the Space Force, the Department of Defense, the
intelligence community, and other national customers) while
being assigned as a subordinate to Space Operations Command, a
Field Command, including--
(A) an assessment of the ability of the Center to
respond to the broadest space intelligence requirements
as compared to a service specific need; and
(B) a review specifically addressing any perceived
mission misalignment, potential mitigating measures, or
other structural organization concerns.
(3) An assessment of--
(A) the current resourcing posture, including any
additional personnel required as a result of
subordination to a Field Command; and
(B) the resourcing posture if the Center were
aligned to the Director of Intelligence, Surveillance,
and Reconnaissance of the Space Force as described in
paragraph (1).
(4) Lessons learned since unit activation, including with
respect to--
(A) organizational efficiencies and inefficiencies;
(B) financial implications;
(C) organizational redundancy;
(D) parity mismatch and synergies with other
service intelligence centers; and
(E) lessons learned through comparisons to other
service intelligence centers organized as a field
operating agency and aligned under the senior
intelligence officer of the respective Armed Force.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The congressional defense committees (as defined in
section 101(a)(16) of title 10, United States Code).
SEC. 6822. REPORT ON IMPLEMENTATION OF EXECUTIVE ORDER 13556, REGARDING
CONTROLLED UNCLASSIFIED INFORMATION.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the Senate; and
(3) the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence and the
Under Secretary of Defense for Intelligence and Security, in
coordination with the heads of other elements of the intelligence
community, shall submit to the appropriate committees of Congress a
report on the implementation by the intelligence community of Executive
Order 13556 (44 U.S.C. 3501 note; relating to controlled unclassified
information).
(c) Sense of Congress.--It is the sense of Congress that the
National Security Council should accelerate the process of revising or
replacing Executive Order 13556.
SEC. 6823. NATIONAL MUSEUM OF INTELLIGENCE AND SPECIAL OPERATIONS.
(a) Recognition.--The privately-funded museum to honor the
intelligence community and special operations forces that is planned to
be constructed in Ashburn, Virginia, may be recognized, upon
completion, as the ``National Museum of Intelligence and Special
Operations''.
(b) Purposes.--The purpose of recognizing the National Museum of
Intelligence and Special Operations under subsection (a) are to--
(1) commemorate the members of the intelligence community
and special operations forces who have been critical to
securing the Nation against enemies of the United States for
nearly a century;
(2) preserve and support the historic role that the
intelligence community and special operations forces have
played, and continue to play, both in secrecy as well as
openly, to keep the United States and its values and way of
life secure; and
(3) foster a greater understanding of the intelligence
community and special operations forces to ensure a common
understanding, dispel myths, recognize those who are not
otherwise able to be publicly recognized, and increase science,
technology, engineering, and math education through museum
programs designed to promote more interest and greater
diversity in recruiting with respect to the intelligence and
special operations career field.
SEC. 6824. TECHNICAL CORRECTIONS.
(a) National Security Act of 1947.--The National Security Act of
1947 (50 U.S.C. 3001 et seq.), as amended by this Act, is further
amended as follows:
(1) In section 105(a)(1) (50 U.S.C. 3038(a)(1)), by
striking ``chairman'' and inserting ``Chairman''.
(2) In section 113B(b) (50 U.S.C. 3049a(b))--
(A) in paragraph (1)(A), by striking ``Under
Secretary of Defense for Intelligence'' and inserting
``Under Secretary of Defense for Intelligence and
Security''; and
(B) in paragraph (4), by striking ``section 226 of
the Homeland Security Act of 2002 (6 U.S.C. 147)'' and
inserting ``section 2208 of the Homeland Security Act
of 2002 (6 U.S.C. 658)''.
(3) In section 118(a) (50 U.S.C. 3055(a)), by striking ``a
annual'' and inserting ``an annual''.
(4) In section 301(j) (50 U.S.C. 3071(j)), by striking
``and includes'' and inserting ``and including''.
(5) In section 506G(c) (50 U.S.C. 3103(c)), by striking
``pursuant section'' and inserting ``pursuant to section''.
(6) In section 507(a)(1) (50 U.S.C. 3106(a)(1)), by
striking ``Generals'' and inserting ``General''.
(7) In section 1024(g)(7)(A) (50 U.S.C. 3224(g)(7)(A)), by
striking ``places'' and inserting ``place''.
(8) In section 1104(b)(1)(B) (50 U.S.C. 3234(b)(1)(B)), by
striking the period at the end and inserting a semicolon.
(b) Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020.--The Damon
Paul Nelson and Matthew Young Pollard Intelligence Authorization Act
for Fiscal Years 2018, 2019, and 2020 (division E of Public Law 116-92)
is amended--
(1) in section 5704(b)(1) (50 U.S.C. 3334b(b)(1)), by
striking ``, and subject to paragraph (3)'';
(2) in section 6316 (50 U.S.C. 3334b note), by striking
``congressional committees'' and inserting ``congressional
intelligence committees''; and
(3) in section 6604 (50 U.S.C. 3352c), by striking
``subsections (b) and (c)'' both places it appears and
inserting ``subsections (a) and (b)''.
(c) Intelligence Authorization Act for Fiscal Year 2012.--Section
309(a)(5) of the Intelligence Authorization Act for Fiscal Year 2012
(50 U.S.C. 3334e) is amended by striking ``section 3542(b)'' and
inserting ``section 3552''.
(d) Public Interest Declassification Act of 2000.--The Public
Interest Declassification Act of 2000 (50 U.S.C. 3355 et seq.) is
amended--
(1) in section 703(a)(2) (50 U.S.C. 3355a(a)(2)), by
striking ``Executive Order 12958'' and inserting ``Executive
Order 13526'';
(2) in section 704(e)(3) (50 U.S.C. 3355b(e)(3)), by
striking the comma before ``shall'';
(3) in section 705(c) (50 U.S.C. 3355c(c)), by striking
``section 103(c)(6) of the National Security Act of 1947 (50
U.S.C. 403-3(c)(6))'' and inserting ``section 102A(i) of the
National Security Act of 1947 (50 U.S.C. 3024(i))''; and
(4) in section 706 (50 U.S.C. 3355d), by striking
``Executive Order No. 12958'' both places it appears and
inserting ``Executive Order 13526''.
DIVISION G--HOMELAND SECURITY
TITLE LXXI--HOMELAND SECURITY MATTERS
Subtitle A--Strengthening Security in Our Communities
Sec. 7101. Enhancements to funding and administration of Nonprofit
Security Grant Program of the Department of
Homeland Security.
Sec. 7102. Preservation of homeland security capabilities.
Sec. 7103. School and daycare protection.
Sec. 7104. Cybersecurity grants for schools.
Sec. 7105. Transnational Criminal Investigative Unit Stipend.
Sec. 7106. Chemical Security Analysis Center.
Subtitle B--Strengthening DHS Management, Policymaking, and Operations
Sec. 7111. Joint Task Forces of the Department of Homeland Security.
Sec. 7112. Homeland Procurement Reform Act.
Sec. 7113. Daily public report of covered contract awards.
Sec. 7114. Preference for United States industry.
Sec. 7115. Department of Homeland Security mentor-protege program.
Sec. 7116. DHS economic security council.
Subtitle C--Enhancing Cybersecurity Training and Operations
Sec. 7121. President's Cup Cybersecurity Competition.
Sec. 7122. Industrial control systems cybersecurity training.
Sec. 7123. National Computer Forensics Institute reauthorization.
Sec. 7124. Report on cybersecurity roles and responsibilities of the
Department of Homeland Security.
Subtitle D--Enhancing Transportation and Border Security Operations
Sec. 7131. TSA reaching across nationalities, societies, and languages
to advance traveler education.
Sec. 7132. One-stop pilot program.
Sec. 7133. Report on efforts of the Department of Homeland Security to
deter vehicular terrorist attacks (Darren
Drake).
Sec. 7134. DHS illicit cross-border tunnel defense.
Sec. 7135. Providing training for U.S. Customs and Border Protection
personnel on the use of containment devices
to prevent secondary exposure to fentanyl
and other potentially lethal substances.
Sec. 7136. Reports, evaluations, and research regarding drug
interdiction at and between ports of entry.
Subtitle E--Technical Corrections, Conforming Changes, and Improvements
Sec. 7141. Quadrennial homeland security review technical corrections.
Sec. 7142. Technical, conforming, and clerical amendments.
Sec. 7143. CISA technical corrections and improvements.
Subtitle A--Strengthening Security in Our Communities
SEC. 7101. ENHANCEMENTS TO FUNDING AND ADMINISTRATION OF NONPROFIT
SECURITY GRANT PROGRAM OF THE DEPARTMENT OF HOMELAND
SECURITY.
(a) In General.--Section 2009 of the Homeland Security Act of 2002
(6 U.S.C. 609a) is amended--
(1) in subsection (a), by inserting ``or other threats''
before the period at the end;
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``(a)''; and
(B) by amending paragraph (2) to read as follows:
``(2) determined by the Secretary to be at risk of
terrorist attacks or other threats.'';
(3) in subsection (c)--
(A) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (E), respectively, and
moving such subparagraphs, as so redesignated, two ems
to the right;
(B) in the matter preceding subparagraph (A), as so
redesignated, by striking ``The recipient'' and
inserting the following:
``(1) In general.--The recipient'';
(C) in subparagraph (A), as so redesignated, by
striking ``equipment and inspection and screening
systems'' and inserting ``equipment, inspection and
screening systems, and alteration or remodeling of
existing buildings or physical facilities'';
(D) by inserting after subparagraph (B), as so
redesignated, the following new subparagraphs:
``(C) Facility security personnel costs.
``(D) Expenses directly related to the
administration of the grant, except that those expenses
may not exceed 5 percent of the amount of the grant.'';
and
(E) by adding at the end the following new
paragraphs:
``(2) Retention.--Each State through which a recipient
receives a grant under this section may retain not more than 5
percent of each grant for expenses directly related to the
administration of the grant.
``(3) Outreach and technical assistance.--
``(A) In general.--If the Administrator establishes
target allocations in determining award amounts under
the Program, a State may request a project to use a
portion of the target allocation for outreach and
technical assistance if the State does not receive
enough eligible applications from nonprofit
organizations located outside high-risk urban areas.
``(B) Priority.--Any outreach or technical
assistance described in subparagraph (A) should
prioritize underserved communities and nonprofit
organizations that are traditionally underrepresented
in the Program.
``(C) Parameters.--In determining grant guidelines
under subsection (g), the Administrator may determine
the parameters for outreach and technical
assistance.'';
(4) in subsection (e)--
(A) by striking ``2020 through 2024'' and inserting
``2022 through 2028'';
(B) by striking ``on the expenditure'' and
inserting ``on the following:
``(1) The expenditure''; and
(C) by adding at the end the following new
paragraphs:
``(2) The number of applications submitted by eligible
nonprofit organizations to each State.
``(3) The number of applications submitted by each State to
the Administrator.
``(4) The operations of the program office of the Program,
including staffing resources and efforts with respect to
subparagraphs (A) through (D) of subsection (c)(1).''; and
(5) by striking subsection (f) and inserting the following
new subsections:
``(f) Administration.--Not later than 120 days after the date of
enactment of this subsection, the Administrator shall ensure that
within the Federal Emergency Management Agency a program office for the
Program (in this subsection referred to as the `program office')
shall--
``(1) be headed by a senior official of the Agency; and
``(2) administer the Program (including, where appropriate,
in coordination with States), including relating to--
``(A) outreach, engagement, education, and
technical assistance and support to eligible nonprofit
organizations described in subsection (b), with
particular attention to those organizations in
underserved communities, before, during, and after the
awarding of grants, including web-based training videos
for eligible nonprofit organizations that provide
guidance on preparing an application and the
environmental planning and historic preservation
process;
``(B) the establishment of mechanisms to ensure
program office processes are conducted in accordance
with constitutional, statutory, and regulatory
requirements that protect civil rights and civil
liberties and advance equal access for members of
underserved communities;
``(C) the establishment of mechanisms for the
Administrator to provide feedback to eligible nonprofit
organizations that do not receive grants;
``(D) the establishment of mechanisms to identify
and collect data to measure the effectiveness of grants
under the Program;
``(E) the establishment and enforcement of
standardized baseline operational requirements for
States, including requirements for States to eliminate
or prevent any administrative or operational obstacles
that may impact eligible nonprofit organizations
described in subsection (b) from receiving grants under
the Program;
``(F) carrying out efforts to prevent waste, fraud,
and abuse, including through audits of grantees; and
``(G) promoting diversity in the types and
locations of eligible nonprofit organizations that are
applying for grants under the Program.
``(g) Grant Guidelines.--For each fiscal year, before awarding
grants under this section, the Administrator--
``(1) shall publish guidelines, including a notice of
funding opportunity or similar announcement, as the
Administrator determines appropriate; and
``(2) may prohibit States from closing application
processes before the publication of those guidelines.
``(h) Paperwork Reduction Act.--Chapter 35 of title 44, United
States Code (commonly known as the `Paperwork Reduction Act'), shall
not apply to any changes to the application materials, Program forms,
or other core Program documentation intended to enhance participation
by eligible nonprofit organizations in the Program.
``(i) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
$360,000,000 for each of fiscal years 2023 through 2028 for
grants under this section, of which--
``(A) $180,000,000 each such fiscal year shall be
for recipients in high-risk urban areas that receive
funding under section 2003; and
``(B) $180,000,000 each such fiscal year shall be
for recipients in jurisdictions that do not so receive
such funding.
``(2) Operations and support.--There is authorized to be
appropriated $18,000,000 for each of fiscal years 2023 through
2028 for Operations and Support at the Federal Emergency
Management Agency for costs incurred for the management and
administration (including evaluation) of this section.''.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall seek to
enter into a contract or other agreement with an independent
research organization pursuant to which the organization will
conduct a study that analyzes and reports on the following:
(A) The effectiveness of the Nonprofit Security
Grant Program established under section 2009(a) of the
Homeland Security Act 2002 (6 U.S.C. 609a(a)), as
amended by subsection (a), for preparedness against
terrorist attacks or other threats.
(B) The risk-based formula and allocations under
such Program.
(C) The risk profile of and any identifiable
factors leading to the low participation of
traditionally underrepresented groups and States under
such Program.
(2) Submission.--The report required under paragraph (1)
shall be submitted to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Homeland
Security of the House of Representatives, and the Committees on
Appropriations of the Senate and the House of Representatives.
(3) Funding.--The Administrator may use funding authorized
under subsection (j) of section 2009 of the Homeland Security
Act of 2002 (6 U.S.C. 609a)), as amended by subsection (a), to
carry out this subsection.
(c) Technical and Conforming Amendments.--Section 2008 of the
Homeland Security Act of 2002 (6 U.S.C. 609) is amended--
(1) in subsection (c) by striking ``sections 2003 and
2004'' and inserting ``sections 2003, 2004, and 2009''; and
(2) in subsection (e), by striking ``section 2003 or 2004''
and inserting ``section 2003, 2004, or 2009''.
SEC. 7102. PRESERVATION OF HOMELAND SECURITY CAPABILITIES.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives.
(3) Covered homeland security capability.--The term
``covered homeland security capability'' means a homeland
security capability related to preventing, preparing for,
protecting against, or responding to acts of terrorism that--
(A) was developed or otherwise supported through
grant funding under the UASI before the current fiscal
year; and
(B) is at risk of being reduced or eliminated
without additional Federal financial assistance.
(4) Covered urban area.--The term ``covered urban area''
means an urban area that--
(A) during the current fiscal year did not receive
grant funding under the UASI; and
(B) requires continued Federal assistance for the
purpose of preserving a covered homeland security
capability.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) UASI.--The term ``UASI'' means the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of
2002 (6 U.S.C. 604).
(b) Report and Proposal.--
(1) Submission to congress.--Not later than 18 months after
the date of the enactment of this Act, the Secretary, acting
through the Administrator, shall submit to the appropriate
congressional committees a report regarding covered homeland
security capabilities, including a proposal relating to
providing Federal assistance to covered urban areas to preserve
such capabilities that is informed by the survey information
collected pursuant to subsection (c)--
(A) under which the Administrator would make
Federal financial assistance available for at least
three consecutive fiscal years to covered urban areas;
and
(B) that would allow covered urban areas to
transition to other sources funding for such covered
homeland security capabilities.
(2) Requirements relating to uasi funds.--The proposal
required under paragraph (1) shall contain the following:
(A) A prohibition on a covered urban area that
receives Federal financial assistance described in
paragraph (1)(A) during a fiscal year from also
receiving funds under the UASI during such fiscal year.
(B) A requirement for a covered urban area to
submit to the Administrator notice of whether such
covered urban area would elect to receive--
(i) Federal financial assistance under
paragraph (1)(A); or
(ii) funding under the UASI.
(3) Analysis.--The report required under paragraph (1)
shall include the following:
(A) An analysis of whether providing additional
Federal financial assistance, as described in paragraph
(1)(A), would allow covered urban areas to preserve
covered homeland security capabilities on a long-term
basis.
(B) An analysis of whether legislative changes to
the UASI are necessary to ensure urban areas receiving
funds under the UASI are able to preserve covered
homeland security capabilities on a long-term basis.
(4) Other contents of proposal.--The proposal required
under paragraph (1) shall--
(A) set forth eligibility criteria for covered
urban areas to receive Federal assistance described in
paragraph (1)(A);
(B) identify annual funding levels that would be
required to provide such Federal assistance, in
accordance with the survey required under subsection
(c); and
(C) consider a range of approaches to make such
Federal assistance available to covered urban areas,
including--
(i) modifications to the UASI in a manner
that would not affect the availability of
funding to urban areas under the UASI;
(ii) the establishment of a competitive
grant program;
(iii) the establishment of a formula grant
program; and
(iv) a timeline for the implementation of
any such approach and, if necessary, a
legislative proposal to authorize any such
approach.
(c) Survey.--In developing the proposal required under subsection
(b), the Administrator shall, to ascertain the scope of Federal
financial assistance required, survey the following:
(1) Urban areas that did not receive grant funding under
the UASI during the current fiscal year concerning covered
homeland security capabilities that are at risk of being
reduced or eliminated without additional Federal financial
assistance.
(2) Urban areas that received grant funding under the UASI
during the current fiscal year, but did not receive such
funding during at least one fiscal year of the seven fiscal
years immediately preceding the current fiscal year.
(3) Any other urban areas the Secretary determines
appropriate.
(d) Exemption.--The Secretary may exempt the Administrator from the
requirements of subchapter I of chapter 35 of title 44, United States
Code (commonly referred to as the ``Paperwork Reduction Act''), for
purposes of carrying out subsection (c) if the Secretary determines
that complying with such requirements would delay the development of
the proposal required under subsection (b).
(e) Rule of Construction.--Nothing in this section may be construed
as directing or authorizing the Administrator to implement the proposal
required under subsection (b).
SEC. 7103. SCHOOL AND DAYCARE PROTECTION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter, the Secretary of
Homeland Security shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report regarding the following:
(1) The Department of Homeland Security's activities,
policies, and plans to enhance the security of early childhood
education programs, elementary schools, and secondary schools
during the preceding year that includes information on the
Department's activities through the Federal School Safety
Clearinghouse.
(2) Information on all structures or efforts within the
Department intended to bolster coordination among departmental
components and offices involved in carrying out paragraph (1)
and, with respect to each structure or effort, specificity on
which components and offices are involved and which component
or office leads such structure or effort.
(3) A detailed description of the measures used to ensure
privacy rights, civil rights, and civil liberties protections
in carrying out these activities.
(b) Briefing.--Not later than 30 days after the submission of each
report required under subsection (a), the Secretary of Homeland
Security shall provide to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a briefing regarding such
report and the status of efforts to carry out plans included in such
report for the preceding year.
(c) Definitions.--In this section, the terms ``early childhood
education program'', ``elementary school'', and ``secondary school''
have the meanings given such terms in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
SEC. 7104. CYBERSECURITY GRANTS FOR SCHOOLS.
(a) In General.--Section 2220 of the Homeland Security Act of 2002
(6 U.S.C. 665f) is amended by adding at the end the following new
subsection:
``(e) Grants and Cooperative Agreements.--The Director may award
financial assistance in the form of grants or cooperative agreements to
States, local governments, institutions of higher education (as such
term is defined in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)), nonprofit organizations, and other non-Federal entities
as determined appropriate by the Director for the purpose of funding
cybersecurity and infrastructure security education and training
programs and initiatives to--
``(1) carry out the purposes of CETAP; and
``(2) enhance CETAP to address the national shortfall of
cybersecurity professionals.''.
(b) Briefings.--Paragraph (2) of subsection (c) of section 2220 of
the Homeland Security Act of 2002 (6 U.S.C. 665f) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E) respectively; and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) information on any grants or cooperative
agreements made pursuant to subsection (e), including
how any such grants or cooperative agreements are being
used to enhance cybersecurity education for underserved
populations or communities;''.
SEC. 7105. TRANSNATIONAL CRIMINAL INVESTIGATIVE UNIT STIPEND.
(a) Short Title.--This section may be cited as the ``Transnational
Criminal Investigative Unit Stipend Act''.
(b) Stipends for Transnational Criminal Investigative Units.--
(1) In general.--Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by
adding at the end the following:
``SEC. 890C. TRANSNATIONAL CRIMINAL INVESTIGATIVE UNITS.
``(a) In General.--The Secretary, with the concurrence of the
Secretary of State, shall operate Transnational Criminal Investigative
Units within Homeland Security Investigations.
``(b) Composition.--Each Transnational Criminal Investigative Unit
shall be composed of trained foreign law enforcement officials who
shall collaborate with Homeland Security Investigations to investigate
and prosecute individuals involved in transnational criminal activity.
``(c) Vetting Requirement.--
``(1) In general.--Before entry into a Transnational
Criminal Investigative Unit, and at periodic intervals while
serving in such a unit, foreign law enforcement officials shall
be required to pass certain security evaluations, which may
include a background check, a polygraph examination, a
urinalysis test, or other measures that the Secretary
determines to be appropriate.
``(2) Leahy vetting required.--No member of a foreign law
enforcement unit may join a Transnational Criminal
Investigative Unit if the Secretary, in coordination with the
Secretary of State, has credible information that such foreign
law enforcement unit has committed a gross violation of human
rights, consistent with the limitations set forth in section
620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d).
``(3) Approval and concurrence.--The establishment and
continued support of the Transnational Criminal Investigative
Units who are assigned under paragraph (1)--
``(A) shall be performed with the approval of the
chief of mission to the foreign country to which the
personnel are assigned;
``(B) shall be consistent with the duties and
powers of the Secretary of State and the chief of
mission for a foreign country under section 103 of the
Omnibus Diplomatic Security and Antiterrorism Act of
1986 (22 U.S.C. 4802) and section 207 of the Foreign
Service Act of 1980 (22 U.S.C. 3927), respectively; and
``(C) shall not be established without the
concurrence of the Assistant Secretary of State for
International Narcotics and Law Enforcement Affairs.
``(4) Report.--The Executive Associate Director of Homeland
Security Investigations shall submit a report to the Committee
on Foreign Relations of the Senate, the Committee on Homeland
Security and Governmental Affairs of the Senate, the Committee
on the Judiciary of the Senate, the Committee on Foreign
Affairs of the House of Representatives, the Committee on
Homeland Security of the House of Representatives, and the
Committee on the Judiciary of the House of Representatives that
describes--
``(A) the procedures used for vetting Transnational
Criminal Investigative Unit members to include
compliance with the vetting required under this
subsection; and
``(B) any additional measures that should be
implemented to prevent personnel in vetted units from
being compromised by criminal organizations.
``(d) Monetary Stipend.--The Executive Associate Director of
Homeland Security Investigations is authorized to pay vetted members of
a Transnational Criminal Investigative Unit a monetary stipend in an
amount associated with their duties dedicated to unit activities.
``(e) Annual Briefing.--The Executive Associate Director of
Homeland Security Investigations, during the 5-year period beginning on
the date of the enactment of this section, shall provide an annual
unclassified briefing to the congressional committees referred to in
subsection (c)(4), which may include a classified session, if
necessary, that identifies--
``(1) the number of vetted members of Transnational
Criminal Investigative Unit in each country;
``(2) the amount paid in stipends to such members,
disaggregated by country;
``(3) relevant enforcement statistics, such as arrests and
progress made on joint investigations, in each such country;
and
``(4) whether any vetted members of the Transnational
Criminal Investigative Unit in each country were involved in
any unlawful activity, including human rights abuses or
significant acts of corruption.''.
(2) Clerical amendment.--The table of contents for the
Homeland Security Act of 2002 (Public Law 107-296) is amended
by inserting after the item relating to section 890B the
following:
``Sec. 890C. Transnational Criminal Investigative Units.''.
SEC. 7106. CHEMICAL SECURITY ANALYSIS CENTER.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following new
section:
``SEC. 323. CHEMICAL SECURITY ANALYSIS CENTER.
``(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, shall designate the laboratory
described in subsection (b) as an additional laboratory pursuant to the
authority under section 308(c)(2), which shall be used to conduct
studies, analyses, and research to assess and address domestic chemical
security events.
``(b) Laboratory Described.--The laboratory described in this
subsection is the laboratory known, as of the date of enactment of this
section, as the Chemical Security Analysis Center.
``(c) Laboratory Activities.--Pursuant to the authority under
section 302(4), the Chemical Security Analysis Center shall--
``(1) identify and develop approaches and mitigation
strategies to domestic chemical security threats, including the
development of comprehensive, research-based definable goals
relating to such approaches and mitigation strategies;
``(2) provide an enduring science-based chemical threat and
hazard analysis capability;
``(3) provide expertise regarding risk and consequence
modeling, chemical sensing and detection, analytical chemistry,
acute chemical toxicology, synthetic chemistry and reaction
characterization, and nontraditional chemical agents and
emerging chemical threats;
``(4) staff and operate a technical assistance program that
provides operational support and subject matter expertise,
design and execute laboratory and field tests, and provide a
comprehensive knowledge repository of chemical threat
information that is continuously updated with data from
scientific, intelligence, operational, and private sector
sources;
``(5) consult, as appropriate, with the Countering Weapons
of Mass Destruction Office of the Department to mitigate,
prepare, and respond to threats, hazards, and risks associated
with domestic chemical security events; and
``(6) carry out such other activities authorized under this
section as the Secretary determines appropriate.
``(d) Special Rule.--Nothing in this section amends, alters, or
affects--
``(1) the responsibilities of the Countering Weapons of
Mass Destruction Office of the Department; or
``(2) the activities or requirements authorized to other
entities within the Federal Government, including the
activities and requirements of the Environmental Protection
Agency under section 112(r) of the Clean Air Act (42 U.S.C.
7412(r)), the Toxic Substances Control Act (15 U.S.C. 2601 et
seq.), and the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (commonly referred to
as `Superfund'; 42 U.S.C. 9601 et seq.).''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 322 the following new
item:
``Sec. 323. Chemical Security Analysis Center.''.
Subtitle B--Strengthening DHS Management, Policymaking, and Operations
SEC. 7111. JOINT TASK FORCES OF THE DEPARTMENT OF HOMELAND SECURITY.
(a) Short Title.--This section may be cited as the ``DHS Joint Task
Forces Reauthorization Act of 2022''.
(b) Dhs Joint Task Forces.--Subsection (b) of section 708 of the
Homeland Security Act of 2002 (6 U.S.C. 348) is amended--
(1) by amending paragraph (8) to read as follows:
``(8) Joint task force staff.--
``(A) In general.--Each Joint Task Force shall have
a staff, composed of personnel from relevant components
and offices of the Department, to assist the Director
of such Joint Task Force in carrying out the mission
and responsibilities of such Joint Task Force.
``(B) Report.--The Secretary shall include in the
report submitted under paragraph (6)(F)--
``(i) the number of personnel of each
component or office permanently assigned to
each Joint Task Force; and
``(ii) the number of personnel of each
component or office assigned on a temporary
basis to each Joint Task Force.'';
(2) in paragraph (9)--
(A) in the heading, by striking ``establishment''
and inserting ``mission; establishment'';
(B) by amending subparagraph (A) to read as
follows:
``(A) using leading practices in performance
management and lessons learned by other law enforcement
task forces and joint operations, establish--
``(i) the mission, strategic goals, and
objectives of each Joint Task Force;
``(ii) the criteria for terminating each
Joint Task Force; and
``(iii) outcome-based and other appropriate
performance metrics for evaluating the
effectiveness of each Joint Task Force with
respect to the mission, strategic goals, and
objectives established pursuant to clause (i),
including--
``(I) targets for each Joint Task
Force to achieve by not later than one
and three years after such
establishment; and
``(II) a description of the
methodology used to establish such
metrics;'';
(C) in subparagraph (B)--
(iii) by striking ``date of the enactment
of this section'' and insert ``date of the
enactment of the DHS Joint Task Forces
Reauthorization Act of 2022'';
(iv) by inserting ``mission, strategic
goals, objectives, and'' before ``metrics'';
and
(v) by striking the period at the end and
inserting ``; and''; and
(D) by amending subparagraph (C) to read as
follows:
``(C) not later than one year after the date of the
enactment of the DHS Joint Task Forces Reauthorization
Act of 2022 and annually thereafter, submit to the
committees specified in subparagraph (B) a report that
contains information on the progress in implementing
the outcome-based and other appropriate performance
metrics established pursuant to subparagraph
(A)(iii).'';
(3) in paragraph (11)--
(A) in the heading, by inserting ``or termination''
after ``formation''; and
(B) by amending subparagraph (A) to read as
follows:
``(A) In general.--Not later than seven days after
establishing or terminating a Joint Task Force under
this subsection, the Secretary shall submit to the
majority leader of the Senate, the minority leader of
the Senate, the Speaker of the House of
Representatives, the majority leader of the House of
Representatives, the minority leader of the House of
Representatives, and the Committee on Homeland Security
and the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of
the Senate a notification regarding such establishment
or termination, as the case may be. The contents of any
such notification shall include the following:
``(i) The criteria and conditions required
to establish or terminate the Joint Task Force
at issue.
``(ii) The primary mission, strategic
goals, objectives, and plan of operations of
such Joint Task Force.
``(iii) If such notification is a
notification of termination, information on the
effectiveness of such Joint Task Force as
measured by the outcome-based performance
metrics and other appropriate performance
metrics established pursuant to paragraph
(9)(A)(iii).
``(iv) The funding and resources required
to establish or terminate such Joint Task
Force.
``(v) The number of personnel of each
component or office permanently assigned to
such Joint Task Force.
``(vi) The number of personnel of each
component and office assigned on a temporary
basis to such Joint Task Force.
``(vii) If such notification is a
notification of establishment, the anticipated
costs of establishing and operating such Joint
Task Force.
``(viii) If such notification is a
notification of termination, funding allocated
in the immediately preceding fiscal year to
such Joint Task Force for--
``(I) operations, notwithstanding
such termination; and
``(II) activities associated with
such termination.
``(ix) The anticipated establishment or
actual termination date of such Joint Task
Force, as the case may be.'';
(4) in paragraph (12)--
(A) in subparagraph (A)--
(i) by striking ``January 31, 2018, and
January 31, 2021, the Inspector General of the
Department'' and inserting ``one year after the
date of the enactment of the DHS Joint Task
Forces Reauthorization Act of 2022, the
Comptroller General of the United States''; and
(ii) by inserting ``an assessment of the
effectiveness of the Secretary's utilization of
the authority provided under this section for
the purposes specified in subsection (b)(2) as
among the range of options available to the
Secretary to conduct joint operations among
departmental components and offices and''
before ``a review of the Joint Task Forces'';
and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``reviews'' and inserting ``review'';
and
(ii) by amending clauses (i) and (ii) to
read as follows:
``(i) an assessment of methodology utilized
to determine whether to establish or terminate
each Joint Task Force; and
``(ii) an assessment of the effectiveness
of oversight over each Joint Task Force, with
specificity regarding the Secretary's
utilization of outcome-based or other
appropriate performance metrics (established
pursuant to paragraph (9)(A)(iii)) to evaluate
the effectiveness of each Joint Task Force in
measuring progress with respect to the mission,
strategic goals, and objectives (established
pursuant to paragraph (9)(A)(i)) of such Joint
Task Force.''; and
(5) in paragraph (13), by striking ``2022'' and inserting
``2024''.
SEC. 7112. HOMELAND PROCUREMENT REFORM ACT.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the
following new section:
``SEC. 836. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED TO NATIONAL
SECURITY INTERESTS.
``(a) Definitions.--In this section:
``(1) Covered item.--The term `covered item' means any of
the following:
``(A) Footwear provided as part of a uniform.
``(B) Uniforms.
``(C) Holsters and tactical pouches.
``(D) Patches, insignia, and embellishments.
``(E) Chemical, biological, radiological, and
nuclear protective gear.
``(F) Body armor components intended to provide
ballistic protection for an individual, consisting of 1
or more of the following:
``(i) Soft ballistic panels.
``(ii) Hard ballistic plates.
``(iii) Concealed armor carriers worn under
a uniform.
``(iv) External armor carriers worn over a
uniform.
``(G) Any other item of clothing or protective
equipment as determined appropriate by the Secretary.
``(2) Frontline operational component.--The term `frontline
operational component' means any of the following entities of
the Department:
``(A) U.S. Customs and Border Protection.
``(B) U.S. Immigration and Customs Enforcement.
``(C) The United States Secret Service.
``(D) The Transportation Security Administration.
``(E) The Federal Protective Service.
``(F) The Federal Emergency Management Agency.
``(G) The Federal Law Enforcement Training Centers.
``(H) The Cybersecurity and Infrastructure Security
Agency.
``(b) Requirements.--
``(1) In general.--The Secretary shall ensure that any
procurement of a covered item for a frontline operational
component meets the following criteria:
``(A)(i) To the maximum extent possible, not less
than one-third of funds obligated in a specific fiscal
year for the procurement of such covered items shall be
covered items that are manufactured or supplied in the
United States by entities that qualify as small
business concerns, as such term is described under
section 3 of the Small Business Act (15 U.S.C. 632).
``(ii) Covered items may only be supplied pursuant
to subparagraph (A) to the extent that United States
entities that qualify as small business concerns--
``(I) are unable to manufacture covered
items in the United States; and
``(II) meet the criteria identified in
subparagraph (B).
``(B) Each contractor with respect to the
procurement of such a covered item, including the end-
item manufacturer of such a covered item--
``(i) is an entity registered with the
System for Award Management (or successor
system) administered by the General Services
Administration; and
``(ii) is in compliance with ISO 9001:2015
of the International Organization for
Standardization (or successor standard) or a
standard determined appropriate by the
Secretary to ensure the quality of products and
adherence to applicable statutory and
regulatory requirements.
``(C) Each supplier of such a covered item with an
insignia (such as any patch, badge, or emblem) and each
supplier of such an insignia, if such covered item with
such insignia or such insignia, as the case may be, is
not produced, applied, or assembled in the United
States, shall--
``(i) store such covered item with such
insignia or such insignia in a locked area;
``(ii) report any pilferage or theft of
such covered item with such insignia or such
insignia occurring at any stage before delivery
of such covered item with such insignia or such
insignia; and
``(iii) destroy any such defective or
unusable covered item with insignia or insignia
in a manner established by the Secretary, and
maintain records, for three years after the
creation of such records, of such destruction
that include the date of such destruction, a
description of the covered item with insignia
or insignia destroyed, the quantity of the
covered item with insignia or insignia
destroyed, and the method of destruction.
``(2) Waiver.--
``(A) In general.--In the case of a national
emergency declared by the President under the National
Emergencies Act (50 U.S.C. 1601 et seq.) or a major
disaster declared by the President under section 401 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170), the Secretary may
waive a requirement in subparagraph (A), (B) or (C) of
paragraph (1) if the Secretary determines there is an
insufficient supply of a covered item that meets such
requirement.
``(B) Notice.--Not later than 60 days after the
date on which the Secretary determines a waiver under
subparagraph (A) is necessary, the Secretary shall
provide to the Committee on Homeland Security and
Governmental Affairs and the Committee on
Appropriations of the Senate and the Committee on
Homeland Security, the Committee on Oversight and
Reform, and the Committee on Appropriations of the
House of Representatives notice of such determination,
which shall include the following:
``(i) Identification of the national
emergency or major disaster declared by the
President.
``(ii) Identification of the covered item
for which the Secretary intends to issue the
waiver.
``(iii) A description of the demand for the
covered item and corresponding lack of supply
from contractors able to meet the criteria
described in subparagraph (B) or (C) of
paragraph (1).
``(c) Pricing.--The Secretary shall ensure that covered items are
purchased at a fair and reasonable price, consistent with the
procedures and guidelines specified in the Federal Acquisition
Regulation.
``(d) Report.--Not later than one year after the date of the
enactment of this section and annually thereafter, the Secretary shall
provide to the Committee on Homeland Security, the Committee on
Oversight and Reform, the Committee on Small Business, and the
Committee on Appropriations of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs, the Committee
on Small Business and Entrepreneurship, and the Committee on
Appropriations of the Senate a briefing on instances in which vendors
have failed to meet deadlines for delivery of covered items and
corrective actions taken by the Department in response to such
instances.
``(e) Effective Date.--This section applies with respect to a
contract entered into by the Department or any frontline operational
component on or after the date that is 180 days after the date of the
enactment of this section.''.
(b) Study.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a study of
the adequacy of uniform allowances provided to employees of
frontline operational components (as such term is defined in
section 836 of the Homeland Security Act of 2002, as added by
subsection (a)).
(2) Requirements.--The study conducted under paragraph (1)
shall--
(A) be informed by a Department-wide survey of
employees from across the Department of Homeland
Security who receive uniform allowances that seeks to
ascertain what, if any, improvements could be made to
the current uniform allowances and what, if any,
impacts current allowances have had on employee morale
and retention;
(B) assess the adequacy of the most recent increase
made to the uniform allowance for first year employees;
and
(C) consider increasing by 50 percent, at minimum,
the annual allowance for all other employees.
(c) Additional Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall provide a report with recommendations on how the
Department of Homeland Security could procure additional items
from domestic sources and bolster the domestic supply chain for
items related to national security to--
(A) the Committee on Homeland Security and
Governmental Affairs, the Committee on Small Business
and Entrepreneurship, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Homeland Security, the
Committee on Oversight and Reform, the Committee on
Small Business, and the Committee on Appropriations of
the House of Representatives.
(2) Contents.--The report required under paragraph (1)
shall include the following:
(A) A review of the compliance of the Department of
Homeland Security with the requirements under section
604 of title VI of division A of the American Recovery
and Reinvestment Act of 2009 (6 U.S.C. 453b) to buy
certain items related to national security interests
from sources in the United States.
(B) An assessment of the capacity of the Department
of Homeland Security to procure the following items
from domestic sources:
(i) Personal protective equipment and other
items necessary to respond to a pandemic such
as that caused by COVID-19.
(ii) Helmets that provide ballistic
protection and other head protection and
components.
(iii) Rain gear, cold weather gear, and
other environmental and flame resistant
clothing.
(d) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135)
is amended by inserting after the item relating to section 835 the
following:
``Sec. 836. Requirements to buy certain items related to national
security interests.''.
SEC. 7113. DAILY PUBLIC REPORT OF COVERED CONTRACT AWARDS.
(a) Daily Contract Reporting Requirements.--
(1) Report.--
(A) In general.--The Secretary shall post,
maintain, and update in accordance with paragraph (2),
on a publicly available website of the Department, a
daily report of all covered contract awards.
(B) Contents.--Each report under this paragraph
shall include, for each covered contract award,
information relating to the following:
(i) The contract number, modification
number, or delivery order number.
(ii) The contract type.
(iii) The amount obligated for the award.
(iv) The total contract value for the
award, including all options.
(v) The description of the purpose for the
award.
(vi) The number of proposals or bids
received.
(vii) The name and address of the vendor,
and whether the vendor is a small business.
(viii) The period and primary place of
performance for the award.
(ix) Whether the award is multiyear.
(x) The contracting office.
(2) Update.--The Secretary shall make updates referred to
in paragraph (1) not later than five business days after the
date on which a covered contract is authorized or modified.
(3) Effective date.--Paragraph (1) shall take effect on the
date that is 180 days after the date of the enactment of this
Act.
(b) Undefinitized Contract Action or Definitized Amount.--If a
covered contract award reported under subsection (a) includes an
undefinitized contract action, the Secretary shall--
(1) report the estimated total contract value for the award
and the amount obligated upon award; and
(2) once there is a definitized amount for the award,
update the total contract value and amount obligated.
(c) Exemption.--Each report required under subsection (a) shall not
include covered contract awards for which synopsis was exempted under
section 5.202(a)(1) of the Federal Acquisition Regulation, or any
successor thereto.
(d) Definitions.--In this section:
(1) Covered contract award.--The term ``covered contract
award''--
(A) means a contract action of the Department with
a total contract value of not less than $4,000,000,
including unexercised options; and
(B) includes--
(i) contract awards governed by the Federal
Acquisition Regulation;
(ii) modifications to a contract award that
increase the total value, expand the scope of
work, or extend the period of performance;
(iii) orders placed on a multiple-award or
multiple-agency contract that includes delivery
or quantity terms that are indefinite;
(iv) other transaction authority
agreements; and
(v) contract awards made with other than
full and open competition.
(2) Definitized amount.--The term ``definitized amount''
means the final amount of a covered contract award after
agreement between the Department and the contractor at issue.
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(5) Small business.--The term ``small business'' means an
entity that qualifies as a small business concern, as defined
under section 3 of the Small Business Act (15 U.S.C. 632).
(6) Total contract value.--The term ``total contract
value'' means the total amount of funds expected to be provided
to the contractor at issue under the terms of the contract
through the full period of performance.
(7) Undefinitized contract action.--The term
``undefinitized contract action'' means any contract action for
which the contract terms, specifications, or price is not
established prior to the start of the performance of the
covered contract award.
(e) Sunset.--This section shall cease to have force or effect on
the date that is five years after the date of the enactment of this
Act.
SEC. 7114. PREFERENCE FOR UNITED STATES INDUSTRY.
Section 308 of the Homeland Security Act of 2002 (6 U.S.C. 188) is
amended by adding at the end the following new subsection:
``(d) Preference for United States Industry.--
``(1) Definitions.--In this subsection:
``(A) Country of concern.--The term `country of
concern' means a country that--
``(i) is a covered nation, as such term is
defined in section 4872(d) of title 10, United
States Code; or
``(ii) the Secretary determines is engaged
in conduct that is detrimental to the national
security of the United States.
``(B) Nonprofit organization; small business firm;
subject invention.--The terms `nonprofit organization',
`small business firm', and `subject invention' have the
meanings given such terms in section 201 of title 35,
United States Code.
``(C) Manufactured substantially in the united
states.--The term `manufactured substantially in the
United States' means an item is a domestic end product.
``(D) Domestic end product.--The term `domestic end
product' has the meaning given such term in section
25.003 of title 48, Code of Federal Regulations, or any
successor thereto.
``(3) Waivers.--
``(A) In general.--Subject to subparagraph (B), in
individual cases, the requirements under section 204 of
title 35, United States Code, may be waived by the
Secretary upon a showing by the small business firm,
nonprofit organization, or assignee that reasonable but
unsuccessful efforts have been made to grant licenses
on similar terms to potential licensees that would be
likely to manufacture substantially in the United
States or that under the circumstances domestic
manufacture is not commercially feasible.
``(B) Conditions on waivers granted by
department.--
``(i) Before grant of waiver.--Before
granting a waiver under subparagraph (A), the
Secretary shall comply with the procedures
developed and implemented by the Department
pursuant to section 70923(b)(2) of the Build
America, Buy America Act (enacted as subtitle A
of title IX of division G of Public Law 117-
58).
``(ii) Prohibition on granting certain
waivers.--The Secretary may not grant a waiver
under subparagraph (A) if, as a result of such
waiver, products embodying the applicable
subject invention, or produced through the use
of the applicable subject invention, would be
manufactured substantially in a country of
concern.''.
SEC. 7115. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTEGE PROGRAM.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 451 et seq.), as amended by subtitle A, is
further amended by adding at the end the following new section:
``SEC. 890D. MENTOR-PROTEGE PROGRAM.
``(a) Establishment.--There is established in the Department a
mentor-protege program (in this section referred to as the `Program')
under which a mentor firm enters into an agreement with a protege firm
for the purpose of assisting the protege firm to compete for prime
contracts and subcontracts of the Department.
``(b) Eligibility.--The Secretary shall establish criteria for
mentor firms and protege firms to be eligible to participate in the
Program, including a requirement that a firm is not included on any
list maintained by the Federal Government of contractors that have been
suspended or debarred.
``(c) Program Application and Approval.--
``(1) Application.--The Secretary, acting through the
Office of Small and Disadvantaged Business Utilization of the
Department, shall establish a process for submission of an
application jointly by a mentor firm and the protege firm
selected by the mentor firm. The application shall include each
of the following:
``(A) A description of the assistance to be
provided by the mentor firm, including, to the extent
available, the number and a brief description of each
anticipated subcontract to be awarded to the protege
firm.
``(B) A schedule with milestones for achieving the
assistance to be provided over the period of
participation in the Program.
``(C) An estimate of the costs to be incurred by
the mentor firm for providing assistance under the
Program.
``(D) Attestations that Program participants will
submit to the Secretary reports at times specified by
the Secretary to assist the Secretary in evaluating the
protege firm's developmental progress.
``(E) Attestations that Program participants will
inform the Secretary in the event of a change in
eligibility or voluntary withdrawal from the Program.
``(2) Approval.--Not later than 60 days after receipt of an
application pursuant to paragraph (1), the head of the Office
of Small and Disadvantaged Business Utilization shall notify
applicants of approval or, in the case of disapproval, the
process for resubmitting an application for reconsideration.
``(3) Rescission.--The head of the Office of Small and
Disadvantaged Business Utilization may rescind the approval of
an application under this subsection if it determines that such
action is in the best interest of the Department.
``(d) Program Duration.--A mentor firm and protege firm approved
under subsection (c) shall enter into an agreement to participate in
the Program for a period of not less than 36 months.
``(e) Program Benefits.--A mentor firm and protege firm that enter
into an agreement under subsection (d) may receive the following
Program benefits:
``(1) With respect to an award of a contract that requires
a subcontracting plan, a mentor firm may receive evaluation
credit for participating in the Program.
``(2) With respect to an award of a contract that requires
a subcontracting plan, a mentor firm may receive credit for a
protege firm performing as a first tier subcontractor or a
subcontractor at any tier in an amount equal to the total
dollar value of any subcontracts awarded to such protege firm.
``(3) A protege firm may receive technical, managerial,
financial, or any other mutually agreed upon benefit from a
mentor firm, including a subcontract award.
``(f) Reporting.--Not later than one year after the date of the
enactment of this section and annually thereafter, the head of the
Office of Small and Disadvantaged Business Utilization shall submit to
the Committee on Homeland Security and Governmental Affairs and the
Committee on Small Business and Entrepreneurship of the Senate and the
Committee on Homeland Security and the Committee on Small Business of
the House of Representatives a report that--
``(1) identifies each agreement between a mentor firm and a
protege firm entered into under this section, including the
number of protege firm participants that are--
``(A) small business concerns;
``(B) small business concerns owned and controlled
by veterans;
``(C) small business concerns owned and controlled
by service-disabled veterans;
``(D) qualified HUBZone small business concerns;
``(E) small business concerns owned and controlled
by socially and economically disadvantaged individuals;
``(F) small business concerns owned and controlled
by women;
``(G) historically Black colleges and universities;
and
``(H) minority-serving institutions;
``(2) describes the type of assistance provided by mentor
firms to protege firms;
``(3) identifies contracts within the Department in which a
mentor firm serving as the prime contractor provided
subcontracts to a protege firm under the Program; and
``(4) assesses the degree to which there has been--
``(A) an increase in the technical capabilities of
protege firms; and
``(B) an increase in the quantity and estimated
value of prime contract and subcontract awards to
protege firms for the period covered by the report.
``(g) Rule of Construction.--Nothing in this section may be
construed to limit, diminish, impair, or otherwise affect the authority
of the Department to participate in any program carried out by or
requiring approval of the Small Business Administration or adopt or
follow any regulation or policy that the Administrator of the Small
Business Administration may promulgate, except that, to the extent that
any provision of this section (including subsection (h)) conflicts with
any other provision of law, regulation, or policy, this section shall
control.
``(h) Definitions.--In this section:
``(1) Historically black college or university.--The term
`historically Black college or university' has the meaning
given the term `part B institution' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
``(2) Mentor firm.--The term `mentor firm' means a for-
profit business concern that is not a small business concern
that--
``(A) has the ability to assist and commits to
assisting a protege to compete for Federal prime
contracts and subcontracts; and
``(B) satisfies any other requirements imposed by
the Secretary.
``(3) Minority-serving institution.--The term `minority-
serving institution' means an institution of higher education
described in section 317 of the Higher Education Act of 1965
(20 U.S.C. 1067q(a)).
``(4) Protege firm.--The term `protege firm' means a small
business concern, a historically Black college or university,
or a minority-serving institution that--
``(A) is eligible to enter into a prime contract or
subcontract with the Department; and
``(B) satisfies any other requirements imposed by
the Secretary.
``(5) Small business act definitions.--The terms `small
business concern', `small business concern owned and controlled
by veterans', `small business concern owned and controlled by
service-disabled veterans', `qualified HUBZone small business
concern', `and small business concern owned and controlled by
women' have the meanings given such terms, respectively, under
section 3 of the Small Business Act (15 U.S.C. 632). The term
`small business concern owned and controlled by socially and
economically disadvantaged individuals' has the meaning given
such term in section 8(d)(3)(C) of the Small Business Act (15
U.S.C. 637(d)(3)(C)).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 890C (as added by subtitle A) the following
new item:
``Sec. 890D. Mentor-protege program.''.
SEC. 7116. DHS ECONOMIC SECURITY COUNCIL.
(a) Establishment of the Council.--
(1) Definitions.--In this subsection:
(A) Council.--The term ``Council'' means the
council established under paragraph (2).
(B) Department.--The term ``Department'' means the
Department of Homeland Security.
(C) Economic security.--The term ``economic
security'' has the meaning given such term in section
890B(c)(2) of the Homeland Security Act of 2002 (6
U.S.C. 474(c)(2)).
(D) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.
(2) Establishment.--In accordance with the mission of the
Department under section 101(b) of the Homeland Security Act of
2002 (6 U.S.C. 111(b)), and in particular paragraph (1)(F) of
such section, the Secretary shall establish a standing council
of Department component heads or their designees, to carry out
the duties described in paragraph (3).
(3) Duties of the council.--Pursuant to the scope of the
mission of the Department as described in paragraph (2), the
Council shall provide to the Secretary advice and
recommendations on matters of economic security, including
relating to the following:
(A) Identifying concentrated risks for trade and
economic security.
(B) Setting priorities for securing the trade and
economic security of the United States.
(C) Coordinating Department-wide activity on trade
and economic security matters.
(D) With respect to the development of the
continuity of the economy plan of the President under
section 9603 of the William M. (Mac) Thornberry
National Defense Authorization Act of Fiscal Year 2021
(6 U.S.C. 322).
(E) Proposing statutory and regulatory changes
impacting trade and economic security.
(F) Any other matters the Secretary considers
appropriate.
(4) Chair and vice chair.--The Under Secretary for
Strategy, Policy, and Plans of the Department--
(A) shall serve as Chair of the Council; and
(B) may designate a Council member as a Vice Chair.
(5) Meetings.--The Council shall meet not less frequently
than quarterly, as well as--
(A) at the call of the Chair; or
(B) at the direction of the Secretary.
(6) Briefings.--Not later than 180 days after the date of
the enactment of this Act and every 180 days thereafter for
four years, the Council shall brief the Committee on Homeland
Security and Governmental Affairs of the Senate, the Committee
on Homeland Security of the House of Representatives, the
Committee on Finance of the Senate, the Committee on Ways and
Means of the House of Representatives, the Committee on
Commerce, Science, and Transportation of the Senate, and
Committee on Energy and Commerce of the House of
Representatives on the actions and activities of the Council.
(b) Assistant Secretary.--Section 709 of the Homeland Security Act
of 2002 (6 U.S.C. 349) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Assistant Secretary.--
``(1) In general.--There is established within the Office
of Strategy, Policy, and Plans an Assistant Secretary, who
shall assist the Secretary in carrying out the duties under
paragraph (2) and the responsibilities under paragraph (3).
Notwithstanding section 103(a)(1), the Assistant Secretary
established under this paragraph shall be appointed by the
President without the advice and consent of the Senate.
``(2) Duties.--At the direction of the Secretary, the
Assistant Secretary established under paragraph (1) shall be
responsible for policy formulation regarding matters relating
to economic security and trade, as such matters relate to the
mission and the operations of the Department.
``(3) Additional responsibilities.--In addition to the
duties specified in paragraph (2), the Assistant Secretary
established under paragraph (1), at the direction of the
Secretary, may--
``(A) oversee--
``(i) coordination of supply chain policy;
and
``(ii) assessments and reports to Congress
related to critical economic security domains;
``(B) coordinate with stakeholders in other Federal
departments and agencies and nongovernmental entities
with trade and economic security interests,
authorities, and responsibilities; and
``(C) perform such additional duties as the
Secretary or the Under Secretary of Strategy, Policy,
and Plans may prescribe.
``(4) Definitions.--In this subsection:
``(A) Critical economic security domain.--The term
`critical economic security domain' means any
infrastructure, industry, technology, or intellectual
property (or combination thereof) that is essential for
the economic security of the United States.
``(B) Economic security.--The term `economic
security' has the meaning given such term in section
890B(c)(2).''.
(c) Rule of Construction.--Nothing in this section or the
amendments made by this section may be construed to affect or diminish
the authority otherwise granted to any other officer of the Department
of Homeland Security.
Subtitle C--Enhancing Cybersecurity Training and Operations
SEC. 7121. PRESIDENT'S CUP CYBERSECURITY COMPETITION.
(a) In General.--The Director of the Cybersecurity and
Infrastructure Security Agency (in this section referred to as the
``Director'') of the Department of Homeland Security is authorized to
hold an annual cybersecurity competition to be known as the
``Department of Homeland Security Cybersecurity and Infrastructure
Security Agency's President's Cup Cybersecurity Competition'' (in this
section referred to as the ``competition'') for the purpose of
identifying, challenging, and competitively awarding prizes, including
cash prizes, to the United States Government's best cybersecurity
practitioners and teams across offensive and defensive cybersecurity
disciplines.
(b) Eligibility.--To be eligible to participate in the competition,
an individual shall be a Federal civilian employee or member of the
uniformed services (as such term is defined in section 2101(3) of title
5, United States Code) and shall comply with any rules promulgated by
the Director regarding the competition.
(c) Competition Administration.--The Director may enter into a
grant, contract, cooperative agreement, or other agreement with a
private sector for-profit or nonprofit entity or State or local
government agency to administer the competition.
(d) Competition Parameters.--Each competition shall incorporate the
following elements:
(1) Cybersecurity skills outlined in the National
Initiative for Cybersecurity Education Framework, or any
successor framework.
(2) Individual and team events.
(3) Categories demonstrating offensive and defensive cyber
operations, such as software reverse engineering and
exploitation, network operations, forensics, big data analysis,
cyber analysis, cyber defense, cyber exploitation, secure
programming, obfuscated coding, or cyber-physical systems.
(4) Any other elements related to paragraphs (1), (2), or
(3), as determined necessary by the Director.
(e) Use of Funds.--
(1) In general.--In order to further the goals and
objectives of the competition, the Director may use amounts
made available to the Director for the competition for
reasonable expenses for the following:
(A) Advertising, marketing, and promoting the
competition.
(B) Meals for participants and organizers of the
competition if attendance at the meal during the
competition is necessary to maintain the integrity of
the competition.
(C) Promotional items, including merchandise and
apparel.
(D) Consistent with section 4503 of title 5, United
States Code, necessary expenses for the honorary
recognition of competition participants, including
members of the uniformed services.
(E) Monetary and nonmonetary awards for competition
participants, including members of the uniformed
services, subject to subsection (f).
(2) Application.--This subsection shall apply to amounts
appropriated on or after the date of the enactment of this Act.
(f) Prize Limitation.--
(1) Awards by the director.--The Director may make one or
more awards per competition, except that the amount or value of
each shall not exceed $10,000.
(2) Awards by the secretary of homeland security.--The
Secretary of Homeland Security may make one or more awards per
competition, except the amount or the value of each shall not
exceed $25,000.
(3) Regular pay.--A monetary award under this section shall
be in addition to the regular pay of the recipient.
(4) Overall yearly award limit.--The total amount or value
of awards made under this Act during a fiscal year may not
exceed $100,000.
(g) Reporting Requirements.--The Director shall annually provide to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report that includes the following with respect to each
competition conducted in the preceding year:
(1) A description of available amounts.
(2) A description of authorized expenditures.
(3) Information relating to participation.
(4) Information relating to lessons learned, and how such
lessons may be applied to improve cybersecurity operations and
recruitment of the Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security.
SEC. 7122. INDUSTRIAL CONTROL SYSTEMS CYBERSECURITY TRAINING.
(a) In General.--Subtitle A of title XXII of the Homeland Security
Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the
following new section:
``SEC. 2220E. INDUSTRIAL CONTROL SYSTEMS CYBERSECURITY TRAINING
INITIATIVE.
``(a) Establishment.--
``(1) In general.--The Industrial Control Systems
Cybersecurity Training Initiative (in this section referred to
as the `Initiative') is established within the Agency.
``(2) Purpose.--The purpose of the Initiative is to develop
and strengthen the skills of the cybersecurity workforce
related to securing industrial control systems.
``(b) Requirements.--In carrying out the Initiative, the Director
shall--
``(1) ensure the Initiative includes--
``(A) virtual and in-person trainings and courses
provided at no cost to participants;
``(B) trainings and courses available at different
skill levels, including introductory level courses;
``(C) trainings and courses that cover cyber
defense strategies for industrial control systems,
including an understanding of the unique cyber threats
facing industrial control systems and the mitigation of
security vulnerabilities in industrial control systems
technology; and
``(D) appropriate consideration regarding the
availability of trainings and courses in different
regions of the United States; and
``(2) engage in--
``(A) collaboration with the National Laboratories
of the Department of Energy in accordance with section
309;
``(B) consultation with Sector Risk Management
Agencies;
``(C) as appropriate, consultation with private
sector entities with relevant expertise, such as
vendors of industrial control systems technologies; and
``(3) consult, to the maximum extent practicable, with
commercial training providers and academia to minimize the
potential for duplication of other training opportunities.
``(c) Reports.--
``(1) In general.--Not later than one year after the date
of the enactment of this section and annually thereafter, the
Director shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on the
Initiative.
``(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
``(A) A description of the courses provided under
the Initiative.
``(B) A description of outreach efforts to raise
awareness of the availability of such courses.
``(C) The number of participants in each course.
``(D) Voluntarily provided information on the
demographics of participants in such courses, including
by sex, race, and place of residence.
``(E) Information on the participation in such
courses of workers from each critical infrastructure
sector.
``(F) Plans for expanding access to industrial
control systems education and training, including
expanding access to women and underrepresented
populations, and expanding access to different regions
of the United States.
``(G) Recommendations regarding how to strengthen
the state of industrial control systems cybersecurity
education and training.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 2220D the following new item:
``Sec. 2220E. Industrial Control Systems Cybersecurity Training
Initiative.''.
SEC. 7123. NATIONAL COMPUTER FORENSICS INSTITUTE REAUTHORIZATION.
Section 822 of the Homeland Security Act of 2002 (6 U.S.C. 383) is
amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``In
General'' and inserting ``In General; Mission'';
(B) by striking ``2017 through 2022'' and inserting
``2023 through 2028''; and
(C) by striking the second sentence and inserting
``The Institute's mission shall be to educate, train,
and equip State, local, territorial, and Tribal law
enforcement officers, prosecutors, and judges, as well
as participants in the United States Secret Service's
network of cyber fraud task forces who are Federal
employees, members of the uniformed services, or State,
local, Tribal, or territorial employees, regarding the
investigation and prevention of cybersecurity
incidents, electronic crimes, and related cybersecurity
threats, including through the dissemination of
homeland security information, in accordance with
relevant Federal law regarding privacy, civil rights,
and civil liberties protections.'';
(2) by amending subsection (b) to read as follows:
``(b) Curriculum.--In furtherance of subsection (a), all education
and training of the Institute shall be conducted in accordance with
relevant Federal law regarding privacy, civil rights, and civil
liberties protections. Education and training provided pursuant to
subsection (a) shall relate to the following:
``(1) Investigating and preventing cybersecurity incidents,
electronic crimes, and related cybersecurity threats, including
relating to instances involving illicit use of digital assets
and emerging trends in cybersecurity and electronic crime.
``(2) Conducting forensic examinations of computers, mobile
devices, and other information systems.
``(3) Prosecutorial and judicial considerations related to
cybersecurity incidents, electronic crimes, related
cybersecurity threats, and forensic examinations of computers,
mobile devices, and other information systems.
``(4) Methods to obtain, process, store, and admit digital
evidence in court.''.
(3) in subsection (c)--
(A) by striking ``cyber and electronic crime and
related threats is shared with State, local, tribal,
and territorial law enforcement officers and
prosecutors'' and inserting ``cybersecurity incidents,
electronic crimes, and related cybersecurity threats is
shared with recipients of education and training
provided pursuant to subsection (a)''; and
(B) by adding at the end the following new
sentence: ``When selecting participants for such
training, the Institute shall prioritize, to the extent
reasonable and practicable, providing education and
training to individuals from geographically-diverse
jurisdictions throughout the United States, and the
Institute shall prioritize, to the extent reasonable
and practicable, State, local, tribal, and territorial
law enforcement officers, prosecutors, judges, and
other employees.'';
(4) in subsection (d)--
(A) by striking ``State, local, tribal, and
territorial law enforcement officers'' and inserting
``recipients of education and training provided
pursuant to subsection (a)''; and
(B) by striking ``necessary to conduct cyber and
electronic crime and related threat investigations and
computer and mobile device forensic examinations'' and
inserting ``for investigating and preventing
cybersecurity incidents, electronic crimes, and related
cybersecurity threats, and for forensic examinations of
computers, mobile devices, and other information
systems'';
(5) in subsection (e)--
(A) by amending the heading to read as follows:
``Cyber Fraud Task Forces'';
(B) by striking ``Electronic Crime'' and inserting
``Cyber Fraud'';
(C) by striking ``State, local, tribal, and
territorial law enforcement officers'' and inserting
``recipients of education and training provided
pursuant to subsection (a)''; and
(D) by striking ``at'' and inserting ``by''; and
(6) by inserting after subsection (f) the following new
subsections:
``(g) Expenses.--The Director of the United States Secret Service
may pay for all or a part of the education, training, or equipment
provided by the Institute, including relating to the travel,
transportation, and subsistence expenses of recipients of education and
training provided pursuant to subsection (a).
``(h) Annual Reports to Congress.--
``(1) In general.--The Secretary shall include in the
annual report required under section 1116 of title 31, United
States Code, information regarding the activities of the
Institute, including, where possible, the following:
``(A) An identification of jurisdictions with
recipients of the education and training provided
pursuant to subsection (a) during such year.
``(B) Information relating to the costs associated
with that education and training.
``(C) Any information regarding projected future
demand for the education and training provided pursuant
to subsection (a).
``(D) Impacts of the activities of the Institute on
the capability of jurisdictions to investigate and
prevent cybersecurity incidents, electronic crimes, and
related cybersecurity threats.
``(E) A description of the nomination process for
potential recipients of the information and training
provided pursuant to subsection (a).
``(F) Any other issues determined relevant by the
Secretary.
``(2) Exception.--Any information required under paragraph
(1) that is submitted as part of the annual budget submitted by
the President to Congress under section 1105 of title 31,
United States Code, is not required to be included in the
report required under paragraph (1).
``(i) Definitions.--In this section:
``(1) Cybersecurity threat.--The term `cybersecurity
threat' has the meaning given such term in section 102 of the
Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501)).
``(2) Incident.--The term `incident' has the meaning given
such term in section 2209(a).
``(3) Information system.--The term `information system'
has the meaning given such term in section 102 of the
Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501(9))).''.
SEC. 7124. REPORT ON CYBERSECURITY ROLES AND RESPONSIBILITIES OF THE
DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Homeland Security, in
coordination with the Director of the Cybersecurity and Infrastructure
Security Agency of the Department of Homeland Security, shall submit to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report on the roles and responsibilities of the Department and
its components relating to cyber incident response.
(b) Contents.--The report required under subsection (a) shall
include the following:
(1) A review of how the cyber incident response plans under
section 2210(c) of the Homeland Security Act of 2002 (6 U.S.C.
660(c)) are utilized in the Federal Government's response to a
cyber incident.
(2) An explanation of the roles and responsibilities of the
Department of Homeland Security and its components with
responsibility for, or in support of, the Federal Government's
response to a cyber incident, including primary responsibility
for working with impacted private sector entities.
(3) An explanation of which and how authorities of the
Department and its components are utilized in the Federal
Government's response to a cyber incident.
(4) Recommendations to provide further clarity for roles
and responsibilities of the Department and its components
relating to cyber incident response.
Subtitle D--Enhancing Transportation and Border Security Operations
SEC. 7131. TSA REACHING ACROSS NATIONALITIES, SOCIETIES, AND LANGUAGES
TO ADVANCE TRAVELER EDUCATION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration (TSA) shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a plan to ensure that TSA material
disseminated in major airports can be better understood by more people
accessing such airports.
(b) Contents.--The plan required under subsection (a) shall include
the following:
(1) An identification of the most common languages other
than English that are the primary languages of individuals that
travel through or work in each major airport.
(2) A plan to improve--
(A) TSA materials to communicate information in
languages identified pursuant to paragraph (1); and
(B) the communication of TSA material to
individuals with vision or hearing impairments or other
possible barriers to understanding such material.
(c) Considerations.--In developing the plan required under
subsection (a), the Administrator of the TSA, acting through the Office
of Civil Rights and Liberties, Ombudsman, and Traveler Engagement of
the TSA, shall take into consideration data regarding the following:
(1) International enplanements.
(2) Local populations surrounding major airports.
(3) Languages spoken by members of Indian Tribes within
each service area population in which a major airport is
located.
(d) Implementation.--Not later than 180 days after the submission
of the plan required under subsection (a), the Administrator of the
TSA, in consultation with the owner or operator of each major airport,
shall implement such plan.
(e) GAO Review.--Not later than one year after the implementation
pursuant to subsection (d) of the plan required under subsection (a),
the Comptroller General of the United States shall submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
review of such implementation.
(f) Definitions.--In this section:
(1) Airport.--The term ``airport'' has the meaning given
such term in section 40102 of title 49, United States Code.
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 102 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5130), individually identified (including parenthetically) in
the list published most recently as of the date of the
enactment of this Act pursuant to section 104 of that Act (25
U.S.C. 5131).
(3) Major airports.--The term ``major airports'' means
Category X and Category I airports.
(4) Non-traveling individual.--The term ``non-traveling
individual'' has the meaning given such term in section 1560.3
of title 49, Code of Federal Regulations.
(5) TSA material.--The term ``TSA material'' means signs,
videos, audio messages, websites, press releases, social media
postings, and other communications published and disseminated
by the Administrator of the TSA in Category X and Category I
airports for use by both traveling and non-traveling
individuals.
SEC. 7132. ONE-STOP PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs, the Committee on Commerce,
Science, and Transportation, and the Committee on
Foreign Relations of the Senate.
(3) TSA.--The term ``TSA'' means the Transportation
Security Administration of the Department of Homeland Security.
(b) Implementation.--Notwithstanding 44901(a) of title 49, United
States Code, the Administrator, in coordination with the Commissioner
of U.S. Customs and Border Protection and the Secretary of State, may
implement a pilot program at not more than six foreign last point of
departure airports to permit passengers and their accessible property
arriving on direct flights or flight segments originating at such
participating foreign airports to continue on additional flights or
flight segments originating in the United States without additional
security re-screening if--
(1) the initial screening was conducted in accordance with
an aviation security screening agreement described in
subsection (e);
(2) passengers arriving from participating foreign airports
are unable to access their checked baggage until the arrival at
their final destination; and
(3) upon arrival in the United States, passengers arriving
from participating foreign airports do not come into contact
with other arriving international passengers, those passengers'
property, or other persons who have not been screened or
subjected to other appropriate security controls required for
entry into the airport's sterile area.
(c) Requirements for Pilot Program.--In carrying out this section,
the Administrator shall ensure that there is no reduction in the level
of security or specific TSA aviation security standards or requirements
for screening passengers and their property prior to boarding an
international flight bound for the United States, including specific
aviation security standards and requirements regarding the following:
(1) High risk passengers and their property.
(2) Weapons, explosives, and incendiaries.
(3) Screening passengers and property transferring at a
foreign last point of departure airport from another airport
and bound for the United States, and addressing any commingling
of such passengers and property with passengers and property
screened under the pilot program described in subsection (b).
(4) Insider risk at foreign last point of departure
airports.
(d) Re-screening of Checked Baggage.--Subject to subsection (f),
the Administrator may determine whether checked baggage arriving from
participating foreign airports referenced in subsection (b) that screen
using an explosives detection system must be re-screened in the United
States by an explosives detection system before such baggage continues
on any additional flight or flight segment.
(e) Aviation Security Screening Agreement.--
(1) In general.--An aviation security screening agreement
described in this subsection is a treaty, executive agreement,
or non-binding instrument entered into with a foreign country
that delineates and implements security standards and protocols
utilized at a foreign last point of departure airport that are
determined by the Administrator--
(A) to be comparable to those of the United States;
and
(B) sufficiently effective to enable passengers and
their accessible property to deplane into sterile areas
of airports in the United States without the need for
re-screening.
(2) Non-delegation.--The authority to approve an aviation
security screening agreement may not be delegated below the
level of the Secretary of State, the Secretary of Homeland
Security, or the Administrator.
(f) Re-screening Requirement.--
(1) In general.--If the Administrator determines that a
foreign country participating in the aviation security
screening agreement has not maintained and implemented security
standards and protocols comparable to those of the United
States at foreign last point of departure airports at which a
pilot program has been established in accordance with this
section, the Administrator shall ensure that passengers and
their property arriving from such airports are re-screened in
the United States, including by using explosives detection
systems in accordance with section 44901(d)(1) of title 49,
United States Code, and implementing regulations and
directives, before such passengers and their property are
permitted into sterile areas of airports in the United States.
(2) Consultation.--If the Administrator has reasonable
grounds to believe the other party to an aviation security
screening agreement has not complied with such agreement, the
Administrator shall request immediate consultation with such
party.
(3) Suspension or termination of agreement.--If a
satisfactory resolution between TSA and a foreign country is
not reached within 45 days after a consultation request under
paragraph (2) or in the case of the foreign country's continued
or egregious failure to maintain the security standards and
protocols described in paragraph (1), the President, or with
the concurrence of the Secretary of State, the Secretary of
Homeland Security or the Administrator, as appropriate, shall
suspend or terminate the aviation security screening agreement
with such country, as determined appropriate by the President,
the Secretary of Homeland Security, or the Administrator. The
Administrator shall notify the appropriate congressional
committees of such consultation and suspension or termination,
as the case may be, not later than seven days after such
consultation and suspension or termination.
(g) Briefings to Congress.--Not later than 45 days before an
aviation security screening agreement described in subsection (e)
enters into force, the Administrator, in coordination with the
Secretary of State, shall submit to the appropriate congressional
committees the following:
(1) An aviation security threat assessment for the country
in which such foreign last point of departure airport is
located.
(2) Information regarding any corresponding mitigation
efforts to address any security issues identified in such
threat assessment, including any plans for joint covert
testing.
(3) Information on potential security vulnerabilities
associated with commencing a pilot program at such foreign last
point of departure airport pursuant to subsection (b) and
mitigation plans to address such potential security
vulnerabilities.
(4) An assessment of the impacts such pilot program will
have on aviation security.
(5) An assessment of the screening performed at such
foreign last point of departure airport, including the
feasibility of TSA personnel monitoring screening, security
protocols, and standards.
(6) Information regarding identifying the entity or
entities responsible for screening passengers and property at
such foreign last point of departure airport.
(7) The name of the entity or local authority and any
contractor or subcontractor.
(8) Information regarding the screening requirements
relating to such aviation security screening agreement.
(9) Details regarding information sharing mechanisms
between the TSA and such foreign last point of departure
airport, screening authority, or entity responsible for
screening provided for under such aviation security screening
agreement.
(10) A copy of the aviation security screening agreement,
which shall identify the foreign last point of departure
airport or airports at which a pilot program under this section
is to be established.
(h) Certifications Relating to the Pilot Program for One-stop
Security.--For each aviation security screening agreement described in
subsection (e), the Administrator, in coordination with the Secretary
of State, shall submit to the appropriate congressional committees the
following:
(1)(A) A certification that such agreement satisfies all of
the requirements specified in subsection (c); or
(B) in the event that one or more of such requirements are
not so satisfied, a description of the unsatisfied requirement
and information on what actions the Administrator will take to
ensure that such remaining requirements are satisfied before
such agreement enters into force.
(2) A certification that TSA and U.S. Customs and Border
Protection have ensured that any necessary physical
modifications or appropriate mitigations exist in the domestic
one-stop security pilot program airport prior to receiving
international passengers from a last point of departure airport
under the aviation security screening agreement.
(3) A certification that a foreign last point of departure
airport covered by an aviation security screening agreement has
an operation to screen all checked bags as required by law,
regulation, or international agreement, including the full
utilization of explosives detection systems to the extent
applicable.
(4) A certification that the Administrator consulted with
stakeholders, including air carriers, aviation nonprofit labor
organizations, airport operators, relevant interagency
partners, and other stakeholders that the Administrator
determines appropriate.
(i) Report to Congress.--Not later than five years after the date
of the enactment of this Act, the Secretary of Homeland Security, in
coordination with the Administrator, shall submit to the appropriate
congressional committees a report regarding the implementation of the
pilot program authorized under this section, including information
relating to the following:
(1) The impact of such program on homeland security and
international aviation security, including any benefits and
challenges of such program.
(2) The impact of such program on passengers, airports, and
air carriers, including any benefits and challenges of such
program.
(3) The impact and feasibility of continuing such program
or expanding it into a more permanent program, including any
benefits and challenges of such continuation or expansion.
(j) Rule of Construction.--Nothing in this section may be construed
as limiting the authority of U.S. Customs and Border Protection to
inspect persons and baggage arriving in the United States in accordance
with applicable law.
(k) Sunset.--The pilot program authorized under this section shall
terminate on the date that is six years after the date of the enactment
of this Act.
SEC. 7133. REPORT ON EFFORTS OF THE DEPARTMENT OF HOMELAND SECURITY TO
DETER VEHICULAR TERRORIST ATTACKS (DARREN DRAKE).
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to Congress a report on the efforts of the Department of Homeland
Security to deter vehicular terrorist attacks, including engagement
with the private sector and other stakeholders. Such report shall
include assessment of the following:
(1) The impact of such engagement on efforts to protect the
United States against terrorist attacks.
(2) A description of the Department's engagement with
privacy, civil rights, and civil liberties stakeholders.
(3) Ways to improve engagement among the following:
(A) The Department.
(B) Federal, State, local, and Tribal law
enforcement agencies.
(C) Other relevant stakeholders.
(b) Format.--The report required under subsection (a) may be
submitted in a classified or protected format, as determined
appropriate by the Secretary of Homeland Security.
SEC. 7134. DHS ILLICIT CROSS-BORDER TUNNEL DEFENSE.
(a) Counter Illicit Cross-border Tunnel Operations Strategic
Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Commissioner of U.S. Customs and
Border Protection, in coordination with the Under Secretary for
Science and Technology, and, as appropriate, other officials of
the Department of Homeland Security, shall develop a counter
illicit cross-border tunnel operations strategic plan (in this
section referred to as the ``strategic plan'') to address the
following:
(A) Risk-based criteria to be used to prioritize
the identification, breach, assessment, and remediation
of illicit cross-border tunnels.
(B) Promote the use of innovative technologies to
identify, breach, assess, and remediate illicit cross-
border tunnels in a manner that, among other
considerations, reduces the impact of such activities
on surrounding communities.
(C) Processes to share relevant illicit cross-
border tunnel location, operations, and technical
information.
(D) Indicators of specific types of illicit cross-
border tunnels found in each U.S. Border Patrol sector
identified through operations to be periodically
disseminated to U.S. Border Patrol sector chiefs to
educate field personnel.
(E) A counter illicit cross-border tunnel
operations resource needs assessment that includes
consideration of the following:
(i) Technology needs.
(ii) Staffing needs, including the
following:
(I) A position description for
counter illicit cross-border tunnel
operations personnel.
(II) Any specialized skills
required of such personnel.
(III) The number of such full time
personnel, disaggregated by U.S. Border
Patrol sector.
(2) Report to congress on strategic plan.--Not later than
one year after the development of the strategic plan, the
Commissioner of U.S. Customs and Border Protection shall submit
to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the
implementation of the strategic plan.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Commissioner of U.S. Customs and Border Protection
$1,000,000 for each of fiscal years 2023 and 2024 to carry out--
(1) the development of the strategic plan; and
(2) remediation operations of illicit cross-border tunnels
in accordance with the strategic plan to the maximum extent
practicable.
SEC. 7135. PROVIDING TRAINING FOR U.S. CUSTOMS AND BORDER PROTECTION
PERSONNEL ON THE USE OF CONTAINMENT DEVICES TO PREVENT
SECONDARY EXPOSURE TO FENTANYL AND OTHER POTENTIALLY
LETHAL SUBSTANCES.
(a) Training.--Paragraph (1) of section 416(b) of the Homeland
Security Act of 2002 (6 U.S.C. 216(b)) is amended by adding at the end
the following new subparagraph:
``(C) How to use containment devices to prevent
potential synthetic opioid exposure.''.
(b) Availability of Containment Devices.--Section 416(c) of the
Homeland Security Act of 2002 (6 U.S.C. 216(c)) is amended--
(1) in the subsection heading, by inserting ``, Containment
Devices,'' after ``Equipment''; and
(2) by striking ``and opioid receptor antagonists,
including naloxone'' and inserting ``, opioid receptor
antagonists, including naloxone, and containment devices''.
(c) Applicability to Other Components.--If the Secretary of
Homeland Secretary determines that officers, agents, other personnel,
or canines of a component of the Department of Homeland Security other
than U.S. Customs and Border Protection are at risk of potential
synthetic opioid exposure in the course of their duties, the head of
such component shall carry out the responsibilities under section 416
of the Homeland Security Act of 2002 (6 U.S.C. 216) in the same manner
and to the same degree as the Commissioner of U.S. Customs and Border
Protection carries out such responsibilities.
SEC. 7136. REPORTS, EVALUATIONS, AND RESEARCH REGARDING DRUG
INTERDICTION AT AND BETWEEN PORTS OF ENTRY.
(a) Research on Additional Technologies to Detect Fentanyl.--Not
later than one year after the date of the enactment of this Act, the
Secretary of Homeland Security, in consultation with the Attorney
General, the Secretary of Health and Human Services, and the Director
of the Office of National Drug Control Policy, shall research
additional technological solutions to--
(1) target and detect illicit fentanyl, fentanyl analogs,
and precursor chemicals, including low-purity fentanyl,
especially in counterfeit pressed tablets, and illicit pill
press molds; and
(2) enhance detection of such counterfeit pressed tablets
through nonintrusive, noninvasive, and other advanced screening
technologies.
(b) Evaluation of Current Technologies and Strategies in Illicit
Drug Interdiction and Procurement Decisions.--
(1) In general.--The Secretary of Homeland Security, in
consultation with the Attorney General, the Secretary of Health
and Human Services, and the Director of the Office of National
Drug Control Policy, shall establish a program to collect
available data and develop metrics to measure how technologies
and strategies used by the Department of Homeland Security,
U.S. Customs and Border Protection, U.S. Immigration and
Customs Enforcement, and other relevant Federal agencies have
helped detect trafficked illicit fentanyl, fentanyl analogs,
and precursor chemicals or deter illicit fentanyl, fentanyl
analogs, and precursor chemicals from being trafficked into the
United States at and between land, air, and sea ports of entry.
(2) Considerations.--The data and metrics program
established pursuant to paragraph (1) may consider--
(A) the rate of detection of illicit fentanyl,
fentanyl analogs, and precursor chemicals at land, air,
and sea ports of entry;
(B) investigations and intelligence sharing into
the origins of illicit fentanyl, fentanyl analogs, and
precursor chemicals within the United States; and
(C) other data or metrics considered appropriate by
the Secretary of Homeland Security.
(3) Updates.--The Secretary of Homeland Security, as
appropriate and in the coordination with the officials referred
to in paragraph (1), may update the data and metrics program
established pursuant to paragraph (1).
(4) Reports.--
(A) Secretary of homeland security.--Not later than
one year after the date of the enactment of this Act
and biennially thereafter, the Secretary of Homeland
Security, in consultation with the Attorney General,
the Secretary of Health and Human Services, and the
Director of the Office of National Drug Control Policy
shall, based on the data collected and metrics
developed pursuant to the program established pursuant
to paragraph (1), submit to the Committee on Homeland
Security, the Committee on Energy and Commerce, the
Committee on Science, Space, and Technology, and the
Committee on the Judiciary of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs, the Committee on Commerce,
Science, and Transportation, and the Committee on the
Judiciary of the Senate a report that--
(i) examines and analyzes current
technologies, including pilot technologies,
deployed at land, air, and sea ports of entry
to assess how well such technologies detect,
deter, and address illicit fentanyl, fentanyl
analogs, and precursor chemicals; and
(ii) examines and analyzes current
technologies, including pilot technologies,
deployed between land ports of entry to assess
how well and accurately such technologies
detect, deter, interdict, and address illicit
fentanyl, fentanyl analogs, and precursor
chemicals;
(B) Government accountability office.--Not later
than one year after the submission of each of the first
three reports required under subparagraph (A), the
Comptroller General of the United States shall submit
to the Committee on Homeland Security, the Committee on
Energy and Commerce, the Committee on Science, Space,
and Technology, and the Committee on the Judiciary of
the House of Representatives and the Committee on
Homeland Security and Governmental Affairs, the
Committee on Commerce, Science, and Transportation, and
the Committee on the Judiciary of the Senate a report
that evaluates and, as appropriate, makes
recommendations to improve, the collection of data
under the program established pursuant to paragraph (1)
and metrics used in the subsequent reports required
under such subparagraph.
Subtitle E--Technical Corrections, Conforming Changes, and Improvements
SEC. 7141. QUADRENNIAL HOMELAND SECURITY REVIEW TECHNICAL CORRECTIONS.
(a) In General.--Section 707 of the Homeland Security Act of 2002
(6 U.S.C. 347) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (B), by striking ``and'' after
the semicolon at the end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) representatives from appropriate advisory
committees established pursuant to section 871,
including the Homeland Security Advisory Council and
the Homeland Security Science and Technology Advisory
Committee, or otherwise established, including the
Aviation Security Advisory Committee established
pursuant to section 44946 of title 49, United States
Code; and'';
(2) in subsection (b)--
(A) in paragraph (2), by inserting before the
semicolon at the end the following: ``based on the risk
assessment required pursuant to subsection (c)(2)(B)'';
(B) in paragraph (3)--
(i) by inserting ``, to the extent
practicable,'' after ``describe''; and
(ii) by striking ``budget plan'' and
inserting ``resources required'';
(C) in paragraph (4)--
(i) by inserting ``, to the extent
practicable,'' after ``identify'';
(ii) by striking ``budget plan required to
provide sufficient resources to successfully''
and inserting ``resources required to''; and
(iii) by striking the semicolon at the end
and inserting the following: ``, including any
resources identified from redundant, wasteful,
or unnecessary capabilities or capacities that
may be redirected to better support other
existing capabilities or capacities, as the
case may be; and'';
(D) in paragraph (5), by striking ``; and'' and
inserting a period; and
(E) by striking paragraph (6);
(3) in subsection (c)--
(A) in paragraph (1), by striking ``December 31 of
the year'' and inserting ``60 days after the date of
the submission of the President's budget for the fiscal
year after the fiscal year'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``description of the threats to'' and inserting
``risk assessment of'';
(ii) in subparagraph (C), by inserting ``,
as required under subsection (b)(2)'' before
the semicolon at the end;
(iii) in subparagraph (D)--
(I) by inserting ``to the extent
practicable,'' before ``a
description''; and
(II) by striking ``budget plan''
and inserting ``resources required'';
(iv) in subparagraph (F)--
(I) by inserting ``to the extent
practicable,'' before ``a discussion'';
and
(II) by striking ``the status of'';
(v) in subparagraph (G)--
(I) by inserting ``to the extent
practicable,'' before ``a discussion'';
(II) by striking ``the status of'';
(III) by inserting ``and risks''
before ``to national homeland''; and
(IV) by inserting ``and'' after the
semicolon at the end;
(vi) by striking subparagraph (H); and
(vii) by redesignating subparagraph (I) as
subparagraph (H);
(C) by redesignating paragraph (3) as paragraph
(4); and
(D) by inserting after paragraph (2) the following
new paragraph:
``(3) Documentation.--The Secretary shall retain and, upon
request, provide to Congress the following documentation
regarding each quadrennial homeland security review:
``(A) Records regarding the consultation carried
out pursuant to subsection (a)(3), including the
following:
``(i) All written communications, including
communications sent out by the Secretary and
feedback submitted to the Secretary through
technology, online communications tools, in-
person discussions, and the interagency
process.
``(ii) Information on how feedback received
by the Secretary informed each such quadrennial
homeland security review.
``(B) Information regarding the risk assessment
required pursuant to subsection (c)(2)(B), including
the following:
``(i) The risk model utilized to generate
such risk assessment.
``(ii) Information, including data used in
the risk model, utilized to generate such risk
assessment.
``(iii) Sources of information, including
other risk assessments, utilized to generate
such risk assessment.
``(iv) Information on assumptions, weighing
factors, and subjective judgments utilized to
generate such risk assessment, together with
information on the rationale or basis
thereof.'';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following new
subsection:
``(d) Review.--Not later than 90 days after the submission of each
report required under subsection (c)(1), the Secretary shall provide to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate information on the degree to which the findings and
recommendations developed in the quadrennial homeland security review
that is the subject of such report were integrated into the acquisition
strategy and expenditure plans for the Department.''.
(b) Effective Date.--The amendments made by this Act shall apply
with respect to a quadrennial homeland security review conducted after
December 31, 2021.
SEC. 7142. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.
The table of contents in section 1(b) of the Homeland Security Act
of 2002 is amended by--
(1) amending the items relating to sections 435 and 436 to
read as follows:
``Sec. 435. Maritime operations coordination plan.
``Sec. 436. Maritime security capabilities assessments.'';
(2) amending the item relating to section 1617 to read as
follows:
``Sec. 1617. Diversified security technology industry marketplace.'';
(3) amending the item relating to section 1621 to read as
follows:
``Sec. 1621. Maintenance validation and oversight.''; and
(4) amending the item relating to section 2103 to read as
follows:
``Sec. 2103. Protection and sharing of information.''.
SEC. 7143. CISA TECHNICAL CORRECTIONS AND IMPROVEMENTS.
(a) Technical Amendment Relating to DOTGOV Act of 2020.--
(1) Amendment.--Section 904(b)(1) of the DOTGOV Act of 2020
(title IX of division U of Public Law 116-260) is amended, in
the matter preceding subparagraph (A), by striking ``Homeland
Security Act'' and inserting ``Homeland Security Act of 2002''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if enacted as part of the DOTGOV Act of
2020 (title IX of division U of Public Law 116-260).
(b) Consolidation of Definitions.--
(1) In general.--Title XXII of the Homeland Security Act of
2002 (6 U.S.C. 651 et seq.) is amended by inserting before the
subtitle A heading the following:
``SEC. 2200. DEFINITIONS.
``Except as otherwise specifically provided, in this title:
``(1) Agency.--The term `Agency' means the Cybersecurity
and Infrastructure Security Agency.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(B) the Committee on Homeland Security of the
House of Representatives.
``(3) Cloud service provider.--The term `cloud service
provider' means an entity offering products or services related
to cloud computing, as defined by the National Institute of
Standards and Technology in NIST Special Publication 800-145
and any amendatory or superseding document relating thereto.
``(4) Critical infrastructure information.--The term
`critical infrastructure information' means information not
customarily in the public domain and related to the security of
critical infrastructure or protected systems--
``(A) actual, potential, or threatened interference
with, attack on, compromise of, or incapacitation of
critical infrastructure or protected systems by either
physical or computer-based attack or other similar
conduct (including the misuse of or unauthorized access
to all types of communications and data transmission
systems) that violates Federal, State, or local law,
harms interstate commerce of the United States, or
threatens public health or safety;
``(B) the ability of any critical infrastructure or
protected system to resist such interference,
compromise, or incapacitation, including any planned or
past assessment, projection, or estimate of the
vulnerability of critical infrastructure or a protected
system, including security testing, risk evaluation
thereto, risk management planning, or risk audit; or
``(C) any planned or past operational problem or
solution regarding critical infrastructure or protected
systems, including repair, recovery, reconstruction,
insurance, or continuity, to the extent it is related
to such interference, compromise, or incapacitation.
``(5) Cyber threat indicator.--The term `cyber threat
indicator' means information that is necessary to describe or
identify--
``(A) malicious reconnaissance, including anomalous
patterns of communications that appear to be
transmitted for the purpose of gathering technical
information related to a cybersecurity threat or
security vulnerability;
``(B) a method of defeating a security control or
exploitation of a security vulnerability;
``(C) a security vulnerability, including anomalous
activity that appears to indicate the existence of a
security vulnerability;
``(D) a method of causing a user with legitimate
access to an information system or information that is
stored on, processed by, or transiting an information
system to unwittingly enable the defeat of a security
control or exploitation of a security vulnerability;
``(E) malicious cyber command and control;
``(F) the actual or potential harm caused by an
incident, including a description of the information
exfiltrated as a result of a particular cybersecurity
threat;
``(G) any other attribute of a cybersecurity
threat, if disclosure of such attribute is not
otherwise prohibited by law; or
``(H) any combination thereof.
``(6) Cybersecurity purpose.--The term `cybersecurity
purpose' means the purpose of protecting an information system
or information that is stored on, processed by, or transiting
an information system from a cybersecurity threat or security
vulnerability.
``(7) Cybersecurity risk.--The term `cybersecurity risk'--
``(A) means threats to and vulnerabilities of
information or information systems and any related
consequences caused by or resulting from unauthorized
access, use, disclosure, degradation, disruption,
modification, or destruction of such information or
information systems, including such related
consequences caused by an act of terrorism; and
``(B) does not include any action that solely
involves a violation of a consumer term of service or a
consumer licensing agreement.
``(8) Cybersecurity threat.--
``(A) In general.--Except as provided in
subparagraph (B), the term `cybersecurity threat' means
an action, not protected by the First Amendment to the
Constitution of the United States, on or through an
information system that may result in an unauthorized
effort to adversely impact the security, availability,
confidentiality, or integrity of an information system
or information that is stored on, processed by, or
transiting an information system.
``(B) Exclusion.--The term `cybersecurity threat'
does not include any action that solely involves a
violation of a consumer term of service or a consumer
licensing agreement.
``(9) Defensive measure.--
``(A) In general.--Except as provided in
subparagraph (B), the term `defensive measure' means an
action, device, procedure, signature, technique, or
other measure applied to an information system or
information that is stored on, processed by, or
transiting an information system that detects,
prevents, or mitigates a known or suspected
cybersecurity threat or security vulnerability.
``(B) Exclusion.--The term `defensive measure' does
not include a measure that destroys, renders unusable,
provides unauthorized access to, or substantially harms
an information system or information stored on,
processed by, or transiting such information system not
owned by--
``(i) the private entity, as defined in
section 102 of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501), operating
the measure; or
``(ii) another entity or Federal entity
that is authorized to provide consent and has
provided consent to that private entity for
operation of such measure.
``(10) Director.--The term `Director' means the Director of
the Cybersecurity and Infrastructure Security Agency.
``(11) Homeland security enterprise.--The term `Homeland
Security Enterprise' means relevant governmental and
nongovernmental entities involved in homeland security,
including Federal, State, local, and Tribal government
officials, private sector representatives, academics, and other
policy experts.
``(12) Incident.--The term `incident' means an occurrence
that actually or imminently jeopardizes, without lawful
authority, the integrity, confidentiality, or availability of
information on an information system, or actually or imminently
jeopardizes, without lawful authority, an information system.
``(13) Information sharing and analysis organization.--The
term `Information Sharing and Analysis Organization' means any
formal or informal entity or collaboration created or employed
by public or private sector organizations, for purposes of--
``(A) gathering and analyzing critical
infrastructure information, including information
related to cybersecurity risks and incidents, in order
to better understand security problems and
interdependencies related to critical infrastructure,
including cybersecurity risks and incidents, and
protected systems, so as to ensure the availability,
integrity, and reliability thereof;
``(B) communicating or disclosing critical
infrastructure information, including cybersecurity
risks and incidents, to help prevent, detect, mitigate,
or recover from the effects of an interference, a
compromise, or an incapacitation problem related to
critical infrastructure, including cybersecurity risks
and incidents, or protected systems; and
``(C) voluntarily disseminating critical
infrastructure information, including cybersecurity
risks and incidents, to its members, State, local, and
Federal Governments, or any other entities that may be
of assistance in carrying out the purposes specified in
subparagraphs (A) and (B).
``(14) Information system.--The term `information system'--
``(A) has the meaning given the term in section
3502 of title 44, United States Code; and
``(B) includes industrial control systems, such as
supervisory control and data acquisition systems,
distributed control systems, and programmable logic
controllers.
``(15) Intelligence community.--The term `intelligence
community' has the meaning given the term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
``(16) Malicious cyber command and control.--The term
`malicious cyber command and control' means a method for
unauthorized remote identification of, access to, or use of, an
information system or information that is stored on, processed
by, or transiting an information system.
``(17) Malicious reconnaissance.--The term `malicious
reconnaissance' a method for actively probing or passively
monitoring an information system for the purpose of discerning
security vulnerabilities of the information system, if such
method is associated with a known or suspected cybersecurity
threat.
``(18) Managed service provider.--The term `managed service
provider' means an entity that delivers services, such as
network, application, infrastructure, or security services, via
ongoing and regular support and active administration on the
premises of a customer, in the data center of the entity (such
as hosting), or in a third party data center.
``(19) Monitor.--The term `monitor' means to acquire,
identify, or scan, or to possess, information that is stored
on, processed by, or transiting an information system.
``(20) National cybersecurity asset response activities.--
The term `national cybersecurity asset response activities'
means--
``(A) furnishing cybersecurity technical assistance
to entities affected by cybersecurity risks to protect
assets, mitigate vulnerabilities, and reduce impacts of
cyber incidents;
``(B) identifying other entities that may be at
risk of an incident and assessing risk to the same or
similar vulnerabilities;
``(C) assessing potential cybersecurity risks to a
sector or region, including potential cascading
effects, and developing courses of action to mitigate
such risks;
``(D) facilitating information sharing and
operational coordination with threat response; and
``(E) providing guidance on how best to utilize
Federal resources and capabilities in a timely,
effective manner to speed recovery from cybersecurity
risks.
``(21) National security system.--The term `national
security system' has the meaning given the term in section
11103 of title 40, United States Code.
``(22) Ransomware attack.--The term `ransomware attack'--
``(A) means an incident that includes the use or
threat of use of unauthorized or malicious code on an
information system, or the use or threat of use of
another digital mechanism such as a denial of service
attack, to interrupt or disrupt the operations of an
information system or compromise the confidentiality,
availability, or integrity of electronic data stored
on, processed by, or transiting an information system
to extort a demand for a ransom payment; and
``(B) does not include any such event in which the
demand for payment is--
``(i) not genuine; or
``(ii) made in good faith by an entity in
response to a specific request by the owner or
operator of the information system.
``(23) Sector risk management agency.--The term `Sector
Risk Management Agency' means a Federal department or agency,
designated by law or Presidential directive, with
responsibility for providing institutional knowledge and
specialized expertise of a sector, as well as leading,
facilitating, or supporting programs and associated activities
of its designated critical infrastructure sector in the all
hazards environment in coordination with the Department.
``(24) Security control.--The term `security control' means
the management, operational, and technical controls used to
protect against an unauthorized effort to adversely affect the
confidentiality, integrity, and availability of an information
system or its information.
``(25) Security vulnerability.--The term `security
vulnerability' means any attribute of hardware, software,
process, or procedure that could enable or facilitate the
defeat of a security control.
``(26) Sharing.--The term `sharing' (including all
conjugations thereof) means providing, receiving, and
disseminating (including all conjugations of each such terms).
``(27) SLTT entity.--The term `SLTT entity' means a
domestic government entity that is a State government, local
government, Tribal government, territorial government, or any
subdivision thereof.
``(28) Supply chain compromise.--The term `supply chain
compromise' means an incident within the supply chain of an
information system that an adversary can leverage, or does
leverage, to jeopardize the confidentiality, integrity, or
availability of the information system or the information the
system processes, stores, or transmits, and can occur at any
point during the life cycle.''.
(2) Technical and conforming amendments.--The Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(A) in section 320(d)(3)(C) (6 U.S.C.
195f(d)(3)(C)), by striking ``section 2201'' and
inserting ``section 2200'';
(B) by amending section 2201 (6 U.S.C. 651) to read
as follows:
``SEC. 2201. DEFINITION.
``In this subtitle, the term `Cybersecurity Advisory Committee'
means the advisory committee established under section 2219(a).'';
(C) in section 2202 (6 U.S.C. 652)--
(i) in subsection (a)(1), by striking ``(in
this subtitle referred to as the Agency)'';
(ii) in subsection (b)(1), by striking ``a
Director of Cybersecurity and Infrastructure
Security (in this subtitle referred to as the
`Director')'' and inserting ``the Director'';
and
(iii) in subsection (f)--
(I) in paragraph (1), by inserting
``Executive'' before ``Assistant
Director'';
(II) in paragraph (2), by inserting
``Executive'' before ``Assistant
Director''; and
(III) in paragraph (3), by
inserting ``Executive'' before
``Assistant Director'';
(D) in section 2209 (6 U.S.C. 659)--
(i) by striking subsection (a) and
inserting the following:
``(a) Definition.--The term `cybersecurity vulnerability' has the
meaning given the term `security vulnerability' in section 2200.'';
(ii) in subsection (b), by inserting
``Executive'' before ``Assistant Director for
Cybersecurity'';
(iii) in subsection (d)(1)--
(I) in subparagraph (A)(iii), by
striking ``, as that term is defined
under section 3(4) of the National
Security Act of 1947 (50 U.S.C.
3003(4))''; and
(II) in subparagraph (B)(ii), by
striking ``information sharing and
analysis organizations'' and inserting
``Information Sharing and Analysis
Organizations'';
(iv) in subsection (e)(1)(E)(ii)(II), by
striking ``information sharing and analysis
organizations'' and inserting ``Information
Sharing and Analysis Organizations'';
(v) in the second subsection (p), by
striking ``(p) Coordination on Cybersecurity
for SLTT Entities.--'' and inserting ``(r)
Coordination on Cybersecurity for SLTT
Entities.--''; and
(vi) in the second subsection (q), by
striking ``(q) Report.--'' and inserting ``(s)
Report.--'';
(E) in section 2210 (6 U.S.C. 660)--
(i) in subsection (a), by striking
``section--'' and all that follows and
inserting ``section, the term `agency
information system' means an information system
used or operated by an agency or by another
entity on behalf of an agency.'';
(ii) in subsection (c)--
(I) by striking ``information
sharing and analysis organizations (as
defined in section 2222(5))'' and
inserting ``Information Sharing and
Analysis Organizations''; and
(II) by striking ``(as defined in
section 2209)''; and
(iii) in subsection (e)--
(I) in paragraph (1)(B), by
striking ``(as such term is defined in
section 2209)''; and
(II) in paragraph (3)(C), by
striking ``(as such term is defined in
section 102 of the Cybersecurity
Information Sharing Act of 2015 (6
U.S.C. 1501))'';
(F) in section 2211 (6 U.S.C. 661), by striking
subsection (h);
(G) in section 2212 (6 U.S.C. 662), by striking
``information sharing and analysis organizations (as
defined in section 2222(5))'' and inserting
``Information Sharing and Analysis Organizations'';
(H) in section 2213(a) (6 U.S.C. 663(a)), by
striking paragraph (4); and
(I) in section 2216 (6 U.S.C. 665b)--
(i) in subsection (d)(2), by striking
``information sharing and analysis
organizations'' and inserting ``Information
Sharing and Analysis Organizations''; and
(ii) in subsection (f), by striking
``section:'' and all that follows and inserting
``section, the term `cyber defense operation'
means the defensive activities performed for a
cybersecurity purpose.'';
(J) in section 2218(c)(4)(A) (6 U.S.C. 665d(4)(A)),
by striking ``information sharing and analysis
organizations'' and inserting ``Information Sharing and
Analysis Organizations'';
(K) in section 2220A (6 U.S.C. 665g)--
(i) in subsection (a)--
(I) by striking paragraphs (1),
(2), (5), (6), and (7); and
(II) by redesignating paragraphs
(3), (4), (8), (9), (10), (11), and
(12) as paragraphs (1) through (7),
respectively;
(ii) in subsection (e)(2)(B)(xiv)(II)(aa),
by striking ``information sharing and analysis
organization'' and inserting ``Information
Sharing and Analysis Organization'';
(iii) in subsection (p), by striking
``appropriate committees of Congress'' and
inserting ``appropriate congressional
committees''; and
(iv) in subsection (q)(4), in the matter
preceding clause (i), by striking ``appropriate
committees of Congress'' and inserting
``appropriate congressional committees'';
(L) in section 2220C (6 U.S.C. 665i), by striking
subsection (f) and inserting the following:
``(f) Definition.--In this section, the term `industrial control
system' means an information system used to monitor and/or control
industrial processes such as manufacturing, product handling,
production, and distribution, including supervisory control and data
acquisition (SCADA) systems used to monitor and/or control
geographically dispersed assets, distributed control systems (DCSs),
Human-Machine Interfaces (HMIs), and programmable logic controllers
that control localized processes.'';
(M) in section 2222 (6 U.S.C. 671)--
(i) by striking paragraph (3) and inserting
the following:
``(3) Critical infrastructure information.--The term
`critical infrastructure information' has the meaning given the
term in section 2200.'';
(ii) by striking paragraphs (5) and (8);
and
(iii) by redesignating paragraphs (6) and
(7) as paragraphs (5) and (6), respectively;
and
(N) in section 2240 (6 U.S.C. 681)--
(i) by striking paragraph (2);
(ii) by redesignating paragraphs (3)
through (7) as paragraphs (2) through (6);
(iii) in paragraph (6), as so redesignated,
by striking ``section 2201'' and inserting
``section 2200'';
(iv) by striking paragraph (8), and
inserting the following:
``(7) Federal entity.--The term `Federal entity' has the
meaning given the term in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501).'';
(v) by striking paragraphs (9) through
(12), (14), (15), and (17); and
(vi) by redesignating paragraphs (13),
(16), (18), and (19) as paragraphs (8), (9),
(10), and (11), respectively.
(3) Table of contents amendments.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law
107-296; 116 Stat. 2135) is amended--
(A) by inserting before the item relating to
subtitle A of title XXII the following:
``Sec. 2200. Definitions.'';
(B) by striking the item relating to section 2201
and insert the following:
``Sec. 2201. Definition.''; and
(C) by moving the item relating to section 2220D to
appear after the item relating to section 2220C.
(4) Cybersecurity information sharing act of 2015
definitions.--Section 102 of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501) is amended--
(A) by striking paragraphs (4) through (7) and
inserting the following:
``(4) Cybersecurity purpose.--The term `cybersecurity
purpose' has the meaning given the term in section 2200 of the
Homeland Security Act of 2002.
``(5) Cybersecurity threat.--The term `cybersecurity
threat' has the meaning given the term in section 2200 of the
Homeland Security Act of 2002.
``(6) Cyber threat indicator.--The term `cyber threat
indicator' has the meaning given the term in section 2200 of
the Homeland Security Act of 2002.
``(7) Defensive measure.--The term `defensive measure' has
the meaning given the term in section 2200 of the Homeland
Security Act of 2002.'';
(B) by striking paragraph (9) and inserting the
following:
``(9) Information system.--The term `information system'
has the meaning given the term in section 2200 of the Homeland
Security Act of 2002.''.
(C) by striking paragraphs (11), (12), and (13) and
inserting the following:
``(11) Malicious cyber command and control.--The term
`malicious cyber command and control' has the meaning given the
term in section 2200 of the Homeland Security Act of 2002.
``(12) Malicious reconnaissance.--The term `malicious
reconnaissance' has the meaning given the term in section 2200
of the Homeland Security Act of 2002.
``(13) Monitor.-- The term `monitor' has the meaning given
the term in section 2200 of the Homeland Security Act of
2002.''; and
(D) by striking paragraphs (16) and (17) and
inserting the following:
``(16) Security control.--The term `security control' has
the meaning given the term in section 2200 of the Homeland
Security Act of 2002.
``(17) Security vulnerability.--The term `security
vulnerability' has the meaning given the term in section 2200
of the Homeland Security Act of 2002.''.
(c) Correction to the Title of the Director of the Cybersecurity
and Infrastructure Security Agency.--The Homeland Security Act of 2002
(6 U.S.C. 101 et seq.) is amended--
(1) in section 523 (6 U.S.C. 3211)--
(A) in subsection (a), in the matter preceding
paragraph (1), by striking ``Director of Cybersecurity
and Infrastructure Security'' and inserting ``Director
of the Cybersecurity and Infrastructure Security
Agency''; and
(B) in subsection (c), by striking ``Director of
Cybersecurity and Infrastructure Security'' and
inserting ``Director of the Cybersecurity and
Infrastructure Security Agency'';
(2) in section 884(d)(4)(A)(ii) (6 U.S.C.
464(d)(4)(A)(ii)), by striking ``Director of Cybersecurity and
Infrastructure Security'' and inserting ``Director of the
Cybersecurity and Infrastructure Security Agency'';
(3) in section 1801(b) (6 U.S.C. 571(b)), in the second and
third sentences, by striking ``Director of Cybersecurity and
Infrastructure Security'' and inserting ``Director of the
Cybersecurity and Infrastructure Security Agency'';
(4) in section 2104(c)(2) (6 U.S.C. 624(c)(2)), by striking
``Director of Cybersecurity and Infrastructure Security'' and
inserting ``Director of the Cybersecurity and Infrastructure
Security Agency'';
(5) in section 2202 (6 U.S.C. 652)--
(A) in subsection (b)(3), by striking ``Director of
Cybersecurity and Infrastructure Security of the
Department'' and inserting ``Director of the
Cybersecurity and Infrastructure Security Agency''; and
(B) in subsection (d), in the matter preceding
paragraph (1), by striking ``Director of Cybersecurity
and Infrastructure Security'' and inserting ``Director
of the Cybersecurity and Infrastructure Security
Agency'';
(6) in section 2205, in the matter preceding paragraph (1),
by striking ``Director of Cybersecurity and Infrastructure
Security'' and inserting ``Director of the Cybersecurity and
Infrastructure Security Agency'';
(7) in section 2206, by striking ``Director of
Cybersecurity and Infrastructure Security'' and inserting
``Director of the Cybersecurity and Infrastructure Security
Agency''; and
(8) in section 2210(c), by striking ``Director of
Cybersecurity and Infrastructure Security'' and inserting
``Director of the Cybersecurity and Infrastructure Security
Agency''.
(d) Additional Technical and Conforming Amendments.--
(1) Federal cybersecurity enhancement act of 2015.--The
Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1521 et
seq.) is amended--
(A) in section 222(4) (6 U.S.C. 1521(4)), by
striking ``section 2209'' and inserting ``section
2200''; and
(B) in section 226(a)(2) (6 U.S.C. 1524(a)(2)), by
striking ``section 102'' and inserting ``section 2200
of the Homeland Security Act of 2002''.
(2) Federal power act.--Section 219A(a)(1) of the Federal
Power Act (16 U.S.C. 824s-1(a)(1)) is amended by striking
``section 102 of the Cybersecurity Act of 2015 (6 U.S.C.
1501)'' and inserting ``section 2200 of the Homeland Security
Act of 2002''.
(3) Infrastructure investment and jobs act.--Section
40124(a)(1) of the Infrastructure Investment and Jobs Act (42
U.S.C. 18723(a)(1)) is amended by striking ``section 102 of the
Cybersecurity Act of 2015 (6 U.S.C. 1051)'' and inserting
``section 2200 of the Homeland Security Act of 2002)''.
(4) Public health service act.--Section 2811(b)(4)(D) of
the Public Health Service Act (42 U.S.C. 300hh-10(b)(4)(D)) is
amended by striking ``section 228(c) of the Homeland Security
Act of 2002 (6 U.S.C. 149(c))'' and inserting ``section 2210(b)
of the Homeland Security Act of 2002 (6 U.S.C. 660(b))''.
(5) William m. (mac) thornberry national defense
authorization act of fiscal year 2021.--Section 9002 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (6 U.S.C. 652a) is amended--
(A) in subsection (a)--
(i) by striking paragraph (5);
(ii) by redesignating paragraphs (6) and
(7) as paragraphs (5) and (6), respectively;
and
(iii) by amending paragraph (7) to read as
follows:
``(7) Sector risk management agency.--The term `Sector Risk
Management Agency' has the meaning given the term in section
2200 of the Homeland Security Act of 2002.'';
(B) in subsection (c)(3)(B), by striking ``given
such term in section 2201(5) (6 U.S.C. 651(5))'' and
inserting ``given such term in section 2200''; and
(C) in subsection (d), by striking ``section 2215
of the Homeland Security Act of 2002, as added by this
section'' and inserting ``section 2218 of the Homeland
Security Act of 2002 (6 U.S.C. 665d)''.
(6) National security act of 1947.--Section 113B(b)(4) of
the National Security Act of 1947 (50 U.S.C. 3049a(b)(4)) is
amended by striking section ``226 of the Homeland Security Act
of 2002 (6 U.S.C. 147)'' and inserting ``section 2208 of the
Homeland Security Act of 2002 (6 U.S.C. 658)''.
(7) National defense authorization act for fiscal year
2020.--Section 6503(a)(3) of the National Defense Authorization
Act for Fiscal Year 2020 (50 U.S.C. 3371a(a)(3)) is amended by
striking ``section 102 of the Cybersecurity Information Sharing
Act of 2015 (6 U.S.C. 1501)'' and inserting ``section 2200 of
the Homeland Security Act of 2002''.
(8) IoT cybersecurity improvement act of 2020.--Section
3(8) of the IoT Cybersecurity Improvement Act of 2020 (15
U.S.C. 278g-3a(8)) is amended by striking ``section 102(17) of
the Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501(17))'' and inserting ``section 2200 of the Homeland
Security Act of 2002''.
(9) Small business act.--Section 21(a)(8)(B) of the Small
Business Act (15 U.S.C. 648(a)(8)(B)) is amended by striking
``section 2209(a)'' and inserting ``section 2200''.
(10) Title 46.--Section 70101(2) of title 46, United States
Code, is amended by striking ``section 227 of the Homeland
Security Act of 2002 (6 U.S.C. 148)'' and inserting ``section
2200 of the Homeland Security Act of 2002''.
(e) Clarifying and Technical Amendments to the Cyber Incident
Reporting for Critical Infrastructure Act of 2022.--The Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(1) in section 2243(6 U.S.C. 681c), by striking subsection
(c) and inserting the following:
``(c) Application of Section 2245.--Section 2245 shall apply in the
same manner and to the same extent to reports and information submitted
under subsections (a) and (b) as it applies to reports and information
submitted under section 2242.''; and
(2) in section 2244(b)(2) (6 U.S.C. 681d(b)(2)), by
inserting ``including that section 2245 shall apply to such
information in the same manner and to the same extent to
information submitted in response to requests under paragraph
(1) as it applies to information submitted under section
2242''after ``section 2242''.
(f) Rule of Construction.--
(1) Interpretation of technical corrections.--Nothing in
the amendments made by subsections (a) through (d) shall be
construed to alter the authorities, responsibilities,
functions, or activities of any agency (as such term is defined
in section 3502 of title 44, United States Code) or officer or
employee of the United States on or before the date of
enactment of this Act.
(2) Interpretation of references to definitions.--Any
reference to a term defined in the Homeland Security Act of
2002 (6 U.S.C. 101 et seq.) on the day before the date of
enactment of this Act that is defined in section 2200 of that
Act pursuant to the amendments made under this Act shall be
deemed to be a reference to that term as defined in section
2200 of the Homeland Security Act of 2002, as added by this
Act.
TITLE LXXII--GOVERNMENTAL AFFAIRS
Subtitle A--Intragovernmental Cybersecurity Information Sharing Act
Sec. 7201. Requirement for information sharing agreements.
Subtitle A--Improving Government for America's Taxpayers
Sec. 7211. Government Accountability Office unimplemented priority
recommendations.
Subtitle B--Advancing American AI Act
Sec. 7221. Short title.
Sec. 7222. Purposes.
Sec. 7223. Definitions.
Sec. 7224. Principles and policies for use of artificial intelligence
in Government.
Sec. 7225. Agency inventories and artificial intelligence use cases.
Sec. 7226. Rapid pilot, deployment and scale of applied artificial
intelligence capabilities to demonstrate
modernization activities related to use
cases.
Sec. 7227. Enabling entrepreneurs and agency missions.
Sec. 7228. Intelligence community exception.
Subtitle C--Strategic EV Management
Sec. 7231. Short Title.
Sec. 7232. Definitions.
Sec. 7233. Strategic guidance.
Sec. 7234. Study of Federal fleet vehicles.
Subtitle D--Congressionally Mandated Reports
Sec. 7241. Short title.
Sec. 7242. Definitions.
Sec. 7243. Establishment of online portal for congressionally mandated
reports.
Sec. 7244. Federal agency responsibilities.
Sec. 7245. Changing or removing reports.
Sec. 7246. Withholding of information.
Sec. 7247. Implementation.
Sec. 7248. Determination of budgetary effects.
Subtitle A--Intragovernmental Cybersecurity Information Sharing Act
SEC. 7201. REQUIREMENT FOR INFORMATION SHARING AGREEMENTS.
(a) Short Title.--This section may be cited as the
``Intragovernmental Cybersecurity and Counterintelligence Information
Sharing Act''.
(b) Findings.--Congress finds the following:
(1) The legislative branch, as a separate and equal branch
of the United States Government, is a target of adversary cyber
actors and intelligence services.
(2) The legislative branch relies on the executive branch
to provide timely and urgent tactical and operational
information to ensure that Congress can protect the
constitutional officers, personnel, and facilities of Congress
and the institution of Congress more broadly.
(3) The legislative branch currently is not receiving this
information in a timely manner nor as a matter of course.
(c) Definitions.--In this section--
(1) the term ``congressional leadership'' means--
(A) the Majority and Minority Leader of the Senate
with respect to an agreement with the Sergeant at Arms
and Doorkeeper of the Senate or the Secretary of the
Senate; and
(B) the Speaker and Minority Leader of the House of
Representatives with respect to an agreement with the
Chief Administrative Officer of the House of
Representatives or the Sergeant at Arms of the House of
Representatives; and
(2) the terms ``cybersecurity threat'' and ``security
vulnerability'' have the meanings given those terms in section
2200 of the Homeland Security Act of 2002, as added by section
5171 of this division.
(d) Requirement.--
(1) Designation.--
(A) In general.--Not later than 30 days after the
date of enactment of this Act, the President shall
designate--
(i) an individual appointed by the
President, by and with the advice and consent
of the Senate, to serve as a single point of
contact to the legislative branch on matters
related to tactical and operational
cybersecurity threats and security
vulnerabilities; and
(ii) an individual appointed by the
President, by and with the advice and consent
of the Senate, to serve as a single point of
contact to the legislative branch on matters
related to tactical and operational
counterintelligence.
(B) Coordination.--The individuals designated by
the President under subparagraph (A) shall coordinate
with appropriate Executive agencies (as defined in
section 105 of title 5, United States Code, including
the Executive Office of the President) and appropriate
officers in the executive branch in entering any
agreement described in paragraph (2).
(2) Information sharing agreements.--
(A) In general.--Not later than 90 days after the
date of enactment of this Act, the individuals
designated by the President under paragraph (1)(A)
shall enter into 1 or more information sharing
agreements with--
(i) the Sergeant at Arms and Doorkeeper of
the Senate with respect to cybersecurity
information sharing, subject to the approval of
congressional leadership and in consultation
with the chairman and the ranking minority
member of the Committee on Rules and
Administration of the Senate;
(ii) the Secretary of the Senate with
respect to counterintelligence information
sharing, subject to the approval of
congressional leadership and in consultation
with the chairman and ranking minority member
of the Committee on Rules and Administration of
the Senate;
(iii) the Chief Administrative Officer of
the House of Representatives with respect to
cybersecurity information sharing, subject to
the approval of the chair of the Committee on
House Administration of the House of
Representatives and in consultation with the
ranking minority member of the committee and
congressional leadership; and
(iv) the Sergeant at Arms of the House of
Representatives with respect to
counterintelligence information sharing,
subject to the approval of the chair of the
Committee on House Administration of the House
of Representatives and in consultation with the
ranking minority member of the committee and
congressional leadership.
(B) Purpose.--The agreements described in
subparagraph (A) shall establish procedures for timely
sharing of tactical and operational cybersecurity
threat and security vulnerability information and
planned or ongoing counterintelligence operations or
targeted collection efforts with the legislative
branch.
(3) Implementation.--Not less frequently than semiannually
during the 3-year period beginning on the date of enactment of
this Act, the individuals designated by the President under
paragraph (1)(A) shall meet with the officers referenced in
clauses (i), (ii), (iii), and (iv) of paragraph (2)(A), the
chairman and ranking minority member of the Committee on
Homeland Security and Governmental Affairs of the Senate, with
respect to an agreement with the Sergeant at Arms and
Doorkeeper of the Senate, and the chair and ranking minority
member of the Committee on Oversight and Reform of the House of
Representatives, with respect to an agreement with the Chief
Administrative Officer of the House of Representatives or the
Sergeant at Arms of the House of Representatives, to ensure the
agreements with such officers are being implemented in a manner
consistent with applicable laws, including this Act.
(e) Elements.--
(1) In general.--The parties to an information sharing
agreement under subsection (d)(2) shall jointly develop such
elements of the agreement as the parties find appropriate,
which--
(A) with respect to an agreement covered by
subsection (d)(2)(A)(i) or (ii), shall, at a minimum,
include the applicable elements specified in paragraph
(2); and
(B) with respect to an agreement covered by
subsection (d)(2)(A)(iii) or (iv), may include the
applicable elements specified in paragraph (2).
(2) Elements specified.--The elements specified in this
paragraph are--
(A) direct and timely sharing of technical
indicators and contextual information on cyber threats
and security vulnerabilities, and the means for such
sharing;
(B) direct and timely sharing of
counterintelligence threats and vulnerabilities,
including trends of counterintelligence activity, and
the means for such sharing;
(C) identification, by position, of the officials
at the operational and tactical level responsible for
daily management of the agreement;
(D) the ability to seat cybersecurity personnel of
the Office of the Sergeant at Arms and Doorkeeper of
the Senate or the Office of the Chief Administrative
Officer of the House of Representatives at
cybersecurity operations centers within the executive
branch; and
(E) any other elements the parties find
appropriate.
Subtitle A--Improving Government for America's Taxpayers
SEC. 7211. GOVERNMENT ACCOUNTABILITY OFFICE UNIMPLEMENTED PRIORITY
RECOMMENDATIONS.
(a) In General.--The Comptroller General of the United States
shall, as part of the Comptroller General's annual reporting to
committees of Congress--
(1) consolidate Matters for Congressional Consideration
from the Government Accountability Office in one report
organized by policy topic that includes the amount of time such
Matters have been unimplemented and submit such report to
congressional leadership and the oversight committees of each
House;
(2) with respect to the annual letters sent by the
Comptroller General to individual agency heads and relevant
congressional committees on the status of unimplemented
priority recommendations, identify any additional congressional
oversight actions that can help agencies implement such
priority recommendations and address any underlying issues
relating to such implementation;
(3) make publicly available the information described in
paragraphs (1) and (2); and
(4) publish any known costs of unimplemented priority
recommendations, if applicable.
(b) Rule of Construction.--Nothing in this section shall be
construed to require reporting relating to unimplemented priority
recommendations or any other report, recommendation, information, or
item relating to any element of the intelligence community, as defined
in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
Subtitle B--Advancing American AI Act
SEC. 7221. SHORT TITLE.
This subtitle may be cited as the ``Advancing American AI Act''.
SEC. 7222. PURPOSES.
The purposes of this subtitle are to--
(1) encourage agency artificial intelligence-related
programs and initiatives that enhance the competitiveness of
the United States and foster an approach to artificial
intelligence that builds on the strengths of the United States
in innovation and entrepreneurialism;
(2) enhance the ability of the Federal Government to
translate research advances into artificial intelligence
applications to modernize systems and assist agency leaders in
fulfilling their missions;
(3) promote adoption of modernized business practices and
advanced technologies across the Federal Government that align
with the values of the United States, including the protection
of privacy, civil rights, and civil liberties; and
(4) test and harness applied artificial intelligence to
enhance mission effectiveness, agency program integrity, and
business practice efficiency.
SEC. 7223. DEFINITIONS.
In this subtitle:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 3502 of title 44, United States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Oversight and Reform of the
House of Representatives; and
(C) the Committee on Homeland Security of the House
of Representatives.
(3) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given the term in section 238(g)
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (10 U.S.C. 2358 note).
(4) Artificial intelligence system.--The term ``artificial
intelligence system''--
(A) means any data system, software, application,
tool, or utility that operates in whole or in part
using dynamic or static machine learning algorithms or
other forms of artificial intelligence, whether--
(i) the data system, software, application,
tool, or utility is established primarily for
the purpose of researching, developing, or
implementing artificial intelligence
technology; or
(ii) artificial intelligence capability is
integrated into another system or agency
business process, operational activity, or
technology system; and
(B) does not include any common commercial product
within which artificial intelligence is embedded, such
as a word processor or map navigation system.
(5) Department.--The term ``Department'' means the
Department of Homeland Security.
(6) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
SEC. 7224. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL INTELLIGENCE
IN GOVERNMENT.
(a) Guidance.--The Director shall, when developing the guidance
required under section 104(a) of the AI in Government Act of 2020
(title I of division U of Public Law 116-260), consider--
(1) the considerations and recommended practices identified
by the National Security Commission on Artificial Intelligence
in the report entitled ``Key Considerations for the Responsible
Development and Fielding of AI'', as updated in April 2021;
(2) the principles articulated in Executive Order 13960 (85
Fed. Reg. 78939; relating to promoting the use of trustworthy
artificial intelligence in Government); and
(3) the input of--
(A) the Administrator of General Services;
(B) relevant interagency councils, such as the
Federal Privacy Council, the Chief Financial Officers
Council, the Chief Information Officers Council, and
the Chief Data Officers Council;
(C) other governmental and nongovernmental privacy,
civil rights, and civil liberties experts;
(D) academia;
(E) industry technology and data science experts;
and
(F) any other individual or entity the Director
determines to be appropriate.
(b) Department Policies and Processes for Procurement and Use of
Artificial Intelligence-enabled Systems.--Not later than 180 days after
the date of enactment of this Act--
(1) the Secretary of Homeland Security, with the
participation of the Chief Procurement Officer, the Chief
Information Officer, the Chief Privacy Officer, and the Officer
for Civil Rights and Civil Liberties of the Department and any
other person determined to be relevant by the Secretary of
Homeland Security, shall issue policies and procedures for the
Department related to--
(A) the acquisition and use of artificial
intelligence; and
(B) considerations for the risks and impacts
related to artificial intelligence-enabled systems,
including associated data of machine learning systems,
to ensure that full consideration is given to--
(i) the privacy, civil rights, and civil
liberties impacts of artificial intelligence-
enabled systems; and
(ii) security against misuse, degradation,
or rending inoperable of artificial
intelligence-enabled systems; and
(2) the Chief Privacy Officer and the Officer for Civil
Rights and Civil Liberties of the Department shall report to
Congress on any additional staffing or funding resources that
may be required to carry out the requirements of this
subsection.
(c) Inspector General.--Not later than 180 days after the date of
enactment of this Act, the Inspector General of the Department shall
identify any training and investments needed to enable employees of the
Office of the Inspector General to continually advance their
understanding of--
(1) artificial intelligence systems;
(2) best practices for governance, oversight, and audits of
the use of artificial intelligence systems; and
(3) how the Office of the Inspector General is using
artificial intelligence to enhance audit and investigative
capabilities, including actions to--
(A) ensure the integrity of audit and investigative
results; and
(B) guard against bias in the selection and conduct
of audits and investigations.
(d) Artificial Intelligence Hygiene and Protection of Government
Information, Privacy, Civil Rights, and Civil Liberties.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Director, in consultation with a
working group consisting of members selected by the Director
from appropriate interagency councils, shall develop an initial
means by which to--
(A) ensure that contracts for the acquisition of an
artificial intelligence system or service--
(i) align with the guidance issued to the
head of each agency under section 104(a) of the
AI in Government Act of 2020 (title I of
division U of Public Law 116-260);
(ii) address protection of privacy, civil
rights, and civil liberties;
(iii) address the ownership and security of
data and other information created, used,
processed, stored, maintained, disseminated,
disclosed, or disposed of by a contractor or
subcontractor on behalf of the Federal
Government; and
(iv) include considerations for securing
the training data, algorithms, and other
components of any artificial intelligence
system against misuse, unauthorized alteration,
degradation, or rendering inoperable; and
(B) address any other issue or concern determined
to be relevant by the Director to ensure appropriate
use and protection of privacy and Government data and
other information.
(2) Consultation.--In developing the considerations under
paragraph (1)(A)(iv), the Director shall consult with the
Secretary of Homeland Security, the Secretary of Energy, the
Director of the National Institute of Standards and Technology,
and the Director of National Intelligence.
(3) Review.--The Director--
(A) should continuously update the means developed
under paragraph (1); and
(B) not later than 2 years after the date of
enactment of this Act and not less frequently than
every 2 years thereafter, shall update the means
developed under paragraph (1).
(4) Briefing.--The Director shall brief the appropriate
congressional committees--
(A) not later than 90 days after the date of
enactment of this Act and thereafter on a quarterly
basis until the Director first implements the means
developed under paragraph (1); and
(B) annually thereafter on the implementation of
this subsection.
(5) Sunset.--This subsection shall cease to be effective on
the date that is 5 years after the date of enactment of this
Act.
SEC. 7225. AGENCY INVENTORIES AND ARTIFICIAL INTELLIGENCE USE CASES.
(a) Inventory.--Not later than 60 days after the date of enactment
of this Act, and continuously thereafter for a period of 5 years, the
Director, in consultation with the Chief Information Officers Council,
the Chief Data Officers Council, and other interagency bodies as
determined to be appropriate by the Director, shall require the head of
each agency to--
(1) prepare and maintain an inventory of the artificial
intelligence use cases of the agency, including current and
planned uses;
(2) share agency inventories with other agencies, to the
extent practicable and consistent with applicable law and
policy, including those concerning protection of privacy and of
sensitive law enforcement, national security, and other
protected information; and
(3) make agency inventories available to the public, in a
manner determined by the Director, and to the extent
practicable and in accordance with applicable law and policy,
including those concerning the protection of privacy and of
sensitive law enforcement, national security, and other
protected information.
(b) Central Inventory.--The Director is encouraged to designate a
host entity and ensure the creation and maintenance of an online public
directory to--
(1) make agency artificial intelligence use case
information available to the public and those wishing to do
business with the Federal Government; and
(2) identify common use cases across agencies.
(c) Sharing.--The sharing of agency inventories described in
subsection (a)(2) may be coordinated through the Chief Information
Officers Council, the Chief Data Officers Council, the Chief Financial
Officers Council, the Chief Acquisition Officers Council, or other
interagency bodies to improve interagency coordination and information
sharing for common use cases.
(d) Department of Defense.--Nothing in this section shall apply to
the Department of Defense.
SEC. 7226. RAPID PILOT, DEPLOYMENT AND SCALE OF APPLIED ARTIFICIAL
INTELLIGENCE CAPABILITIES TO DEMONSTRATE MODERNIZATION
ACTIVITIES RELATED TO USE CASES.
(a) Identification of Use Cases.--Not later than 270 days after the
date of enactment of this Act, the Director, in consultation with the
Chief Information Officers Council, the Chief Data Officers Council,
the Chief Financial Officers Council, and other interagency bodies as
determined to be appropriate by the Director, shall identify 4 new use
cases for the application of artificial intelligence-enabled systems to
support interagency or intra-agency modernization initiatives that
require linking multiple siloed internal and external data sources,
consistent with applicable laws and policies, including those relating
to the protection of privacy and of sensitive law enforcement, national
security, and other protected information.
(b) Pilot Program.--
(1) Purposes.--The purposes of the pilot program under this
subsection include--
(A) to enable agencies to operate across
organizational boundaries, coordinating between
existing established programs and silos to improve
delivery of the agency mission;
(B) to demonstrate the circumstances under which
artificial intelligence can be used to modernize or
assist in modernizing legacy agency systems; and
(C) to leverage commercially available artificial
intelligence technologies that--
(i) operate in secure cloud environments
that can deploy rapidly without the need to
replace existing systems; and
(ii) do not require extensive staff or
training to build.
(2) Deployment and pilot.--Not later than 1 year after the
date of enactment of this Act, the Director, in coordination
with the heads of relevant agencies and Federal entities,
including the Administrator of General Services, the Bureau of
Fiscal Service of the Department of the Treasury, the Council
of the Inspectors General on Integrity and Efficiency, and the
Pandemic Response Accountability Committee, and other officials
as the Director determines to be appropriate, shall ensure the
initiation of the piloting of the 4 new artificial intelligence
use case applications identified under subsection (a),
leveraging commercially available technologies and systems to
demonstrate scalable artificial intelligence-enabled
capabilities to support the use cases identified under
subsection (a).
(3) Risk evaluation and mitigation plan.--In carrying out
paragraph (2), the Director shall require the heads of agencies
to--
(A) evaluate risks in utilizing artificial
intelligence systems; and
(B) develop a risk mitigation plan to address those
risks, including consideration of--
(i) the artificial intelligence system not
performing as expected or as designed;
(ii) the quality and relevancy of the data
resources used in the training of the
algorithms used in an artificial intelligence
system;
(iii) the processes for training and
testing, evaluating, validating, and modifying
an artificial intelligence system; and
(iv) the vulnerability of a utilized
artificial intelligence system to unauthorized
manipulation or misuse, including the use of
data resources that substantially differ from
the training data.
(4) Prioritization.--In carrying out paragraph (2), the
Director shall prioritize modernization projects that--
(A) would benefit from commercially available
privacy-preserving techniques, such as use of
differential privacy, federated learning, and secure
multiparty computing; and
(B) otherwise take into account considerations of
civil rights and civil liberties.
(5) Privacy protections.--In carrying out paragraph (2),
the Director shall require the heads of agencies to use
privacy-preserving techniques when feasible, such as
differential privacy, federated learning, and secure multiparty
computing, to mitigate any risks to individual privacy or
national security created by a project or data linkage.
(6) Use case modernization application areas.--Use case
modernization application areas described in paragraph (2)
shall include not less than 1 from each of the following
categories:
(A) Applied artificial intelligence to drive agency
productivity efficiencies in predictive supply chain
and logistics, such as--
(i) predictive food demand and optimized
supply;
(ii) predictive medical supplies and
equipment demand and optimized supply; or
(iii) predictive logistics to accelerate
disaster preparedness, response, and recovery.
(B) Applied artificial intelligence to accelerate
agency investment return and address mission-oriented
challenges, such as--
(i) applied artificial intelligence
portfolio management for agencies;
(ii) workforce development and upskilling;
(iii) redundant and laborious analyses;
(iv) determining compliance with Government
requirements, such as with Federal financial
management and grants management, including
implementation of chapter 64 of subtitle V of
title 31, United States Code;
(v) addressing fraud, waste, and abuse in
agency programs and mitigating improper
payments; or
(vi) outcomes measurement to measure
economic and social benefits.
(7) Requirements.--Not later than 3 years after the date of
enactment of this Act, the Director, in coordination with the
heads of relevant agencies and other officials as the Director
determines to be appropriate, shall establish an artificial
intelligence capability within each of the 4 use case pilots
under this subsection that--
(A) solves data access and usability issues with
automated technology and eliminates or minimizes the
need for manual data cleansing and harmonization
efforts;
(B) continuously and automatically ingests data and
updates domain models in near real-time to help
identify new patterns and predict trends, to the extent
possible, to help agency personnel to make better
decisions and take faster actions;
(C) organizes data for meaningful data
visualization and analysis so the Government has
predictive transparency for situational awareness to
improve use case outcomes;
(D) is rapidly configurable to support multiple
applications and automatically adapts to dynamic
conditions and evolving use case requirements, to the
extent possible;
(E) enables knowledge transfer and collaboration
across agencies; and
(F) preserves intellectual property rights to the
data and output for benefit of the Federal Government
and agencies and protects sensitive personally
identifiable information.
(c) Briefing.--Not earlier than 270 days but not later than 1 year
after the date of enactment of this Act, and annually thereafter for 4
years, the Director shall brief the appropriate congressional
committees on the activities carried out under this section and results
of those activities.
(d) Sunset.--The section shall cease to be effective on the date
that is 5 years after the date of enactment of this Act.
SEC. 7227. ENABLING ENTREPRENEURS AND AGENCY MISSIONS.
(a) Innovative Commercial Items.--Section 880 of the National
Defense Authorization Act for Fiscal Year 2017 (41 U.S.C. 3301 note) is
amended--
(1) in subsection (c), by striking $10,000,000'' and
inserting ``$25,000,000'';
(2) by amending subsection (f) to read as follows:
``(f) Definitions.--In this section--
``(1) the term `commercial product'--
``(A) has the meaning given the term `commercial
item' in section 2.101 of the Federal Acquisition
Regulation; and
``(B) includes a commercial product or a commercial
service, as defined in sections 103 and 103a,
respectively, of title 41, United States Code; and
``(2) the term `innovative' means--
``(A) any new technology, process, or method,
including research and development; or
``(B) any new application of an existing
technology, process, or method.''; and
(3) in subsection (g), by striking ``2022'' and insert
``2027''.
(b) DHS Other Transaction Authority.--Section 831 of the Homeland
Security Act of 2002 (6 U.S.C. 391) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``September 30, 2017'' and inserting
``September 30, 2024''; and
(B) by amending paragraph (2) to read as follows:
``(2) Prototype projects.--The Secretary--
``(A) may, under the authority of paragraph (1),
carry out prototype projects under section 4022 of
title 10, United States Code; and
``(B) in applying the authorities of such section
4022, the Secretary shall perform the functions of the
Secretary of Defense as prescribed in such section.'';
(2) in subsection (c)(1), by striking ``September 30,
2017'' and inserting ``September 30, 2024''; and
(3) in subsection (d), by striking ``section 845(e)'' and
all that follows and inserting ``section 4022(e) of title 10,
United States Code.''.
(c) Commercial Off the Shelf Supply Chain Risk Management Tools.--
(1) In general.--The General Services Administration is
encouraged to pilot commercial off the shelf supply chain risk
management tools to improve the ability of the Federal
Government to characterize, monitor, predict, and respond to
specific supply chain threats and vulnerabilities that could
inhibit future Federal acquisition operations.
(2) Consultation.--In carrying out this subsection, the
General Services Administration shall consult with the Federal
Acquisition Security Council established under section 1322 of
title 41, United States Code.
SEC. 7228. INTELLIGENCE COMMUNITY EXCEPTION.
Nothing in this subtitle shall apply to any element of the
intelligence community, as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
Subtitle C--Strategic EV Management
SEC. 7231. SHORT TITLE.
This subtitle may be cited as the ``Strategic EV Management Act of
2022''.
SEC. 7232. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Agency.--The term ``agency'' has the meaning given the
term in section 551 of title 5, United States Code.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Oversight and Reform of the
House of Representatives;
(C) the Committee on Environment and Public Works
of the Senate;
(D) the Committee on Energy and Natural Resources
of the Senate;
(E) the Committee on Energy and Commerce of the
House of Representatives;
(F) the Committee on Appropriations of the Senate;
and
(G) the Committee on Appropriations of the House of
Representatives.
(4) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
SEC. 7233. STRATEGIC GUIDANCE.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Administrator, in consultation with the Director,
shall coordinate with the heads of agencies to develop a comprehensive,
strategic plan for Federal electric vehicle fleet battery management.
(b) Contents.--The strategic plan required under subsection (a)
shall--
(1) maximize both cost and environmental efficiencies; and
(2) incorporate--
(A) guidelines for optimal charging practices that
will maximize battery longevity and prevent premature
degradation;
(B) guidelines for reusing and recycling the
batteries of retired vehicles;
(C) guidelines for disposing electric vehicle
batteries that cannot be reused or recycled; and
(D) any other considerations determined appropriate
by the Administrator and Director.
(c) Modification.--The Administrator, in consultation with the
Director, may periodically update the strategic plan required under
subsection (a) as the Administrator and Director may determine
necessary based on new information relating to electric vehicle
batteries that becomes available.
(d) Consultation.--In developing the strategic plan required under
subsection (a) the Administrator, in consultation with the Director,
may consult with appropriate entities, including--
(1) the Secretary of Energy;
(2) the Administrator of the Environmental Protection
Agency;
(3) the Chair of the Council on Environmental Quality;
(4) scientists who are studying electric vehicle batteries
and reuse and recycling solutions;
(5) laboratories, companies, colleges, universities, or
start-ups engaged in battery use, reuse, and recycling
research;
(6) industries interested in electric vehicle battery reuse
and recycling;
(7) electric vehicle equipment manufacturers and recyclers;
and
(8) any other relevant entities, as determined by the
Administrator and Director.
(e) Report.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Administrator and the Director shall
submit to the appropriate congressional committees a report
that describes the strategic plan required under subsection
(a).
(2) Briefing.--Not later than 4 years after the date of
enactment of this Act, the Administrator and the Director shall
brief the appropriate congressional committees on the
implementation of the strategic plan required under subsection
(a) across agencies.
SEC. 7234. STUDY OF FEDERAL FLEET VEHICLES.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report on how the costs and benefits of operating and maintaining
electric vehicles in the Federal fleet compare to the costs and
benefits of operating and maintaining internal combustion engine
vehicles.
Subtitle D--Congressionally Mandated Reports
SEC. 7241. SHORT TITLE.
This subtitle may be cited as the ``Access to Congressionally
Mandated Reports Act''.
SEC. 7242. DEFINITIONS.
In this subtitle:
(1) Congressional leadership.--The term ``congressional
leadership'' means the Speaker, majority leader, and minority
leader of the House of Representatives and the majority leader
and minority leader of the Senate.
(2) Congressionally mandated report.--
(A) In general.--The term ``congressionally
mandated report'' means a report of a Federal agency
that is required by statute to be submitted to either
House of Congress or any committee of Congress or
subcommittee thereof.
(B) Exclusions.--
(i) Patriotic and national organizations.--
The term ``congressionally mandated report''
does not include a report required under part B
of subtitle II of title 36, United States Code.
(ii) Inspectors general.--The term
``congressionally mandated report'' does not
include a report by an office of an inspector
general.
(iii) National security exception.--The
term ``congressionally mandated report'' does
not include a report that is required to be
submitted to one or more of the following
committees:
(I) The Select Committee on
Intelligence, the Committee on Armed
Services, the Committee on
Appropriations, or the Committee on
Foreign Relations of the Senate.
(II) The Permanent Select Committee
on Intelligence, the Committee on Armed
Services, the Committee on
Appropriations, or the Committee on
Foreign Affairs of the House of
Representatives.
(3) Director.--The term ``Director'' means the Director of
the Government Publishing Office.
(4) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``federal agency'' under section 102 of
title 40, United States Code, but does not include the
Government Accountability Office or an element of the
intelligence community.
(5) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
(6) Reports online portal.--The term ``reports online
portal'' means the online portal established under section
5243(a).
SEC. 7243. ESTABLISHMENT OF ONLINE PORTAL FOR CONGRESSIONALLY MANDATED
REPORTS.
(a) Requirement To Establish Online Portal.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director shall establish and
maintain an online portal accessible by the public that allows
the public to obtain electronic copies of congressionally
mandated reports in one place.
(2) Existing functionality.--To the extent possible, the
Director shall meet the requirements under paragraph (1) by
using existing online portals and functionality under the
authority of the Director in consultation with the Director of
National Intelligence.
(3) Consultation.--In carrying out this subtitle, the
Director shall consult with congressional leadership, the Clerk
of the House of Representatives, the Secretary of the Senate,
and the Librarian of Congress regarding the requirements for
and maintenance of congressionally mandated reports on the
reports online portal.
(b) Content and Function.--The Director shall ensure that the
reports online portal includes the following:
(1) Subject to subsection (c), with respect to each
congressionally mandated report, each of the following:
(A) A citation to the statute requiring the report.
(B) An electronic copy of the report, including any
transmittal letter associated with the report, that--
(i) is based on an underlying open data
standard that is maintained by a standards
organization;
(ii) allows the full text of the report to
be searchable; and
(iii) is not encumbered by any restrictions
that would impede the reuse or searchability of
the report.
(C) The ability to retrieve a report, to the extent
practicable, through searches based on each, and any
combination, of the following:
(i) The title of the report.
(ii) The reporting Federal agency.
(iii) The date of publication.
(iv) Each congressional committee or
subcommittee receiving the report, if
applicable.
(v) The statute requiring the report.
(vi) Subject tags.
(vii) A unique alphanumeric identifier for
the report that is consistent across report
editions.
(viii) The serial number, Superintendent of
Documents number, or other identification
number for the report, if applicable.
(ix) Key words.
(x) Full text search.
(xi) Any other relevant information
specified by the Director.
(D) The date on which the report was required to be
submitted, and on which the report was submitted, to
the reports online portal.
(E) To the extent practicable, a permanent means of
accessing the report electronically.
(2) A means for bulk download of all congressionally
mandated reports.
(3) A means for downloading individual reports as the
result of a search.
(4) An electronic means for the head of each Federal agency
to submit to the reports online portal each congressionally
mandated report of the agency, as required by sections 5244 and
5246.
(5) In tabular form, a list of all congressionally mandated
reports that can be searched, sorted, and downloaded by--
(A) reports submitted within the required time;
(B) reports submitted after the date on which such
reports were required to be submitted; and
(C) to the extent practicable, reports not
submitted.
(c) Noncompliance by Federal Agencies.--
(1) Reports not submitted.--If a Federal agency does not
submit a congressionally mandated report to the Director, the
Director shall to the extent practicable--
(A) include on the reports online portal--
(i) the information required under clauses
(i), (ii), (iv), and (v) of subsection
(b)(1)(C); and
(ii) the date on which the report was
required to be submitted; and
(B) include the congressionally mandated report on
the list described in subsection (b)(5)(C).
(2) Reports not in open format.--If a Federal agency
submits a congressionally mandated report that does not meet
the criteria described in subsection (b)(1)(B), the Director
shall still include the congressionally mandated report on the
reports online portal.
(d) Deadline.--The Director shall ensure that information required
to be published on the reports online portal under this subtitle with
respect to a congressionally mandated report or information required
under subsection (c) of this section is published--
(1) not later than 30 days after the information is
received from the Federal agency involved; or
(2) in the case of information required under subsection
(c), not later than 30 days after the deadline under this
subtitle for the Federal agency involved to submit information
with respect to the congressionally mandated report involved.
(e) Exception for Certain Reports.--
(1) Exception described.--A congressionally mandated report
which is required by statute to be submitted to a committee of
Congress or a subcommittee thereof, including any transmittal
letter associated with the report, shall not be submitted to or
published on the reports online portal if the chair of a
committee or subcommittee to which the report is submitted
notifies the Director in writing that the report is to be
withheld from submission and publication under this subtitle.
(2) Notice on portal.--If a report is withheld from
submission to or publication on the reports online portal under
paragraph (1), the Director shall post on the portal--
(A) a statement that the report is withheld at the
request of a committee or subcommittee involved; and
(B) the written notification provided by the chair
of the committee or subcommittee specified in paragraph
(1).
(f) Free Access.--The Director may not charge a fee, require
registration, or impose any other limitation in exchange for access to
the reports online portal.
(g) Upgrade Capability.--The reports online portal shall be
enhanced and updated as necessary to carry out the purposes of this
subtitle.
(h) Submission to Congress.--The submission of a congressionally
mandated report to the reports online portal pursuant to this subtitle
shall not be construed to satisfy any requirement to submit the
congressionally mandated report to Congress, or a committee or
subcommittee thereof.
SEC. 7244. FEDERAL AGENCY RESPONSIBILITIES.
(a) Submission of Electronic Copies of Reports.--Not earlier than
30 days or later than 60 days after the date on which a congressionally
mandated report is submitted to either House of Congress or to any
committee of Congress or subcommittee thereof, the head of the Federal
agency submitting the congressionally mandated report shall submit to
the Director the information required under subparagraphs (A) through
(D) of section 5243(b)(1) with respect to the congressionally mandated
report. Notwithstanding section 5246, nothing in this subtitle shall
relieve a Federal agency of any other requirement to publish the
congressionally mandated report on the online portal of the Federal
agency or otherwise submit the congressionally mandated report to
Congress or specific committees of Congress, or subcommittees thereof.
(b) Guidance.--Not later than 180 days after the date of enactment
of this Act, the Director of the Office of Management and Budget, in
consultation with the Director, shall issue guidance to agencies on the
implementation of this subtitle.
(c) Structure of Submitted Report Data.--The head of each Federal
agency shall ensure that each congressionally mandated report submitted
to the Director complies with the guidance on the implementation of
this subtitle issued by the Director of the Office of Management and
Budget under subsection (b).
(d) Point of Contact.--The head of each Federal agency shall
designate a point of contact for congressionally mandated reports.
(e) Requirement for Submission.--The Director shall not publish any
report through the reports online portal that is received from anyone
other than the head of the applicable Federal agency, or an officer or
employee of the Federal agency specifically designated by the head of
the Federal agency.
SEC. 7245. CHANGING OR REMOVING REPORTS.
(a) Limitation on Authority To Change or Remove Reports.--Except as
provided in subsection (b), the head of the Federal agency concerned
may change or remove a congressionally mandated report submitted to be
published on the reports online portal only if--
(1) the head of the Federal agency consults with each
committee of Congress or subcommittee thereof to which the
report is required to be submitted (or, in the case of a report
which is not required to be submitted to a particular committee
of Congress or subcommittee thereof, to each committee with
jurisdiction over the agency, as determined by the head of the
agency in consultation with the Speaker of the House of
Representatives and the President pro tempore of the Senate)
prior to changing or removing the report; and
(2) a joint resolution is enacted to authorize the change
in or removal of the report.
(b) Exceptions.--Notwithstanding subsection (a), the head of the
Federal agency concerned--
(1) may make technical changes to a report submitted to or
published on the reports online portal;
(2) may remove a report from the reports online portal if
the report was submitted to or published on the reports online
portal in error; and
(3) may withhold information, records, or reports from
publication on the reports online portal in accordance with
section 5246.
SEC. 7246. WITHHOLDING OF INFORMATION.
(a) In General.--Nothing in this subtitle shall be construed to--
(1) require the disclosure of information, records, or
reports that are exempt from public disclosure under section
552 of title 5, United States Code, or that are required to be
withheld under section 552a of title 5, United States Code; or
(2) impose any affirmative duty on the Director to review
congressionally mandated reports submitted for publication to
the reports online portal for the purpose of identifying and
redacting such information or records.
(b) Withholding of Information.--
(1) In general.--Consistent with subsection (a)(1), the
head of a Federal agency may withhold from the Director, and
from publication on the reports online portal, any information,
records, or reports that are exempt from public disclosure
under section 552 of title 5, United States Code, or that are
required to be withheld under section 552a of title 5, United
States Code.
(2) National security.--Nothing in this subtitle shall be
construed to require the publication, on the reports online
portal or otherwise, of any report containing information that
is classified, the public release of which could have a harmful
effect on national security, or that is otherwise prohibited.
(3) Law enforcement sensitive.--Nothing in this subtitle
shall be construed to require the publication on the reports
online portal or otherwise of any congressionally mandated
report--
(A) containing information that is law enforcement
sensitive; or
(B) that describe information security policies,
procedures, or activities of the executive branch.
(c) Responsibility for Withholding of Information.--In publishing
congressionally mandated reports to the reports online portal in
accordance with this subtitle, the head of each Federal agency shall be
responsible for withholding information pursuant to the requirements of
this section.
SEC. 7247. IMPLEMENTATION.
(a) Reports Submitted to Congress.--
(1) In general.--This subtitle shall apply with respect to
any congressionally mandated report which--
(A) is required by statute to be submitted to the
House of Representatives, or the Speaker thereof, or
the Senate, or the President or President Pro Tempore
thereof, at any time on or after the date of the
enactment of this Act; or
(B) is included by the Clerk of the House of
Representatives or the Secretary of the Senate (as the
case may be) on the list of reports received by the
House of Representatives or the Senate (as the case may
be) at any time on or after the date of the enactment
of this Act.
(2) Transition rule for previously submitted reports.--To
the extent practicable, the Director shall ensure that any
congressionally mandated report described in paragraph (1)
which was required to be submitted to Congress by a statute
enacted before the date of the enactment of this Act is
published on the reports online portal under this subtitle.
(b) Reports Submitted to Committees.--In the case of
congressionally mandated reports which are required by statute to be
submitted to a committee of Congress or a subcommittee thereof, this
subtitle shall apply with respect to--
(1) any such report which is first required to be submitted
by a statute which is enacted on or after the date of the
enactment of this Act; and
(2) to the maximum extent practical, any congressionally
mandated report which was required to be submitted by a statute
enacted before the date of enactment of this Act unless--
(A) the chair of the committee, or subcommittee
thereof, to which the report was required to be
submitted notifies the Director in writing that the
report is to be withheld from publication; and
(B) the Director publishes the notification on the
reports online portal.
(c) Access for Congressional Leadership.--Notwithstanding any
provision of this subtitle or any other provision of law, congressional
leadership shall have access to any congressionally mandated report.
SEC. 7248. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this subtitle, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall be
determined by reference to the latest statement titled ``Budgetary
Effects of PAYGO Legislation'' for this subtitle, submitted for
printing in the Congressional Record by the Chairman of the Senate
Budget Committee, provided that such statement has been submitted prior
to the vote on passage.
TITLE LXXIII--TRANSPORTATION AND INFRASTRUCTURE MATTERS
Subtitle A--Global Catastrophic Risk Management Act of 2022
Sec. 7301. Short title.
Sec. 7302. Definitions.
Sec. 7303. Assessment of global catastrophic risk.
Sec. 7304. Report required.
Sec. 7305. Enhanced catastrophic incident annex.
Sec. 7306. Validation of the strategy through an exercise.
Sec. 7307. Recommendations.
Sec. 7308. Reporting requirements.
Sec. 7309. Rules of construction.
Subtitle B--Technological Hazards Preparedness and Training
Sec. 7311. Short title.
Sec. 7312. Definitions.
Sec. 7313. Assistance and training for communities with technological
hazards and related emerging threats.
Sec. 7314. Authorization of appropriations.
Sec. 7315. Savings provision.
Subtitle C--Other Matters
Sec. 7321. Crisis counseling assistance and training.
Subtitle A--Global Catastrophic Risk Management Act of 2022
SEC. 7301. SHORT TITLE.
This subtitle may be cited as the ``Global Catastrophic Risk
Management Act of 2022''.
SEC. 7302. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Basic need.--The term ``basic need''--
(A) means any good, service, or activity necessary
to protect the health, safety, and general welfare of
the civilian population of the United States; and
(B) includes--
(i) food;
(ii) water;
(iii) shelter;
(iv) basic communication services;
(v) basic sanitation and health services;
and
(vi) public safety.
(3) Catastrophic incident.--The term ``catastrophic
incident''--
(A) means any natural or man-made disaster that
results in extraordinary levels of casualties or
damage, mass evacuations, or disruption severely
affecting the population, infrastructure, environment,
economy, national morale, or government functions in an
area; and
(B) may include an incident--
(i) with a sustained national impact over a
prolonged period of time;
(ii) that may rapidly exceed resources
available to State and local government and
private sector authorities in the impacted
area; or
(iii) that may significantly interrupt
governmental operations and emergency services
to such an extent that national security could
be threatened.
(4) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given such term in section
1016(e) of the Critical Infrastructure Protection Act of 2001
(42 U.S.C. 5195c(e)).
(5) Existential risk.--The term ``existential risk'' means
the potential for an outcome that would result in human
extinction.
(6) Global catastrophic risk.--The term ``global
catastrophic risk'' means the risk of events or incidents
consequential enough to significantly harm or set back human
civilization at the global scale.
(7) Global catastrophic and existential threats.--The term
``global catastrophic and existential threats'' means threats
that with varying likelihood may produce consequences severe
enough to result in systemic failure or destruction of critical
infrastructure or significant harm to human civilization.
Examples of global catastrophic and existential threats include
severe global pandemics, nuclear war, asteroid and comet
impacts, supervolcanoes, sudden and severe changes to the
climate, and intentional or accidental threats arising from the
use and development of emerging technologies.
(8) Indian tribal government.--The term ``Indian Tribal
government'' has the meaning given the term ``Indian tribal
government'' in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122).
(9) Local government; state.--The terms ``local
government'' and ``State'' have the meanings given such terms
in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122).
(10) National exercise program.--The term ``national
exercise program'' means activities carried out to test and
evaluate the national preparedness goal and related plans and
strategies as described in section 648(b) of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)).
(11) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 7303. ASSESSMENT OF GLOBAL CATASTROPHIC RISK.
(a) In General.--The Secretary and the Administrator shall
coordinate an assessment of global catastrophic risk.
(b) Coordination.--When coordinating the assessment under
subsection (a), the Secretary and the Administrator shall coordinate
with senior designees of--
(1) the Assistant to the President for National Security
Affairs;
(2) the Director of the Office of Science and Technology
Policy;
(3) the Secretary of State and the Under Secretary of State
for Arms Control and International Security;
(4) the Attorney General and the Director of the Federal
Bureau of Investigation;
(5) the Secretary of Energy, the Under Secretary of Energy
for Nuclear Security, and the Director of Science;
(6) the Secretary of Health and Human Services, the
Assistant Secretary for Preparedness and Response, and the
Assistant Secretary of Global Affairs;
(7) the Secretary of Commerce, the Under Secretary of
Commerce for Oceans and Atmosphere, and the Under Secretary of
Commerce for Standards and Technology;
(8) the Secretary of the Interior and the Director of the
United States Geological Survey;
(9) the Administrator of the Environmental Protection
Agency and the Assistant Administrator for Water;
(10) the Administrator of the National Aeronautics and
Space Administration;
(11) the Director of the National Science Foundation;
(12) the Secretary of the Treasury;
(13) the Secretary of Defense, the Assistant Secretary of
the Army for Civil Works, and the Chief of Engineers and
Commanding General of the Army Corps of Engineers;
(14) the Chairman of the Joint Chiefs of Staff;
(15) the Administrator of the United States Agency for
International Development;
(16) the Secretary of Transportation; and
(17) other stakeholders the Secretary and the Administrator
determine appropriate.
SEC. 7304. REPORT REQUIRED.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and every 10 years thereafter, the Secretary, in
coordination with the Administrator, shall submit to the Committee on
Homeland Security and Governmental Affairs and the Committee on Armed
Services of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Armed Services of the House of
Representatives a report containing a detailed assessment, based on the
input and coordination required under section 7303, of global
catastrophic and existential risk.
(b) Matters Covered.--Each report required under subsection (a)
shall include--
(1) expert estimates of cumulative global catastrophic and
existential risk in the next 30 years, including separate
estimates for the likelihood of occurrence and potential
consequences;
(2) expert-informed analyses of the risk of the most
concerning specific global catastrophic and existential
threats, including separate estimates, where reasonably
feasible and credible, of each threat for its likelihood of
occurrence and its potential consequences, as well as
associated uncertainties;
(3) a comprehensive list of potential catastrophic or
existential threats, including even those that may have very
low likelihood;
(4) technical assessments and lay explanations of the
analyzed global catastrophic and existential risks, including
their qualitative character and key factors affecting their
likelihood of occurrence and potential consequences;
(5) an explanation of any factors that limit the ability of
the Secretary to assess the risk both cumulatively and for
particular threats, and how those limitations may be overcome
through future research or with additional resources, programs,
or authorities;
(6) a forecast of if and why global catastrophic and
existential risk is likely to increase or decrease
significantly in the next 10 years, both qualitatively and
quantitatively, as well as a description of associated
uncertainties;
(7) proposals for how the Federal Government may more
adequately assess global catastrophic and existential risk on
an ongoing basis in future years;
(8) recommendations for legislative actions, as
appropriate, to support the evaluation and assessment of global
catastrophic and existential risk; and
(9) other matters deemed appropriate by the Secretary, in
coordination with the Administrator, and based on the input and
coordination required under section 7303.
(c) Consultation Requirement.--In producing the report required
under subsection (a), the Secretary shall--
(1) regularly consult with experts on severe global
pandemics, nuclear war, asteroid and comet impacts,
supervolcanoes, sudden and severe changes to the climate, and
intentional or accidental threats arising from the use and
development of emerging technologies; and
(2) share information gained through the consultation
required under paragraph (1) with relevant Federal partners
listed in section 7303(b).
SEC. 7305. ENHANCED CATASTROPHIC INCIDENT ANNEX.
(a) In General.--The Secretary, in coordination with the
Administrator and the Federal partners listed in section 7303(b), shall
supplement each Federal Interagency Operational Plan to include an
annex containing a strategy to ensure the health, safety, and general
welfare of the civilian population affected by catastrophic incidents
by--
(1) providing for the basic needs of the civilian
population of the United States that is impacted by
catastrophic incidents in the United States;
(2) coordinating response efforts with State, local, and
Indian Tribal governments, the private sector, and nonprofit
relief organizations;
(3) promoting personal and local readiness and non-reliance
on government relief during periods of heightened tension or
after catastrophic incidents; and
(4) developing international partnerships with allied
nations for the provision of relief services and goods.
(b) Elements of the Strategy.--The strategy required under
subsection (a) shall include a description of--
(1) actions the Federal Government should take to ensure
the basic needs of the civilian population of the United States
in a catastrophic incident are met;
(2) how the Federal Government should coordinate with non-
Federal entities to multiply resources and enhance relief
capabilities, including--
(A) State and local governments;
(B) Indian Tribal governments;
(C) State disaster relief agencies;
(D) State and local disaster relief managers;
(E) State National Guards;
(F) law enforcement and first response entities;
and
(G) nonprofit relief services;
(3) actions the Federal Government should take to enhance
individual resiliency to the effects of a catastrophic
incident, which actions shall include--
(A) readiness alerts to the public during periods
of elevated threat;
(B) efforts to enhance domestic supply and
availability of critical goods and basic necessities;
and
(C) information campaigns to ensure the public is
aware of response plans and services that will be
activated when necessary;
(4) efforts the Federal Government should undertake and
agreements the Federal Government should seek with
international allies to enhance the readiness of the United
States to provide for the general welfare;
(5) how the strategy will be implemented should multiple
levels of critical infrastructure be destroyed or taken offline
entirely for an extended period of time; and
(6) the authorities the Federal Government should implicate
in responding to a catastrophic incident.
(c) Assumptions.--In designing the strategy under subsection (a),
the Secretary, in coordination with the Administrator and the Federal
partners listed in section 7303(b), shall account for certain factors
to make the strategy operationally viable, including the assumption
that--
(1) multiple levels of critical infrastructure have been
taken offline or destroyed by catastrophic incidents or the
effects of catastrophic incidents;
(2) impacted sectors may include--
(A) the transportation sector;
(B) the communication sector;
(C) the energy sector;
(D) the healthcare and public health sector; and
(E) the water and wastewater sector;
(3) State, local, Indian Tribal, and territorial
governments have been equally affected or made largely
inoperable by catastrophic incidents or the effects of
catastrophic incidents;
(4) the emergency has exceeded the response capabilities of
State, local, and Indian Tribal governments under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) and other relevant disaster response laws;
and
(5) the United States military is sufficiently engaged in
armed or cyber conflict with State or non-State adversaries, or
is otherwise unable to augment domestic response capabilities
in a significant manner due to a catastrophic incident.
SEC. 7306. VALIDATION OF THE STRATEGY THROUGH AN EXERCISE.
Not later than 1 year after the addition of the annex required
under section 7305, the Administrator shall lead an exercise as part of
the national exercise program to test and enhance the
operationalization of the strategy required under section 7305.
SEC. 7307. RECOMMENDATIONS.
(a) In General.--The Secretary, in coordination with the
Administrator and the Federal partners listed in section 7303(b) of
this title, shall provide recommendations to Congress for--
(1) actions that should be taken to prepare the United
States to implement the strategy required under section 7305,
increase readiness, and address preparedness gaps for
responding to the impacts of catastrophic incidents on citizens
of the United States; and
(2) additional authorities that should be considered for
Federal agencies to more effectively implement the strategy
required under section 7305.
(b) Inclusion in Reports.--The Secretary may include the
recommendations required under subsection (a) in a report submitted
under section 7308.
SEC. 7308. REPORTING REQUIREMENTS.
Not later than 1 year after the date on which the Administrator
leads the exercise under section 7306, the Secretary, in coordination
with the Administrator, shall submit to Congress a report that
includes--
(1) a description of the efforts of the Secretary and the
Administrator to develop and update the strategy required under
section 7305; and
(2) an after-action report following the conduct of the
exercise described in section 7306.
SEC. 7309. RULES OF CONSTRUCTION.
(a) Administrator.--Nothing in this subtitle shall be construed to
supersede the civilian emergency management authority of the
Administrator under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) or the Post Katrina
Emergency Management Reform Act (6 U.S.C. 701 et seq.).
(b) Secretary.--Nothing in this subtitle shall be construed as
providing new authority to the Secretary, except to coordinate and
facilitate the development of the assessments and reports required
pursuant to this subtitle.
Subtitle B--Technological Hazards Preparedness and Training
SEC. 7311. SHORT TITLE.
This subtitle may be cited as the ``Technological Hazards
Preparedness and Training Act of 2022''.
SEC. 7312. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Indian tribal government.--The term ``Indian Tribal
government'' has the meaning given the term ``Indian tribal
government'' in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122).
(3) Local government; state.--The terms ``local
government'' and ``State'' have the meanings given such terms
in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122).
(4) Technological hazard and related emerging threat.--The
term ``technological hazard and related emerging threat''--
(A) means a hazard that involves materials created
by humans that pose a unique hazard to the general
public and environment and which may result from--
(i) an accident;
(ii) an emergency caused by another hazard;
or
(iii) intentional use of the hazardous
materials; and
(B) includes a chemical, radiological, biological,
and nuclear hazard.
SEC. 7313. ASSISTANCE AND TRAINING FOR COMMUNITIES WITH TECHNOLOGICAL
HAZARDS AND RELATED EMERGING THREATS.
(a) In General.--The Administrator shall maintain the capacity to
provide States, local, and Indian Tribal governments with technological
hazards and related emerging threats technical assistance, training,
and other preparedness programming to build community resilience to
technological hazards and related emerging threats.
(b) Authorities.--The Administrator shall carry out subsection (a)
in accordance with--
(1) the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.);
(2) section 1236 of the Disaster Recovery Reform Act of
2018 (42 U.S.C. 5196g); and
(3) the Post-Katrina Emergency Management Reform Act of
2006 (Public Law 109-295; 120 Stat. 1394).
(c) Assessment and Notification.--In carrying out subsection (a),
the Administrator shall--
(1) use any available and appropriate multi-hazard risk
assessment and mapping tools and capabilities to identify the
communities that have the highest risk of and vulnerability to
a technological hazard in each State; and
(2) ensure each State and Indian Tribal government is aware
of--
(A) the communities identified under paragraph (1);
and
(B) the availability of programming under this
section for--
(i) technological hazards and related
emerging threats preparedness; and
(ii) building community capability.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Administrator shall submit to
the Committee on Homeland Security and Governmental Affairs of the
Senate, the Committee on Appropriations of the Senate, the Committee on
Energy and Natural Resources of the Senate, the Committee on Health,
Education, Labor, and Pensions of the Senate, the Committee on Energy
and Commerce of the House of Representatives, the Committee on Homeland
Security of the House of Representatives, the Committee on
Appropriations of the House of Representatives, and the Committee on
Transportation and Infrastructure of the House of Representatives a
report relating to--
(1) actions taken to implement this section; and
(2) technological hazards and related emerging threats
preparedness programming provided under this section during the
1-year period preceding the date of submission of the report.
(e) Consultation.--The Secretary of Homeland Security may seek
continuing input relating to technological hazards and related emerging
threats preparedness needs by consulting State, Tribal, territorial,
and local emergency services organizations and private sector
stakeholders.
(f) Coordination.--The Secretary of Homeland Security shall
coordinate with the Secretary of Energy relating to technological
hazard preparedness and training for a hazard that could result from
activities or facilities authorized or licensed by the Department of
Energy.
(g) Non-duplication of Effort.--In carrying out activities under
subsection (a), the Administrator shall ensure that such activities do
not unnecessarily duplicate efforts of other Federal departments or
agencies, including programs within the Department of Health and Human
Services.
SEC. 7314. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle
$20,000,000 for each of fiscal years 2023 through 2024.
SEC. 7315. SAVINGS PROVISION.
Nothing in this subtitle shall diminish or divert resources from--
(1) the full completion of federally-led chemical surety
material storage missions or chemical demilitarization missions
that are underway as of the date of enactment of this Act; or
(2) any transitional activities or other community
assistance incidental to the completion of the missions
described in paragraph (1).
Subtitle C--Other Matters
SEC. 7321. CRISIS COUNSELING ASSISTANCE AND TRAINING.
(a) Federal Emergency Assistance.--Section 502(a)(6) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5192(a)(6)) is amended by inserting ``and section 416'' after ``section
408''.
(b) Applicability.--The amendment made by subsection (a) shall only
apply to amounts appropriated on or after the date of enactment of this
Act.
DIVISION H--WATER RESOURCES
TITLE LXXXI--WATER RESOURCES DEVELOPMENT ACT OF 2022
SEC. 8001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Water Resources
Development Act of 2022''.
(b) Table of Contents.--The table of contents for this title is as
follows:
Sec. 8001. Short title; table of contents.
Sec. 8002. Secretary defined.
Subtitle A--General Provisions
Sec. 8101. Federal breakwaters and jetties.
Sec. 8102. Emergency response to natural disasters.
Sec. 8103. Shoreline and riverbank protection and restoration mission.
Sec. 8104. Floodplain management services.
Sec. 8105. Public recreational amenities in ecosystem restoration
projects.
Sec. 8106. Scope of feasibility studies.
Sec. 8107. Water supply conservation.
Sec. 8108. Managed aquifer recharge study and working group.
Sec. 8109. Updates to certain water control manuals.
Sec. 8110. National coastal mapping study.
Sec. 8111. Tribal partnership program.
Sec. 8112. Tribal Liaison.
Sec. 8113. Tribal assistance.
Sec. 8114. Cost sharing provisions for the territories and Indian
Tribes.
Sec. 8115. Tribal and Economically Disadvantaged Communities Advisory
Committee.
Sec. 8116. Workforce planning.
Sec. 8117. Corps of Engineers support for underserved communities;
outreach.
Sec. 8118. Pilot programs for certain communities.
Sec. 8119. Technical assistance.
Sec. 8120. Technical assistance for levee inspections.
Sec. 8121. Assessment of Corps of Engineers levees.
Sec. 8122. National low-head dam inventory.
Sec. 8123. Expediting hydropower at Corps of Engineers facilities.
Sec. 8124. Reserve component training at water resources development
projects.
Sec. 8125. Payment of pay and allowances of certain officers from
appropriation for improvements.
Sec. 8126. Maintenance dredging permits.
Sec. 8127. Environmental dredging.
Sec. 8128. Assessment of regional confined aquatic disposal facilities.
Sec. 8129. Studies for periodic nourishment.
Sec. 8130. Beneficial use of dredged material; management plans.
Sec. 8131. Criteria for funding operation and maintenance of small,
remote, and subsistence harbors.
Sec. 8132. Additional projects for underserved community harbors.
Sec. 8133. Inland waterways regional dredge pilot program.
Sec. 8134. NEPA reporting.
Sec. 8135. Funding to process permits.
Sec. 8136. Lease durations.
Sec. 8137. Reforestation.
Sec. 8138. Emergency streambank and shoreline protection.
Sec. 8139. Lease deviations.
Sec. 8140. Policy and technical standards.
Sec. 8141. Corps records relating to harmful algal blooms in Lake
Okeechobee, Florida.
Sec. 8142. Forecasting models for the Great Lakes.
Sec. 8143. Monitoring and assessment program for saline lakes in the
Great Basin.
Sec. 8144. Chattahoochee River program.
Sec. 8145. Lower Mississippi River Basin demonstration program.
Sec. 8146. Washington Aqueduct.
Sec. 8147. Water infrastructure public-private partnership pilot
program.
Sec. 8148. Advance payment in lieu of reimbursement for certain Federal
costs.
Sec. 8149. Use of other Federal funds.
Sec. 8150. Non-Federal Interest Advisory Committee.
Sec. 8151. Materials, services, and funds for repair, restoration, or
rehabilitation of certain public recreation
facilities.
Sec. 8152. Rehabilitation of pump stations.
Sec. 8153. Report to Congress on Corps of Engineers reservoirs.
Sec. 8154. Temporary relocation assistance pilot program.
Sec. 8155. Continuation of construction.
Sec. 8156. Federal interest determination.
Sec. 8157. Inland waterway projects.
Sec. 8158. Corps of Engineers Western Water Cooperative Committee.
Sec. 8159. Support of Army civil works missions.
Sec. 8160. Civil works research and development.
Sec. 8161. Sense of Congress on operations and maintenance of
recreation sites.
Sec. 8162. Sense of Congress relating to post-disaster repairs.
Subtitle B--Studies and Reports
Sec. 8201. Authorization of proposed feasibility studies.
Sec. 8202. Expedited completion.
Sec. 8203. Expedited modifications of existing feasibility studies.
Sec. 8204. Corps of Engineers reservoir sedimentation assessment.
Sec. 8205. Report and recommendations on dredge capacity.
Sec. 8206. Assessment of impacts from changing operation and
maintenance responsibilities.
Sec. 8207. Maintenance dredging data.
Sec. 8208. Western infrastructure study.
Sec. 8209. Recreation and economic development at Corps facilities in
Appalachia.
Sec. 8210. Ouachita River watershed, Arkansas and Louisiana.
Sec. 8211. Report on Santa Barbara streams, Lower Mission Creek,
California.
Sec. 8212. Disposition study on Salinas Dam and Reservoir, California.
Sec. 8213. Excess lands report for Whittier Narrows Dam, California.
Sec. 8214. Comprehensive central and southern Florida study.
Sec. 8215. Northern estuaries ecosystem restoration, Florida.
Sec. 8216. Study on shellfish habitat and seagrass, Florida Central
Gulf Coast.
Sec. 8217. Report on South Florida ecosystem restoration plan
implementation.
Sec. 8218. Great Lakes recreational boating.
Sec. 8219. Hydraulic evaluation of Upper Mississippi River and Illinois
River.
Sec. 8220. Disposition study on hydropower in the Willamette Valley,
Oregon.
Sec. 8221. Houston Ship Channel Expansion Channel Improvement Project,
Texas.
Sec. 8222. Sabine-Neches waterway navigation improvement project,
Texas.
Sec. 8223. Norfolk Harbor and Channels, Virginia.
Sec. 8224. Coastal Virginia, Virginia.
Sec. 8225. West Virginia hydropower.
Sec. 8226. Electronic preparation and submission of applications.
Sec. 8227. Investments for recreation areas.
Sec. 8228. Automated fee machines.
Sec. 8229. Review of recreational hazards.
Sec. 8230. Assessment of coastal flooding mitigation modeling and
testing capacity.
Sec. 8231. Report on socially and economically disadvantaged small
business concerns.
Sec. 8232. Report on solar energy opportunities.
Sec. 8233. Report to Congress on economic valuation of preservation of
open space, recreational areas, and habitat
associated with project lands.
Sec. 8234. Report on corrosion prevention activities.
Sec. 8235. Report to Congress on easements related to water resources
development projects.
Sec. 8236. GAO studies.
Sec. 8237. Assessment of forest, rangeland, and watershed restoration
services on lands owned by the Corps of
Engineers.
Subtitle C--Deauthorizations and Modifications
Sec. 8301. Deauthorization of inactive projects.
Sec. 8302. Watershed and river basin assessments.
Sec. 8303. Forecast-informed reservoir operations.
Sec. 8304. Lakes program.
Sec. 8305. Invasive species.
Sec. 8306. Maintenance of navigation channels.
Sec. 8307. Project reauthorizations.
Sec. 8308. Special rule for certain beach nourishment projects.
Sec. 8309. Columbia River Basin.
Sec. 8310. Evaluation of hydrologic changes in Souris River Basin.
Sec. 8311. Acequias irrigation systems.
Sec. 8312. Port of Nome, Alaska.
Sec. 8313. St. George, Alaska.
Sec. 8314. Unalaska (Dutch Harbor) Channels, Alaska.
Sec. 8315. Storm damage prevention and reduction, coastal erosion, and
ice and glacial damage, Alaska.
Sec. 8316. St. Francis Lake Control Structure.
Sec. 8317. South Platte River and Tributaries, Adams and Denver
Counties, Colorado.
Sec. 8318. Fruitvale Avenue Railroad Bridge, Alameda, California.
Sec. 8319. Los Angeles County, California.
Sec. 8320. Deauthorization of designated portions of the Los Angeles
County Drainage Area, California.
Sec. 8321. Murrieta Creek, California.
Sec. 8322. Sacramento River Basin, California.
Sec. 8323. San Diego River and Mission Bay, San Diego County,
California.
Sec. 8324. Additional assistance for Eastern Santa Clara Basin,
California.
Sec. 8325. San Francisco Bay, California.
Sec. 8326. South San Francisco Bay Shoreline, California.
Sec. 8327. Delaware shore protection and restoration.
Sec. 8328. St. Johns River Basin, Central and Southern Florida.
Sec. 8329. Little Pass, Clearwater Bay, Florida.
Sec. 8330. Comprehensive Everglades Restoration Plan, Florida.
Sec. 8331. Palm Beach Harbor, Florida.
Sec. 8332. Port Everglades, Florida.
Sec. 8333. South Florida Ecosystem Restoration Task Force.
Sec. 8334. New Savannah Bluff Lock and Dam, Georgia and South Carolina.
Sec. 8335. Little Wood River, Gooding, Idaho.
Sec. 8336. Chicago shoreline protection.
Sec. 8337. Great Lakes and Mississippi River Interbasin project,
Brandon Road, Will County, Illinois.
Sec. 8338. Southeast Des Moines, Southwest Pleasant Hill, Iowa.
Sec. 8339. City of El Dorado, Kansas.
Sec. 8340. Algiers Canal Levees, Louisiana.
Sec. 8341. Mississippi River Gulf Outlet, Louisiana.
Sec. 8342. Camp Ellis, Saco, Maine.
Sec. 8343. Lower Mississippi River comprehensive management study.
Sec. 8344. Upper Mississippi River protection.
Sec. 8345. Upper Mississippi River restoration program.
Sec. 8346. Water level management on the Upper Mississippi River and
Illinois Waterway.
Sec. 8347. Mississippi Delta Headwaters, Mississippi.
Sec. 8348. Sense of Congress relating to Okatibbee Lake, Mississippi.
Sec. 8349. Argentine, East Bottoms, Fairfax-Jersey Creek, and North
Kansas Levees units, Missouri River and
tributaries at Kansas Cities, Missouri and
Kansas.
Sec. 8350. Lower Missouri River streambank erosion control evaluation
and demonstration projects.
Sec. 8351. Missouri River interception-rearing complexes.
Sec. 8352. Missouri River mitigation project, Missouri, Kansas, Iowa,
and Nebraska.
Sec. 8353. Northern Missouri.
Sec. 8354. Israel River, Lancaster, New Hampshire.
Sec. 8355. Middle Rio Grande flood protection, Bernalillo to Belen, New
Mexico.
Sec. 8356. Ecosystem restoration, Hudson-Raritan Estuary, New York and
New Jersey.
Sec. 8357. Arkansas River corridor, Oklahoma.
Sec. 8358. Copan Lake, Oklahoma.
Sec. 8359. Southwestern Oregon.
Sec. 8360. Yaquina River, Oregon.
Sec. 8361. Lower Blackstone River, Rhode Island.
Sec. 8362. Charleston Harbor, South Carolina.
Sec. 8363. Colleton County, South Carolina.
Sec. 8364. Ensley levee, Tennessee.
Sec. 8365. Wolf River Harbor, Tennessee.
Sec. 8366. Addicks and Barker Reservoirs, Texas.
Sec. 8367. North Padre Island, Corpus Christi Bay, Texas.
Sec. 8368. Nueces County, Texas.
Sec. 8369. Lake Champlain Canal, Vermont and New York.
Sec. 8370. Rehabilitation of Corps of Engineers constructed dams.
Sec. 8371. Puget Sound nearshore ecosystem restoration, Washington.
Sec. 8372. Lower Mud River, Milton, West Virginia.
Sec. 8373. Northern West Virginia.
Sec. 8374. Southern West Virginia.
Sec. 8375. Environmental infrastructure.
Sec. 8376. Additional assistance for critical projects.
Sec. 8377. Conveyances.
Sec. 8378. Land transfer and trust land for Choctaw Nation of Oklahoma.
Sec. 8379. John P. Murtha Locks and Dam.
Sec. 8380. Treatment of certain benefits and costs.
Sec. 8381. Debris removal.
Sec. 8382. General reauthorizations.
Sec. 8383. Transfer of excess credit.
Sec. 8384. Treatment of credit between projects.
Sec. 8385. Non-Federal payment flexibility.
Sec. 8386. Coastal community flood control and other purposes.
Sec. 8387. National levee safety program.
Sec. 8388. Surplus water contracts and water storage agreements.
Sec. 8389. Water supply storage repair, rehabilitation, and replacement
costs.
Sec. 8390. Abandoned and inactive noncoal mine restoration.
Sec. 8391. Asian carp prevention and control pilot program.
Sec. 8392. Enhanced development program.
Sec. 8393. Recreational opportunities at certain projects.
Sec. 8394. Federal assistance.
Sec. 8395. Mississippi River mat sinking unit.
Sec. 8396. Sense of Congress on lease agreement.
Sec. 8397. Expedited completion of projects and studies.
Subtitle D--Water Resources Infrastructure
Sec. 8401. Project authorizations.
Sec. 8402. Special rules.
Sec. 8403. Facility investment.
SEC. 8002. SECRETARY DEFINED.
In this title, the term ``Secretary'' means the Secretary of the
Army.
Subtitle A--General Provisions
SEC. 8101. FEDERAL BREAKWATERS AND JETTIES.
(a) In General.--In carrying out repair or maintenance activity of
a Federal jetty or breakwater associated with an authorized navigation
project, the Secretary shall, notwithstanding the authorized dimensions
of the jetty or breakwater, ensure that such repair or maintenance
activity is sufficient to meet the authorized purpose of such project,
including ensuring that any harbor or inland harbor associated with the
project is protected from projected changes in wave action or height
(including changes that result from relative sea level change over the
useful life of the project).
(b) Classification of Activity.--The Secretary may not classify any
repair or maintenance activity of a Federal jetty or breakwater carried
out under subsection (a) as major rehabilitation of such jetty or
breakwater--
(1) if the Secretary determines that--
(A) projected changes in wave action or height,
including changes that result from relative sea level
change, will diminish the functionality of the jetty or
breakwater to meet the authorized purpose of the
project; and
(B) such repair or maintenance activity is
necessary to restore such functionality; or
(2) if--
(A) the Secretary has not carried out regular and
routine Federal maintenance activity at the jetty or
breakwater; and
(B) the structural integrity of the jetty or
breakwater is degraded as a result of a lack of such
regular and routine Federal maintenance activity.
SEC. 8102. EMERGENCY RESPONSE TO NATURAL DISASTERS.
(a) In General.--Section 5(a)(1) of the Act of August 18, 1941 (33
U.S.C. 701n(a)(1)) is amended by striking ``in the repair and
restoration of any federally authorized hurricane or shore protective
structure'' and all that follows through ``non-Federal sponsor.'' and
inserting ``in the repair and restoration of any federally authorized
hurricane or shore protective structure or project damaged or destroyed
by wind, wave, or water action of other than an ordinary nature to the
pre-storm level of protection, to the design level of protection, or,
notwithstanding the authorized dimensions of the structure or project,
to a level sufficient to meet the authorized purpose of such structure
or project, whichever provides greater protection, when, in the
discretion of the Chief of Engineers, such repair and restoration is
warranted for the adequate functioning of the structure or project for
hurricane or shore protection, including to ensure the structure or
project is functioning adequately to protect against projected changes
in wave action or height or storm surge (including changes that result
from relative sea level change over the useful life of the structure or
project), subject to the condition that the Chief of Engineers may, if
requested by the non-Federal sponsor, include modifications to the
structure or project (including the addition of new project features)
to address major deficiencies, increase resilience, increase benefits
from the reduction of damages from inundation, wave action, or erosion,
or implement nonstructural alternatives to the repair or restoration of
the structure.''.
(b) Great Lakes Advance Measures Assistance.--
(1) In general.--The Secretary shall not deny a request
from the Governor of a Great Lakes State to provide advance
measures assistance pursuant to section 5(a) of the Act of
August 18, 1941 (33 U.S.C. 701n(a)) to reduce the risk of
damage from rising water levels in the Great Lakes solely on
the basis that the damage is caused by erosion.
(2) Federal share.--Assistance provided by the Secretary
pursuant to a request described in paragraph (1) shall be at
Federal expense if the assistance is for the construction of
advance measures to a temporary construction standard.
(3) Great lakes state defined.--In this subsection, the
term ``Great Lakes State'' means the State of Illinois,
Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, or
Wisconsin.
SEC. 8103. SHORELINE AND RIVERBANK PROTECTION AND RESTORATION MISSION.
(a) In General.--Section 212 of the Water Resources Development Act
of 1999 (33 U.S.C. 2332) is amended--
(1) in the section heading, by striking ``flood mitigation
and riverine restoration program'' and inserting ``shoreline
and riverine protection and restoration'';
(2) by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary may carry out studies and projects
to--
``(1) reduce flood and hurricane and storm damage hazards;
or
``(2) restore the natural functions and values of rivers
and shorelines throughout the United States.'';
(3) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Authority.--
``(A) Studies.--In carrying out subsection (a), the
Secretary may carry out studies to identify appropriate
measures for--
``(i) the reduction of flood and hurricane
and storm damage hazards, including measures
for erosion mitigation and bank stabilization;
or
``(ii) the conservation and restoration of
the natural functions and values of rivers and
shorelines.
``(B) Projects.--Subject to subsection (f)(2), in
carrying out subsection (a), the Secretary may design
and implement projects described in subsection (a).'';
(B) in paragraph (3), by striking ``flood damages''
and inserting ``flood and hurricane and storm damages,
including the use of natural features or nature-based
features''; and
(C) in paragraph (4)--
(i) by inserting ``and hurricane and
storm'' after ``flood'';
(ii) by inserting ``, shoreline,'' after
``riverine''; and
(iii) by inserting ``and coastal barriers''
after ``floodplains'';
(4) in subsection (c)--
(A) in paragraph (1), by inserting ``, except that
the first $200,000 of the costs of a study conducted
under this section shall be at Federal expense'' before
the period;
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``flood control''; and
(ii) by striking subparagraph (A) and
inserting the following:
``(A) In general.--Design and construction of a
project under this section that includes a
nonstructural measure, a natural feature or nature-
based feature, or an environmental restoration measure,
shall be subject to cost sharing in accordance with
section 103 of the Water Resources Development Act of
1986 (33 U.S.C. 2213), except that the non-Federal
share of the cost to design and construct such a
project benefitting an economically disadvantaged
community (including economically disadvantaged
communities located in urban and rural areas) shall be
10 percent.''; and
(C) in paragraph (3)--
(i) in the paragraph heading, by inserting
``or hurricane and storm damage reduction''
after ``flood control'';
(ii) by inserting ``or hurricane and storm
damage reduction'' after ``flood control'' ;
and
(iii) by striking ``section 103(a) of the
Water Resources Development Act of 1986 (33
U.S.C. 2213(a))'' and inserting ``section 103
of the Water Resources Development Act of 1986
(33 U.S.C. 2213), except that the non-Federal
share of the cost to design and construct such
a project benefitting an economically
disadvantaged community (including economically
disadvantaged communities located in urban and
rural areas) shall be 10 percent'';
(5) by striking subsection (d) and inserting the following:
``(d) Project Justification.--Notwithstanding any requirement for
economic justification established under section 209 of the Flood
Control Act of 1970 (42 U.S.C. 1962-2), the Secretary may implement a
project under this section if the Secretary determines that the
project--
``(1) will significantly reduce potential flood, hurricane
and storm, or erosion damages;
``(2) will improve the quality of the environment; and
``(3) is justified considering all costs and beneficial
outputs of the project.'';
(6) in subsection (e)--
(A) in the subsection heading, by striking
``Priority Areas'' and inserting ``Areas for
Examination'';
(B) by redesignating paragraphs (1) through (33) as
subparagraphs (A) through (GG), respectively, and
adjusting the margins appropriately;
(C) by striking ``In carrying out'' and inserting
the following:
``(1) In general.--In carrying out''; and
(D) by adding at the end the following:
``(2) Priority projects.--In carrying out this section, the
Secretary shall prioritize projects for the following
locations:
``(A) Delaware beaches and watersheds, Delaware.
``(B) Louisiana Coastal Area, Louisiana.
``(C) Great Lakes Shores and Watersheds.
``(D) Oregon Coastal Area and Willamette River
basin, Oregon.
``(E) Upper Missouri River Basin.
``(F) Ohio River Tributaries and their watersheds,
West Virginia.
``(G) Chesapeake Bay watershed and Maryland
beaches, Maryland.
``(H) City of Southport, North Carolina.
``(I) Maumee River, Ohio.
``(J) Los Angeles and San Gabriel Rivers,
California.
``(K) Kentucky River and its tributaries and
watersheds.'';
(7) by striking subsections (f), (g), and (i);
(8) by redesignating subsection (h) as subsection (f);
(9) in subsection (f) (as so redesignated), by striking
paragraph (2) and inserting the following:
``(2) Projects requiring specific authorization.--If the
Federal share of the cost to design and construct a project
under this section exceeds $15,000,000, the Secretary may only
carry out the project if Congress enacts a law authorizing the
Secretary to carry out the project.''; and
(10) by adding at the end the following:
``(g) Definitions.--In this section:
``(1) Economically disadvantaged community.--The term
`economically disadvantaged community' has the meaning given
the term as defined by the Secretary under section 160 of the
Water Resources Development Act of 2020 (33 U.S.C. 2201 note).
``(2) Natural feature; nature-based feature.--The terms
`natural feature' and `nature-based feature' have the meanings
given those terms in section 1184(a) of the Water Resources
Development Act of 2016 (33 U.S.C. 2289a(a)).''.
(b) Clerical Amendment.--The table of contents contained in section
1(b) of the Water Resources Development Act of 1999 (113 Stat. 269) is
amended by striking the item relating to section 212 and inserting the
following:
``Sec. 212. Shoreline and riverine protection and restoration.''.
SEC. 8104. FLOODPLAIN MANAGEMENT SERVICES.
Section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a) is
amended--
(1) by striking ``Sec. 206. (a) In recognition'' and
inserting the following:
``SEC. 206. INFORMATION ON FLOODS AND FLOOD DAMAGE.
``(a) Compilation and Dissemination.--
``(1) In general.--In recognition'';
(2) in subsection (a)--
(A) in the second sentence, by striking ``Surveys
and guides'' and inserting the following:
``(2) Surveys and guides.--Surveys and guides'';
(B) in the first sentence, by inserting
``identification of areas subject to floods due to
accumulated snags and other debris,'' after
``inundation by floods of various magnitudes and
frequencies,''; and
(C) by adding at the end the following:
``(3) Identification of assistance.--
``(A) In general.--To the maximum extent
practicable, in providing assistance under this
subsection, the Secretary shall identify and
communicate to States and non-Federal interests
specific opportunities to partner with the Corps of
Engineers to address flood hazards.
``(B) Coordination.--The Secretary shall coordinate
activities under this paragraph with activities
described in section 22 of the Water Resources
Development Act of 1974 (42 U.S.C. 1962d-16).'';
(3) by redesignating subsection (d) as subsection (e); and
(4) by inserting after subsection (c) the following:
``(d) Institutions of Higher Education.--Notwithstanding section
4141 of title 10, United States Code, in carrying out this section, the
Secretary may work with an institution of higher education, as
determined appropriate by the Secretary.''.
SEC. 8105. PUBLIC RECREATIONAL AMENITIES IN ECOSYSTEM RESTORATION
PROJECTS.
At the request of a non-Federal interest, the Secretary is
authorized to study the incorporation of public recreational amenities,
including facilities for hiking, biking, walking, and waterborne
recreation, into a project for ecosystem restoration, including a
project carried out under section 206 of the Water Resources
Development Act of 1996 (33 U.S.C. 2330), if the incorporation of such
amenities would be consistent with the ecosystem restoration purposes
of the project.
SEC. 8106. SCOPE OF FEASIBILITY STUDIES.
(a) Flood Risk Management or Hurricane and Storm Damage Risk
Reduction.--In carrying out a feasibility study for a project for flood
risk management or hurricane and storm damage risk reduction, the
Secretary, at the request of the non-Federal interest for the study,
shall formulate alternatives to maximize the net benefits from the
reduction of the comprehensive flood risk within the geographic scope
of the study from the isolated and compound effects of--
(1) a riverine discharge of any magnitude or frequency;
(2) inundation, wave attack, and erosion coinciding with a
hurricane or coastal storm;
(3) flooding associated with tidally influenced portions of
rivers, bays, and estuaries that are hydrologically connected
to the coastal water body;
(4) a rainfall event of any magnitude or frequency;
(5) a tide of any magnitude or frequency;
(6) seasonal variation in water levels;
(7) groundwater emergence;
(8) sea level rise;
(9) subsidence; or
(10) any other driver of flood risk affecting the area
within the geographic scope of the study.
(b) Water Supply, Water Conservation, and Drought Risk Reduction.--
In carrying out a feasibility study for any purpose, the Secretary, at
the request of the non-Federal interest for the study, shall formulate
alternatives--
(1) to maximize combined net benefits for the primary
purpose of the study and for the purposes of water supply or
water conservation (including the use of water supply
conservation measures described in section 1116 of the Water
Resources Development Act of 2016 (130 Stat. 1639)); or
(2) to include 1 or more measures for the purposes of water
supply or water conservation if the Secretary determines that
such measures may reduce potential adverse impacts of extreme
weather events, including drought, on water resources within
the geographic scope of the study.
(c) Cost Sharing.--All costs to carry out a feasibility study in
accordance with this section shall be shared in accordance with the
cost share requirements otherwise applicable to the study.
SEC. 8107. WATER SUPPLY CONSERVATION.
Section 1116 of the Water Resources Development Act of 2016 (130
Stat. 1639) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``during the 1-year period ending on the date
of enactment of this Act'' and inserting ``for any portion of
any 2 consecutive or nonconsecutive years during the 10-year
period preceding a request from a non-Federal interest for
assistance under this section''; and
(2) in subsection (b)(4), by inserting ``, including
measures utilizing a natural feature or nature-based feature
(as those terms are defined in section 1184(a)) to reduce
drought risk'' after ``water supply''.
SEC. 8108. MANAGED AQUIFER RECHARGE STUDY AND WORKING GROUP.
(a) Assessment.--
(1) In general.--The Secretary shall, in consultation with
applicable non-Federal interests, conduct a national assessment
of carrying out managed aquifer recharge projects to address
drought, water resiliency, and aquifer depletion at authorized
water resources development projects.
(2) Requirements.--In carrying out paragraph (1), the
Secretary shall--
(A) assess and identify opportunities to support
non-Federal interests, including Tribal communities, in
carrying out managed aquifer recharge projects; and
(B) assess preliminarily local hydrogeologic
conditions relevant to carrying out managed aquifer
recharge projects.
(3) Coordination.--In carrying out paragraph (1), the
Secretary shall coordinate, as appropriate, with the heads of
other Federal agencies, States, regional governmental agencies,
units of local government, experts in managed aquifer recharge,
and Tribes.
(b) Feasibility Studies.--
(1) Authorization.--The Secretary is authorized to carry
out feasibility studies, at the request of a non-Federal
interest, of managed aquifer recharge projects in areas that
are experiencing, or have recently experienced, prolonged
drought conditions, aquifer depletion, or water supply
scarcity.
(2) Limitation.--The Secretary may carry out not more than
10 feasibility studies under this subsection.
(3) Use of information.--The Secretary shall, to the
maximum extent practicable, use information gathered from the
assessment conducted under subsection (a) in identifying and
selecting feasibility studies to carry out under this
subsection.
(4) Cost share.--The Federal share of the cost of a
feasibility study carried out under this subsection shall be 90
percent.
(c) Working Group.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a managed
aquifer recharge working group made up of subject matter
experts within the Corps of Engineers and relevant non-Federal
stakeholders.
(2) Composition.--In establishing the working group under
paragraph (1), the Secretary shall ensure that members of the
working group have expertise working with--
(A) projects providing water supply storage to meet
regional water supply demand, particularly in regions
experiencing drought;
(B) the protection of groundwater supply, including
promoting infiltration and increased recharge in
groundwater basins, and groundwater quality;
(C) aquifer storage, recharge, and recovery wells;
(D) dams that provide recharge enhancement
benefits;
(E) groundwater hydrology;
(F) conjunctive use water systems; and
(G) agricultural water resources, including the use
of aquifers for irrigation purposes.
(3) Duties.--The working group established under this
subsection shall--
(A) advise the Secretary regarding the development
and execution of the assessment under subsection (a)
and any feasibility studies under subsection (b);
(B) assist Corps of Engineers offices at the
headquarter, division, and district levels with raising
awareness of non-Federal interests of the potential
benefits of carrying out managed aquifer recharge
projects; and
(C) assist with the development of the report
required to be submitted under subsection (d).
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report on
managed aquifer recharge that includes--
(1) the results of the assessment conducted under
subsection (a) and any feasibility studies carried out under
subsection (b), including data collected under such assessment
and studies and any recommendations on managed aquifer recharge
opportunities for non-Federal interests, States, local
governments, and Tribes;
(2) a status update on the implementation of the
recommendations included in the report of the U.S. Army Corps
of Engineers Institute for Water Resources entitled ``Managed
Aquifer Recharge and the U.S. Army Corps of Engineers: Water
Security through Resilience'', published in April 2020 (2020-
WP-01); and
(3) an evaluation of the benefits of creating a new or
modifying an existing planning center of expertise for managed
aquifer recharge, and identify potential locations for such a
center of expertise, if feasible.
(e) Savings Provision.--Nothing in this section affects the non-
Federal share of the cost of construction of a managed aquifer recharge
project under section 103 of the Water Resources Development Act of
1986 (33 U.S.C. 2213) or any other provision of law.
(f) Definitions.--In this section:
(1) Managed aquifer recharge.--The term ``managed aquifer
recharge'' means the intentional banking and treatment of water
in aquifers for storage and future use.
(2) Managed aquifer recharge project.--The term ``managed
aquifer recharge project'' means a project to incorporate
managed aquifer recharge features into a water resources
development project.
SEC. 8109. UPDATES TO CERTAIN WATER CONTROL MANUALS.
On request of the Governor of a State for which the Governor
declared a statewide drought disaster in 2021, the Secretary is
authorized to update water control manuals for water resources
development projects under the authority of the Secretary in the State,
with priority given to those projects that include water supply or
water conservation as an authorized purpose.
SEC. 8110. NATIONAL COASTAL MAPPING STUDY.
(a) In General.--The Secretary, acting through the Director of the
Engineer Research and Development Center, is authorized to carry out a
study of coastal geographic land changes, with recurring national
coastal mapping technology, along the coastal zone of the United States
to support Corps of Engineers missions.
(b) Study.--In carrying out the study under subsection (a), the
Secretary shall identify--
(1) new or advanced geospatial information and remote
sensing tools for coastal mapping;
(2) best practices for coastal change mapping; and
(3) how to most effectively--
(A) collect and analyze such advanced geospatial
information;
(B) disseminate such geospatial information to
relevant offices of the Corps of Engineers, other
Federal agencies, States, Tribes, and local
governments; and
(C) make such geospatial information available to
other stakeholders.
(c) Demonstration Project.--
(1) Project area.--In carrying out the study under
subsection (a), the Secretary shall carry out a demonstration
project in the coastal region covering the North Carolina
coastal waters, connected bays, estuaries, rivers, streams, and
creeks, to their tidally influenced extent inland.
(2) Scope.--In carrying out the demonstration project, the
Secretary shall--
(A) identify and study potential hazards, such as
debris, sedimentation, dredging effects, and flood
areas;
(B) identify best practices described in subsection
(b)(2), including best practices relating to
geographical coverage and frequency of mapping;
(C) evaluate and demonstrate relevant mapping
technologies to identify which are the most effective
for regional mapping of the transitional areas between
the open coast and inland waters; and
(D) demonstrate remote sensing tools for coastal
mapping.
(d) Coordination.--In carrying out this section, the Secretary
shall coordinate with other Federal and State agencies that are
responsible for authoritative data and academic institutions and other
entities with relevant expertise.
(e) Panel.--
(1) Establishment.--In carrying out this section, the
Secretary shall establish a panel of senior leaders from the
Corps of Engineers and other Federal agencies that are
stakeholders in the coastal mapping program carried out through
the Engineer Research and Development Center.
(2) Duties.--The panel established under this subsection
shall--
(A) coordinate the collection of data under the
study carried out under this section;
(B) coordinate the use of geospatial information
and remote sensing tools, and the application of the
best practices identified under the study, by Federal
agencies; and
(C) identify technical topics and challenges that
require multiagency collaborative research and
development.
(f) Use of Existing Information.--In carrying out this section, the
Secretary shall consider any relevant information developed under
section 516(g) of the Water Resources Development Act of 1996 (33
U.S.C. 2326b(g)).
(g) Report.--Not later than 18 months after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
that describes--
(1) the results of the study carried out under this
section; and
(2) any geographical areas recommended for additional
study.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000, to remain available
until expended.
SEC. 8111. TRIBAL PARTNERSHIP PROGRAM.
Section 203 of the Water Resources Development Act of 2000 (33
U.S.C. 2269) is amended--
(1) in subsection (a), by striking ``(25 U.S.C. 450b)'' and
inserting ``(25 U.S.C. 5304)'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``hurricane and
storm'' after ``flood''; and
(II) by inserting ``including
erosion control,'' after
``reduction,'';
(ii) in subparagraph (B), by striking
``and'' at the end;
(iii) by redesignating subparagraph (C) as
subparagraph (D); and
(iv) by inserting after subparagraph (B)
the following:
``(C) technical assistance to an Indian tribe,
including--
``(i) assistance for planning to ameliorate
flood hazards, to avoid repetitive flood
impacts, to anticipate, prepare, and adapt to
changing hydrological and climatic conditions
and extreme weather events, and to withstand,
respond to, and recover rapidly from disruption
due to flood hazards; and
``(ii) the provision of, and integration
into planning of, hydrologic, economic, and
environmental data and analyses; and'';
(B) in paragraph (3), by adding at the end the
following:
``(C) Initial costs.--The first $200,000 of the
costs of a study under this section shall be at Federal
expense.'';
(C) in paragraph (4)--
(i) in subparagraph (A), by striking
``$18,500,000'' and inserting ``$26,000,000'';
and
(ii) in subparagraph (B), by striking
``$18,500,000'' and inserting ``$26,000,000'';
and
(D) by adding at the end the following:
``(5) Project justification.--Notwithstanding any
requirement for economic justification established under
section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962-
2), the Secretary may implement a project (other than a project
for ecosystem restoration) under this section if the Secretary
determines that the project will--
``(A) significantly reduce potential flood or
hurricane and storm damage hazards (which may be
limited to hazards that may be addressed by measures
for erosion mitigation or bank stabilization);
``(B) improve the quality of the environment;
``(C) reduce risks to life safety associated with
the hazards described in subparagraph (A); and
``(D) improve the long-term viability of the
community.'';
(3) in subsection (d)--
(A) in paragraph (5)(B)--
(i) by striking ``non-Federal'' and
inserting ``Federal''; and
(ii) by striking ``50 percent'' and
inserting ``100 percent''; and
(B) by adding at the end the following:
``(6) Technical assistance.--The Federal share of the cost
of activities described in subsection (b)(2)(C) shall be 100
percent.''; and
(4) in subsection (e), by striking ``2024'' and inserting
``2033''.
SEC. 8112. TRIBAL LIAISON.
(a) In General.--Beginning not later than 1 year after the date of
enactment of this Act, the District Commander for each Corps of
Engineers district that contains a Tribal community shall have on staff
a Tribal Liaison.
(b) Duties.--Each Tribal Liaison shall make recommendations to the
applicable District Commander regarding, and be responsible for--
(1) removing barriers to access to, and participation in,
Corps of Engineers programs for Tribal communities, including
by improving implementation of section 103(m) of the Water
Resources Development Act of 1986 (33 U.S.C. 2213(m));
(2) improving outreach to, and engagement with, Tribal
communities about relevant Corps of Engineers programs and
services;
(3) identifying and engaging with Tribal communities
suffering from water resources challenges;
(4) improving, expanding, and facilitating government-to-
government consultation between Tribal communities and the
Corps of Engineers;
(5) coordinating and implementing all relevant Tribal
consultation policies and associated guidelines, including the
requirements of section 112 of the Water Resources Development
Act of 2020 (33 U.S.C. 2356);
(6) training and tools to facilitate the ability of Corps
of Engineers staff to effectively engage with Tribal
communities in a culturally competent manner, especially in
regards to lands of ancestral, historic, or cultural
significance to a Tribal community, including burial sites; and
(7) such other issues identified by the Secretary.
(c) Uniformity.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall finalize guidelines for--
(1) a position description for Tribal Liaisons; and
(2) required qualifications for Tribal Liaisons, including
experience and expertise relating to Tribal communities and
water resource issues.
(d) Funding.--Funding for the position of Tribal Liaison shall be
allocated from the budget line item provided for the expenses necessary
for the supervision and general administration of the civil works
program, and filling the position shall not be dependent on any
increase in this budget line item.
(e) Definitions.--In this section:
(1) Tribal community.--The term ``Tribal community'' means
a community of people who are recognized and defined under
Federal law as indigenous people of the United States.
(2) Tribal liaison.--The term ``Tribal Liaison'' means a
permanent employee of a Corps of Engineers district whose
primary responsibilities are to--
(A) serve as a direct line of communication between
the District Commander and the Tribal communities
within the boundaries of the Corps of Engineers
district; and
(B) ensure consistency in government-to-government
relations.
SEC. 8113. TRIBAL ASSISTANCE.
(a) Clarification of Existing Authority.--
(1) In general.--Subject to paragraph (2), the Secretary,
in consultation with the heads of relevant Federal agencies,
the Confederated Tribes of the Warm Springs Reservation of
Oregon, the Confederated Tribes and Bands of the Yakama Nation,
the Nez Perce Tribe, and the Confederated Tribes of the
Umatilla Indian Reservation, shall revise and carry out the
village development plan for The Dalles Dam, Columbia River,
Washington and Oregon, as authorized by section 204 of the
Flood Control Act of 1950 (chapter 188, 64 Stat. 179), to
comprehensively address adverse impacts to Indian villages,
housing sites, and related structures as a result of the
construction of The Dalles Dam, Bonneville Dam, McNary Dam, and
John Day Dam, Washington and Oregon.
(2) Examination.--Before carrying out the requirements of
paragraph (1), the Secretary shall conduct an examination and
assessment of the extent to which Indian villages, housing
sites, and related structures were displaced or destroyed by
the construction of the following projects:
(A) Bonneville Dam, Columbia River, Oregon, as
authorized by the first section of the Act of August
30, 1935 (chapter 831, 49 Stat. 1038) and the first
section and section 2(a) of the Act of August 20, 1937
(16 U.S.C. 832, 832a(a)).
(B) McNary Dam, Columbia River, Washington and
Oregon, as authorized by section 2 of the Act of March
2, 1945 (chapter 19, 59 Stat. 22).
(C) John Day Dam, Columbia River, Washington and
Oregon, as authorized by section 204 of the Flood
Control Act of 1950 (chapter 188, 64 Stat. 179).
(3) Requirements.--The village development plan under
paragraph (1) shall include, at a minimum--
(A) an evaluation of sites on both sides of the
Columbia River;
(B) an assessment of suitable Federal land and land
owned by the States of Washington and Oregon; and
(C) an estimated cost and tentative schedule for
the construction of each housing development.
(4) Location of assistance.--The Secretary may provide
housing and related assistance under this subsection at 1 or
more village sites in the States of Washington and Oregon.
(b) Provision of Assistance on Federal Land.--The Secretary may
construct housing or provide related assistance on land owned by the
United States in carrying out the village development plan under
subsection (a)(1).
(c) Acquisition and Disposal of Land.--
(1) In general.--Subject to subsection (d), the Secretary
may acquire land or interests in land for the purpose of
providing housing and related assistance in carrying out the
village development plan under subsection (a)(1).
(2) Advance acquisition.--Acquisition of land or interests
in land under paragraph (1) may be carried out in advance of
completion of all required documentation and receipt of all
required clearances for the construction of housing or related
improvements on the land.
(3) Disposal of unsuitable land.--If the Secretary
determines that any land or interest in land acquired by the
Secretary under paragraph (2) is unsuitable for that housing or
for those related improvements, the Secretary may--
(A) dispose of the land or interest in land by
sale; and
(B) credit the proceeds to the appropriation, fund,
or account used to purchase the land or interest in
land.
(d) Limitation.--The Secretary shall only acquire land from willing
landowners in carrying out this section.
(e) Cooperative Agreements.--The Secretary may enter into a
cooperative agreement with a Tribe described in subsection (a)(1), or
with a Tribal organization of such a Tribe, to provide funds to the
Tribe to construct housing or provide related assistance in carrying
out the village development plan under such subsection.
(f) Conveyance Authorized.--Upon completion of construction at a
village site under this section, the Secretary may, without
consideration, convey the village site and the improvements located
thereon to a Tribe described in subsection (a)(1), or to a Tribal
organization of such a Tribe.
(g) Conforming Amendment.--Section 1178(c) of the Water Resources
Development Act of 2016 (130 Stat. 1675; 132 Stat. 3781) is repealed.
SEC. 8114. COST SHARING PROVISIONS FOR THE TERRITORIES AND INDIAN
TRIBES.
Section 1156 of the Water Resources Development Act of 1986 (33
U.S.C. 2310) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and'' ; and
(C) by adding at the end the following:
``(3) for any organization that--
``(A) is composed primarily of people who are--
``(i) recognized and defined under Federal
law as indigenous people of the United States;
and
``(ii) from a specific community; and
``(B) assists in the social, cultural, and
educational development of such people in that
community.''; and
(2) by adding at the end the following:
``(c) Inclusion.--For purposes of this section, the term `study'
includes a watershed assessment.
``(d) Application.--The Secretary shall apply the waiver amount
described in subsection (a) to reduce only the non-Federal share of
study and project costs.''.
SEC. 8115. TRIBAL AND ECONOMICALLY DISADVANTAGED COMMUNITIES ADVISORY
COMMITTEE.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish a committee, to be
known as the ``Tribal and Economically Disadvantaged Communities
Advisory Committee'', to develop and make recommendations to the
Secretary and the Chief of Engineers on activities and actions that
should be undertaken by the Corps of Engineers to ensure more effective
delivery of water resources development projects, programs, and other
assistance to Indian Tribes and economically disadvantaged communities,
including economically disadvantaged communities located in urban and
rural areas.
(b) Membership.--The Committee shall be composed of members,
appointed by the Secretary, who have the requisite experiential or
technical knowledge needed to address issues related to the water
resources needs and challenges of economically disadvantaged
communities and Indian Tribes, including--
(1) 5 individuals representing organizations with expertise
in environmental policy, rural water resources, economically
disadvantaged communities, Tribal rights, or civil rights; and
(2) 5 individuals, each representing a non-Federal interest
for a Corps of Engineers project.
(c) Duties.--
(1) Recommendations.--The Committee shall provide advice
and make recommendations to the Secretary and the Chief of
Engineers to assist the Corps of Engineers in--
(A) efficiently and effectively delivering
solutions to the needs and challenges of water
resources development projects for economically
disadvantaged communities and Indian Tribes;
(B) integrating consideration of economically
disadvantaged communities and Indian Tribes, where
applicable, in the development of water resources
development projects and programs of the Corps of
Engineers; and
(C) improving the capability and capacity of the
workforce of the Corps of Engineers to assist
economically disadvantaged communities and Indian
Tribes.
(2) Meetings.--The Committee shall meet as appropriate to
develop and make recommendations under paragraph (1).
(3) Report.--Recommendations made under paragraph (1) shall
be--
(A) included in a report submitted to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives; and
(B) made publicly available, including on a
publicly available website.
(d) Independent Judgment.--Any recommendation made by the Committee
to the Secretary and the Chief of Engineers under subsection (c)(1)
shall reflect the independent judgment of the Committee.
(e) Administration.--
(1) Compensation.--Except as provided in paragraph (3), the
members of the Committee shall serve without compensation.
(2) Travel expenses.--The members of the Committee shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(3) Treatment.--The members of the Committee shall not be
considered to be Federal employees, and the meetings and
reports of the Committee shall not be considered a major
Federal action under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(f) Definitions.--In this section:
(1) Committee.--The term ``Committee'' means the Tribal and
Economically Disadvantaged Communities Advisory Committee
established under subsection (a).
(2) Economically disadvantaged community.--The term
``economically disadvantaged community'' has the meaning given
the term as defined by the Secretary under section 160 of the
Water Resources Development Act of 2020 (33 U.S.C. 2201 note).
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
SEC. 8116. WORKFORCE PLANNING.
(a) Authorization.--The Secretary is authorized to carry out
activities, at Federal expense--
(1) to foster, enhance, and support science, technology,
engineering, and math education and awareness; and
(2) to recruit individuals for careers at the Corps of
Engineers.
(b) Partnering Entities.--In carrying out activities under this
section, the Secretary may enter into partnerships with--
(1) public elementary and secondary schools, including
charter schools;
(2) community colleges;
(3) technical schools; and
(4) colleges and universities, including historically Black
colleges and universities.
(c) Prioritization.--The Secretary shall, to the maximum extent
practicable, prioritize the recruitment of individuals under this
section that are from economically disadvantaged communities (as
defined by the Secretary under section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note)), including economically
disadvantaged communities located in urban and rural areas.
(d) Definition of Historically Black College or University.--In
this section, the term ``historically Black college or university'' has
the meaning given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2023 through 2027.
SEC. 8117. CORPS OF ENGINEERS SUPPORT FOR UNDERSERVED COMMUNITIES;
OUTREACH.
(a) In General.--It is the policy of the United States for the
Corps of Engineers to strive to understand and accommodate and, in
coordination with non-Federal interests, seek to address the water
resources development needs of all communities in the United States.
(b) Outreach and Access.--
(1) In general.--The Secretary shall, at Federal expense,
develop, support, and implement public awareness, education,
and regular outreach and engagement efforts for potential non-
Federal interests with respect to the water resources
development authorities of the Secretary, with particular
emphasis on--
(A) technical service programs, including the
authorities under--
(i) section 206 of the Flood Control Act of
1960 (33 U.S.C. 709a);
(ii) section 22 of the Water Resources
Development Act of 1974 (42 U.S.C. 1962d-16);
and
(iii) section 203 of the Water Resources
Development Act of 2000 (33 U.S.C. 2269); and
(B) continuing authority programs, as such term is
defined in section 7001(c)(1)(D) of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2282d).
(2) Implementation.--In carrying out this subsection, the
Secretary shall--
(A) develop and make publicly available (including
on a publicly available website), technical assistance
materials, guidance, and other information with respect
to the water resources development authorities of the
Secretary;
(B) establish and make publicly available
(including on a publicly available website), an
appropriate point of contact at each district and
division office of the Corps of Engineers for inquiries
from potential non-Federal interests relating to the
water resources development authorities of the
Secretary;
(C) conduct regular outreach and engagement,
including through hosting seminars and community
information sessions, with local elected officials,
community organizations, and previous and potential
non-Federal interests, on opportunities to address
local water resources challenges through the water
resources development authorities of the Secretary;
(D) issue guidance for, and provide technical
assistance through technical service programs to, non-
Federal interests to assist such interests in pursuing
technical services and developing proposals for water
resources development projects; and
(E) provide, at the request of a non-Federal
interest, assistance with researching and identifying
existing project authorizations or authorities to
address local water resources challenges.
(3) Prioritization.--In carrying out this subsection, the
Secretary shall, to the maximum extent practicable, prioritize
awareness, education, and outreach and engagement to
economically disadvantaged communities (as defined by the
Secretary under section 160 of the Water Resources Development
Act of 2020 (33 U.S.C. 2201 note)), including economically
disadvantaged communities located in urban and rural areas.
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $30,000,000 for
each fiscal year.
SEC. 8118. PILOT PROGRAMS FOR CERTAIN COMMUNITIES.
(a) Pilot Programs on the Formulation of Corps of Engineers
Projects in Rural Communities and Economically Disadvantaged
Communities.--Section 118 of the Water Resources Development Act of
2020 (33 U.S.C. 2201 note) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A), by striking ``publish''
and inserting ``annually publish''; and
(B) in subparagraph (C), by striking ``select'' and
inserting ``, subject to the availability of
appropriations, annually select''; and
(2) in subsection (c)(2), in the matter preceding
subparagraph (A), by striking ``projects'' and inserting
``projects annually''.
(b) Pilot Program for Continuing Authority Projects in Small or
Disadvantaged Communities.--Section 165(a) of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note) is amended in paragraph
(2)(B), by striking ``10'' and inserting ``20''.
SEC. 8119. TECHNICAL ASSISTANCE.
(a) Planning Assistance to States.--Section 22 of the Water
Resources Development Act of 1974 (42 U.S.C. 1962d-16) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``local government,''
after ``State or group of States,''; and
(ii) by inserting ``local government,''
after ``such State, interest,'';
(B) in paragraph (3), by striking ``section 236 of
title 10'' and inserting ``section 4141 of title 10'';
and
(C) by adding at the end the following:
``(4) Prioritization.--To the maximum extent practicable,
the Secretary shall prioritize the provision of assistance
under this subsection to address both inland and coastal life
safety risks.'';
(2) in subsection (c)(2), by striking ``$15,000,000'' and
inserting ``$30,000,000''; and
(3) in subsection (f)--
(A) by striking ``The cost-share for assistance''
and inserting the following:
``(1) Tribes and territories.--The cost-share for
assistance''; and
(B) by adding at the end the following:
``(2) Economically disadvantaged communities.--
Notwithstanding subsection (b)(1) and the limitation in section
1156 of the Water Resources Development Act of 1986, as
applicable pursuant to paragraph (1) of this subsection, the
Secretary is authorized to waive the collection of fees for any
local government to which assistance is provided under
subsection (a) that the Secretary determines is an economically
disadvantaged community, as defined by the Secretary under
section 160 of the Water Resources Development Act of 2020 (33
U.S.C. 2201 note) (including economically disadvantaged
communities located in urban and rural areas).''.
(b) Watershed Planning and Technical Assistance.--In providing
assistance under section 22 of the Water Resources Development Act of
1974 (42 U.S.C. 1962d-16) or pursuant to section 206 of the Flood
Control Act of 1960 (33 U.S.C. 709a), the Secretary shall, upon
request, provide such assistance at a watershed scale.
SEC. 8120. TECHNICAL ASSISTANCE FOR LEVEE INSPECTIONS.
In any instance where the Secretary requires, as a condition of
eligibility for Federal assistance under section 5 of the Act of August
18, 1941 (33 U.S.C. 701n), that a non-Federal sponsor of a flood
control project undertake an electronic inspection of the portion of
such project that is under normal circumstances submerged, the
Secretary shall provide to the non-Federal sponsor credit or
reimbursement for the cost of carrying out such inspection against the
non-Federal share of the cost of repair or restoration of such project
carried out under such section.
SEC. 8121. ASSESSMENT OF CORPS OF ENGINEERS LEVEES.
(a) In General.--The Secretary shall periodically conduct
assessments of federally authorized levees under the jurisdiction of
the Corps of Engineers, to evaluate the potential Federal interest in
the modification (including realignment or incorporation of natural
features and nature-based features, as such terms are defined in
section 1184(a) of the Water Resources Development Act of 2016 (33
U.S.C. 2289a(a))) of levee systems to meet one or more of the following
objectives:
(1) Increasing the flood risk reduction benefits of such
systems.
(2) Achieving greater flood resiliency.
(3) Restoring hydrological and ecological connections with
adjacent floodplains that achieve greater environmental
benefits without undermining flood risk reduction or flood
resiliency for levee-protected communities.
(b) Levees Operated by Non-Federal Interests.--The Secretary shall
carry out an assessment under subsection (a) for a federally authorized
levee system operated by a non-Federal interest only if the non-Federal
interest--
(1) requests the assessment; and
(2) agrees to provide 50 percent of the cost of the
assessment.
(c) Assessments.--
(1) Considerations.--In conducting an assessment under
subsection (a), the Secretary shall consider and identify, with
respect to each levee system--
(A) an estimate of the number of structures and
population at risk and protected by the levee system
that would be adversely impacted if the levee system
fails or water levels exceed the height of any levee
segment within the levee system (which may be the
applicable estimate included in the levee database
established under section 9004 of the Water Resources
Development Act of 2007 (33 U.S.C. 3303), if
available);
(B) the number of times the non-Federal interest
has received emergency flood-fighting or repair
assistance under section 5 of the Act of August 18,
1941 (33 U.S.C. 701n) for the levee system, and the
total expenditures on postflood repairs over the life
of the levee system;
(C) the functionality of the levee system with
regard to higher precipitation levels, including due to
changing climatic conditions and extreme weather
events;
(D) the potential costs and benefits (including
environmental benefits and implications for levee-
protected communities) from modifying the applicable
levee system to restore connections with adjacent
floodplains; and
(E) available studies, information, literature, or
data from relevant Federal, State, or local entities.
(2) Prioritization.--In conducting an assessment under
subsection (a), the Secretary shall, to the maximum extent
practicable, prioritize levee systems--
(A) associated with an area that has been subject
to flooding in two or more events in any 10-year
period; and
(B) for which the non-Federal interest has received
emergency flood-fighting or repair assistance under
section 5 of the Act of August 18, 1941 (33 U.S.C.
701n) with respect to such flood events.
(3) Scope.--The Secretary shall ensure that an assessment
under subsection (a) shall be similar in cost and scope to an
initial assessment prepared by the Secretary pursuant to
section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a).
(d) Flood Plain Management Services.--In conducting an assessment
under subsection (a), the Secretary shall consider information on
floods and flood damages compiled under section 206 of the Flood
Control Act of 1960 (33 U.S.C. 709a).
(e) Report to Congress.--
(1) In general.--Not later than 18 months after the date of
enactment of this section, and periodically thereafter, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report on the results of the assessments conducted under
subsection (a).
(2) Inclusion.--The Secretary shall include in each report
submitted under paragraph (1)--
(A) identification of any levee system for which
the Secretary has conducted an assessment under
subsection (a);
(B) a description of any opportunities identified
under such subsection for the modification of a levee
system, including the potential benefits of such
modification for the purposes identified under such
subsection;
(C) information relating to the willingness and
ability of each applicable non-Federal interest to
participate in a modification to the relevant levee
system, including by obtaining any real estate
necessary for the modification; and
(D) a summary of the information considered and
identified under subsection (c)(1).
(f) Incorporation of Information.--The Secretary shall include in
the levee database established under section 9004 of the Water
Resources Development Act of 2007 (33 U.S.C. 3303) the information
included in each report submitted under subsection (e), and make such
information publicly available (including on a publicly available
website).
(g) Levee System Defined.--In this section, the term ``levee
system'' has the meaning given that term in section 9002(9) of the
Water Resources Development Act of 2007 (33 U.S.C. 3301).
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000, to remain available
until expended.
SEC. 8122. NATIONAL LOW-HEAD DAM INVENTORY.
The National Dam Safety Program Act (33 U.S.C. 467 et seq.) is
amended by adding at the end the following:
``SEC. 15. NATIONAL LOW-HEAD DAM INVENTORY.
``(a) Definitions.--In this section:
``(1) Inventory.--The term `inventory' means the national
low-head dam inventory developed under subsection (b)(1)(A).
``(2) Low-head dam.--The term `low-head dam' means a river-
wide artificial barrier that generally spans a stream channel,
blocking the waterway and creating a backup of water behind the
barrier, with a drop off over the wall of not less than 6
inches and not more than 25 feet.
``(b) National Low-Head Dam Inventory.--
``(1) In general.--Not later than 18 months after the date
of enactment of this section, the Secretary of the Army, in
consultation with the heads of appropriate Federal and State
agencies, shall--
``(A) develop an inventory of low-head dams in the
United States that includes--
``(i) the location, ownership, description,
current use, condition, height, and length of
each low-head dam;
``(ii) any information on public safety
conditions at each low-head dam;
``(iii) public safety information on the
dangers of low-head dams;
``(iv) a directory of financial and
technical assistance resources available to
reduce safety hazards and fish passage barriers
at low-head dams; and
``(v) any other relevant information
concerning low-head dams; and
``(B) submit the inventory to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives.
``(2) Data.--In carrying out this subsection, the Secretary
shall--
``(A) coordinate with Federal and State agencies
and other relevant entities; and
``(B) use data provided to the Secretary by those
agencies and entities.
``(3) Public availability.--The Secretary shall make the
inventory publicly available, including on a publicly available
website.
``(4) Updates.--The Secretary, in consultation with the
heads of appropriate Federal and State agencies, shall maintain
and periodically publish updates to the inventory.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $30,000,000.
``(d) Clarification.--Nothing in this section provides authority to
the Secretary to carry out an activity, with respect to a low-head dam,
that is not explicitly authorized under this section.''.
SEC. 8123. EXPEDITING HYDROPOWER AT CORPS OF ENGINEERS FACILITIES.
Section 1008 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2321b) is amended--
(1) in subsection (b)(1), by inserting ``and to meet the
requirements of subsection (b)'' after ``projects'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Implementation of Policy.--The Secretary shall--
``(1) ensure that the policy described in subsection (a) is
implemented nationwide in an efficient, consistent, and
coordinated manner; and
``(2) assess opportunities--
``(A) to increase the development of hydroelectric
power at existing water resources development projects
of the Corps of Engineers with hydroelectric
facilities; and
``(B) to develop new hydroelectric power at
existing nonpowered water resources development
projects of the Corps of Engineers.''.
SEC. 8124. RESERVE COMPONENT TRAINING AT WATER RESOURCES DEVELOPMENT
PROJECTS.
(a) In General.--In carrying out military training activities or
otherwise fulfilling military training requirements, units or members
of a reserve component of the Armed Forces may perform services and
furnish supplies in support of a water resources development project or
program of the Corps of Engineers without reimbursement.
(b) Exception.--This section shall not apply to any member of a
reserve component of the Armed Forces who is employed by the Corps of
Engineers on a full-time basis.
SEC. 8125. PAYMENT OF PAY AND ALLOWANCES OF CERTAIN OFFICERS FROM
APPROPRIATION FOR IMPROVEMENTS.
Section 36 of the Act of August 10, 1956 (33 U.S.C. 583a), is
amended--
(1) by striking ``Regular officers of the Corps of
Engineers of the Army, and reserve officers of the Army who are
assigned to the Corps of Engineers,'' and inserting the
following:
``(a) In General.--The personnel described in subsection (b)''; and
(2) by adding at the end the following:
``(b) Personnel Described.--The personnel referred to in subsection
(a) are the following:
``(1) Regular officers of the Corps of Engineers of the
Army.
``(2) The following members of the Army who are assigned to
the Corps of Engineers:
``(A) Reserve component officers.
``(B) Warrant officers (whether regular or reserve
component).
``(C) Enlisted members (whether regular or reserve
component).''.
SEC. 8126. MAINTENANCE DREDGING PERMITS.
(a) In General.--The Secretary shall, to the maximum extent
practicable, prioritize the reissuance of any regional general permit
for maintenance dredging under section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344) that expired prior to May 1,
2021.
(b) Savings Provision.--Nothing in this section affects any
obligation to comply with the provisions of any Federal or State
environmental law, including--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.); and
(3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
SEC. 8127. ENVIRONMENTAL DREDGING.
(a) In General.--In carrying out the following projects, the
Secretary shall, to the maximum extent practicable, coordinate efforts
with the applicable non-Federal interest, the Administrator of the
Environmental Protection Agency, and the heads of other Federal, State,
and regional agencies responsible for the remediation of contaminated
sediments:
(1) The project for ecosystem restoration, South Fork of
the South Branch of the Chicago River, Bubbly Creek, Illinois,
authorized by section 401(5) of the Water Resources Development
Act of 2020 (134 Stat. 2740).
(2) The project for navigation, Columbia and Lower
Willamette Rivers, Oregon and Washington, authorized by section
101 of the River and Harbor Act of 1962 (76 Stat. 1177), in the
vicinity of the Albina Turning Basin, River Mile 10, and the
Post Office Bar, Portland Harbor, River Mile 2.
(3) The project for aquatic ecosystem restoration, Mahoning
River, Ohio, being carried out under section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330).
(4) The project for navigation, South Branch of the Chicago
River, Cook County, Illinois, in the vicinity of Collateral
Channel.
(5) The projects carried out under the Comprehensive
Everglades Restoration Plan, as authorized by or pursuant to
section 601 of the Water Resources Development Act of 2000 (114
Stat. 2680; 132 Stat. 3786), in the vicinity of Lake
Okeechobee.
(b) Report to Congress.--Not later than 180 days after the date of
enactment of this section, the Secretary and the Administrator of the
Environmental Protection Agency shall jointly submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate a
report on efforts to remove or remediate contaminated sediments
associated with the projects identified in subsection (a), including,
if applicable, any specific recommendations for actions or agreements
necessary to undertake such work.
(c) Limitation on Statutory Construction.--Nothing in this section
shall be construed to affect the rights and responsibilities of any
person under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
SEC. 8128. ASSESSMENT OF REGIONAL CONFINED AQUATIC DISPOSAL FACILITIES.
(a) Authority.--The Secretary is authorized to conduct assessments
of the availability of confined aquatic disposal facilities for the
disposal of contaminated dredged material.
(b) Information and Comment.--In conducting an assessment under
this section, the Secretary shall--
(1) solicit information from stakeholders on potential
projects that may require disposal of contaminated sediments in
a confined aquatic disposal facility;
(2) solicit information from the applicable division of the
Corps of Engineers on the need for confined aquatic disposal
facilities; and
(3) provide an opportunity for public comment.
(c) New England District Region Assessment.--In carrying out
subsection (a), the Secretary shall prioritize conducting an assessment
of the availability of confined aquatic disposal facilities in the New
England District region for the disposal of contaminated dredged
material in such region.
(d) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report on
the results of any assessments conducted under this section, including
any recommendations of the Secretary for the construction of new
confined aquatic disposal facilities or expanded capacity for confined
aquatic disposal facilities.
(e) Definition.--In this section, the term ``New England District
region'' means the area located within the boundaries of the New
England District in the North Atlantic Division of the Corps of
Engineers.
SEC. 8129. STUDIES FOR PERIODIC NOURISHMENT.
(a) In General.--Section 156 of the Water Resources Development Act
of 1976 (42 U.S.C. 1962d-5f) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``15'' and
inserting ``50''; and
(B) in paragraph (2), by striking ``15''; and
(2) in subsection (e)--
(A) by striking ``10-year period'' and inserting
``16-year period''; and
(B) by striking ``6 years'' and inserting ``12
years''.
(b) Indian River Inlet Sand Bypass Plant.--For purposes of the
project for hurricane-flood protection and beach erosion control at
Indian River Inlet, Delaware, commonly known as the ``Indian River
Inlet Sand Bypass Plant'', authorized by section 869 of the Water
Resources Development Act of 1986 (100 Stat. 4182), a study carried out
under section 156(b) of the Water Resources Development Act of 1976 (42
U.S.C. 1962d-5f(b)) shall consider as an alternative for periodic
nourishment continued reimbursement of the Federal share of the cost to
the non-Federal interest for the project to operate and maintain the
sand bypass plant.
SEC. 8130. BENEFICIAL USE OF DREDGED MATERIAL; MANAGEMENT PLANS.
(a) Strategic Plan on Beneficial Use of Dredged Material.--
(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a strategic plan that identifies
opportunities and challenges relating to furthering the policy
of the United States to maximize the beneficial use of suitable
dredged material obtained from the construction or operation
and maintenance of water resources development projects, as
described in section 125(a)(1) of the Water Resources
Development Act of 2020 (33 U.S.C. 2326g).
(2) Consultation.--In developing the strategic plan under
paragraph (1), the Secretary shall--
(A) consult with relevant Federal agencies involved
in the beneficial use of dredged material;
(B) solicit and consider input from State and local
governments and Indian Tribes, while seeking to ensure
a geographic diversity of input from the various Corps
of Engineers divisions; and
(C) consider input received from other stakeholders
involved in beneficial use of dredged material.
(3) Inclusion.--The Secretary shall include in the
strategic plan developed under paragraph (1)--
(A) identification of any specific barriers and
conflicts that the Secretary determines impede the
maximization of beneficial use of dredged material at
the Federal, State, and local level, and any
recommendations of the Secretary to address such
barriers and conflicts;
(B) identification of specific measures to improve
interagency and Federal, State, local, and Tribal
communications and coordination to improve
implementation of section 125(a) of the Water Resources
Development Act of 2020 (33 U.S.C. 2326g); and
(C) identification of methods to prioritize the use
of dredged material to benefit water resources
development projects in areas experiencing
vulnerabilities to coastal land loss.
(b) Dredged Material Management Plans for Harbors in the State of
Ohio.--
(1) In general.--
(A) Formulation of plan.--In developing each
dredged material management plan for a federally
authorized harbor in the State of Ohio, including any
such plan under development on the date of enactment of
this Act, each District Commander shall include, as a
constraint on the formulation of the base plan and any
alternatives, a prohibition consistent with section 105
of the Energy and Water Development and Related
Agencies Appropriations Act, 2022 (Public Law 117-103;
136 Stat. 217) on the use of funds for open-lake
disposal of dredged material.
(B) Maximization of beneficial use.--Each dredged
material management plan for a federally authorized
harbor in the State of Ohio, including any such dredged
material management plan under development on the date
of enactment of this Act, shall maximize the beneficial
use of dredged material under the base plan and under
section 204(d) of the Water Resources Development Act
of 1992 (33 U.S.C. 2326(d)).
(2) Savings provision.--Nothing in this subsection
prohibits the use of funds for open-lake disposal of dredged
material if such use is not otherwise prohibited by law.
SEC. 8131. CRITERIA FOR FUNDING OPERATION AND MAINTENANCE OF SMALL,
REMOTE, AND SUBSISTENCE HARBORS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop specific criteria
for the annual evaluation and ranking of maintenance dredging
requirements for small harbors and remote and subsistence harbors,
taking into account the following:
(1) The contribution of a harbor to the local and regional
economy.
(2) The extent to which a harbor has deteriorated since the
last cycle of maintenance dredging.
(3) Public safety concerns.
(b) Inclusion in Guidance.--The Secretary shall include the
criteria developed under subsection (a) in the annual Civil Works
Direct Program Development Policy Guidance of the Secretary.
(c) Report to Congress.--The Secretary shall include in each
biennial report submitted under section 210(e)(3) of the Water
Resources Development Act of 1986 (33 U.S.C. 2238(e)(3)) a ranking of
projects in accordance with the criteria developed under subsection (a)
of this section.
(d) Definitions.--In this section:
(1) Remote and subsistence harbor.--The term ``remote and
subsistence harbor'' means a harbor with respect to which
section 2006 of the Water Resources Development Act of 2007 (33
U.S.C. 2242) applies, as determined by the Secretary.
(2) Small harbor.--The term ``small harbor'' includes an
emerging harbor, as such term is defined in section 210 of the
Water Resources Development Act of 1986 (33 U.S.C. 2238).
SEC. 8132. ADDITIONAL PROJECTS FOR UNDERSERVED COMMUNITY HARBORS.
(a) In General.--Subject to the availability of appropriations
designated by statute as being for the purpose of carrying out this
section, the Secretary may carry out projects for underserved community
harbors for purposes of sustaining water-dependent commercial and
recreational activities at such harbors.
(b) Beneficial Use.--
(1) Justification.--The Secretary may carry out a project
under this section involving a disposal option for the
beneficial use of dredged material that is not the least cost
disposal option if the Secretary determines that the
incremental cost of the disposal option is reasonable pursuant
to the standard described in section 204(d)(1) of the Water
Resources Development Act of 1992 (33 U.S.C. 2326(d)(1)).
(2) Cost share.--The non-Federal share of the incremental
cost of a project carried out under this section involving a
disposal option for the beneficial use of dredged material that
is not the least cost disposal option shall be determined as
provided under subsections (a) through (d) of section 103 of
the Water Resources Development Act of 1986 (33 U.S.C. 2213).
(c) Prioritization.--The Secretary shall prioritize carrying out
projects using funds made available under this section based on an
assessment of--
(1) the local or regional economic benefits of the project;
(2) the environmental benefits of the project, including
the benefits to the aquatic environment to be derived from the
creation of wetland and control of shoreline erosion; and
(3) other social effects of the project, including
protection against loss of life and contributions to local or
regional cultural heritage.
(d) Clarification.--The Secretary shall not require the non-Federal
interest for a project carried out under this section to perform
additional operation and maintenance activities at the beneficial use
placement site or the disposal site for such project as a condition of
receiving assistance under this section.
(e) Federal Participation Limit.--The Federal share of the cost of
a project under this section shall not exceed $10,000,000.
(f) Statutory Construction.--Projects carried out under this
section shall be in addition to operation and maintenance activities
otherwise carried out by the Secretary for underserved community
harbors using funds appropriated pursuant to section 210 of the Water
Resources Development Act of 1986 (33 U.S.C. 2238) or section 102(a) of
the Water Resources Development Act of 2020 (33 U.S.C. 2238 note).
(g) Definitions.--In this section:
(1) Project.--The term ``project'' means a single cycle of
maintenance dredging of an underserved community harbor and any
associated placement of dredged material at a beneficial use
placement site or disposal site.
(2) Underserved community harbor.--The term ``underserved
community harbor'' means an emerging harbor (as defined in
section 210(f) of the Water Resources Development Act of 1986
(33 U.S.C. 2238(f))) for which--
(A) no Federal funds have been obligated for
maintenance dredging in the current fiscal year or in
any of the 4 preceding fiscal years; and
(B) State and local investments in infrastructure
have been made during any of the 4 preceding fiscal
years.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $50,000,000 from the General Fund of the
Treasury for each of fiscal years 2023 through 2026, to be
deposited into the ``corps of engineers--civil--operation and
maintenance'' account.
(2) Special rule.--Not less than 35 percent of the amounts
made available to carry out this section for each fiscal year
shall be used for projects involving the beneficial use of
dredged material.
SEC. 8133. INLAND WATERWAYS REGIONAL DREDGE PILOT PROGRAM.
(a) In General.--The Secretary is authorized to establish a pilot
program (referred to in this section as the ``pilot program'') to
conduct a multiyear demonstration program to award contracts with a
duration of up to 5 years for dredging projects on inland waterways of
the United States described in section 206 of the Inland Waterways
Revenue Act of 1978 (33 U.S.C. 1804).
(b) Purposes.--The purposes of the pilot program shall be to--
(1) increase the reliability, availability, and efficiency
of federally owned and federally operated inland waterways
projects;
(2) decrease operational risks across the inland waterways
system; and
(3) provide cost savings by combining work across multiple
projects across different accounts of the Corps of Engineers.
(c) Demonstration.--
(1) In general.--The Secretary shall, to the maximum extent
practicable, award contracts for projects under subsection (a)
that combine work for construction and operation and
maintenance.
(2) Projects.--In awarding contracts under paragraph (1),
the Secretary shall consider projects that--
(A) improve navigation reliability on inland
waterways that are accessible year-round;
(B) increase freight capacity on inland waterways;
and
(C) have the potential to enhance the availability
of containerized cargo on inland waterways.
(d) Savings Clause.--Nothing in this section affects the
responsibility of the Secretary with respect to the construction and
operation and maintenance of projects on the inland waterways system.
(e) Report to Congress.--Not later than 1 year after the date on
which the first contract is awarded pursuant to the pilot program, the
Secretary shall submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report that evaluates, with respect to
the pilot program and any contracts awarded under the pilot program--
(1) cost-effectiveness;
(2) reliability and performance;
(3) cost savings attributable to mobilization and
demobilization of dredge equipment; and
(4) response times to address navigational impediments.
(f) Sunset.--The authority of the Secretary to enter into contracts
pursuant to the pilot program shall expire on the date that is 10 years
after the date of enactment of this Act.
SEC. 8134. NEPA REPORTING.
(a) Definitions.--In this section:
(1) Categorical exclusion.--The term ``categorical
exclusion'' has the meaning given the term in section 1508.1 of
title 40, Code of Federal Regulations (or a successor
regulation).
(2) Environmental assessment.--The term ``environmental
assessment'' has the meaning given the term in section 1508.1
of title 40, Code of Federal Regulations (or a successor
regulation).
(3) Environmental impact statement.--The term
``environmental impact statement'' means a detailed written
statement required under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
(4) Finding of no significant impact.--The term ``finding
of no significant impact'' has the meaning given the term in
section 1508.1 of title 40, Code of Federal Regulations (or a
successor regulation).
(5) Project study.--The term ``project study'' means a
feasibility study for a project carried out pursuant to section
905 of the Water Resources Development Act of 1986 (33 U.S.C.
2282) for which a categorical exclusion may apply, or an
environmental assessment or an environmental impact statement
is required, pursuant to the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(b) Reports.--
(1) NEPA data.--
(A) In general.--The Secretary shall carry out a
process to track, and annually submit to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives, a report containing the
information described in subparagraph (B).
(B) Information described.--The information
referred to in subparagraph (A) is, with respect to the
Corps of Engineers--
(i) the number of project studies for which
a categorical exclusion was used during the
reporting period;
(ii) the number of project studies for
which the decision to use a categorical
exclusion, to prepare an environmental
assessment, or to prepare an environmental
impact statement is pending on the date on
which the report is submitted;
(iii) the number of project studies for
which an environmental assessment was issued
during the reporting period, broken down by
whether a finding of no significant impact, if
applicable, was based on mitigation;
(iv) the length of time the Corps of
Engineers took to complete each environmental
assessment described in clause (iii);
(v) the number of project studies pending
on the date on which the report is submitted
for which an environmental assessment is being
drafted;
(vi) the number of project studies for
which an environmental impact statement was
issued during the reporting period;
(vii) the length of time the Corps of
Engineers took to complete each environmental
impact statement described in clause (vi); and
(viii) the number of project studies
pending on the date on which the report is
submitted for which an environmental impact
statement is being drafted.
(2) Public access to nepa reports.--The Secretary shall
make each annual report required under paragraph (1) publicly
available (including on a publicly available website).
SEC. 8135. FUNDING TO PROCESS PERMITS.
Section 214(a)(2) of the Water Resources Development Act of 2000
(33 U.S.C. 2352(a)(2)) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary''; and
(2) by adding at the end the following:
``(B) Mitigation bank instrument processing.--An
activity carried out by the Secretary to expedite
evaluation of a permit described in subparagraph (A)
may include the evaluation of an instrument for a
mitigation bank if--
``(i) the non-Federal public entity,
public-utility company, natural gas company, or
railroad carrier applying for the permit
described in that subparagraph is the sponsor
of the mitigation bank; and
``(ii) expediting evaluation of the
instrument is necessary to expedite evaluation
of the permit described in that
subparagraph.''.
SEC. 8136. LEASE DURATIONS.
The Secretary shall issue guidance on the circumstances under which
a lease under section 2667 of title 10, United States Code, or section
4 of the Act of December 22, 1944 (16 U.S.C. 460d), with a term in
excess of 25 years is appropriate and in the public interest.
SEC. 8137. REFORESTATION.
The Secretary is encouraged to consider measures to restore swamps
and other wetland forests in carrying out studies for water resources
development projects for ecosystem restoration, flood risk management,
and hurricane and storm damage risk reduction.
SEC. 8138. EMERGENCY STREAMBANK AND SHORELINE PROTECTION.
Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is
amended--
(1) by inserting ``lighthouses (including those lighthouses
with historical value),'' after ``bridge approaches,''; and
(2) by striking ``$5,000,000'' and inserting
``$10,000,000''.
SEC. 8139. LEASE DEVIATIONS.
The Secretary shall fully implement the requirements of section 153
of the Water Resources Development Act of 2020 (134 Stat. 2658).
SEC. 8140. POLICY AND TECHNICAL STANDARDS.
Every 5 years, the Secretary shall revise, rescind, or certify as
current, as applicable, each policy and technical standards publication
for the civil works programs of the Corps of Engineers, including each
engineer regulation, engineer circular, engineer manual, engineer
pamphlet, engineer technical letter, planning guidance letter, policy
guidance letter, planning bulletin, and engineering and construction
bulletin.
SEC. 8141. CORPS RECORDS RELATING TO HARMFUL ALGAL BLOOMS IN LAKE
OKEECHOBEE, FLORIDA.
(a) Service Records.--The Secretary shall indicate in the service
record of a member or employee of the Corps of Engineers who performs
covered duty that such member or employee was exposed to microcystin in
the line of duty.
(b) Covered Duty Defined.--In this section, the term ``covered
duty'' means duty performed--
(1) during a period when the Florida Department of
Environmental Protection has determined that there is a
concentration of microcystin of greater than 8 parts per
billion in the waters of Lake Okeechobee resulting from a
harmful algal bloom in such lake; and
(2) at or near any of the following structures:
(A) S-77.
(B) S-78.
(C) S-79.
(D) S-80.
(E) S-308.
SEC. 8142. FORECASTING MODELS FOR THE GREAT LAKES.
(a) Authorization.--There is authorized to be appropriated to the
Secretary $10,000,000 to complete and maintain a model suite to
forecast water levels, account for water level variability, and account
for the impacts of extreme weather events and other natural disasters
in the Great Lakes.
(b) Savings Provision.--Nothing in this section precludes the
Secretary from using funds made available pursuant to the Great Lakes
Restoration Initiative established by section 118(c)(7) of the Federal
Water Pollution Control Act (33 U.S.C. 1268(c)(7)) for activities
described in subsection (a) for the Great Lakes, in addition to
carrying out activities under this section.
SEC. 8143. MONITORING AND ASSESSMENT PROGRAM FOR SALINE LAKES IN THE
GREAT BASIN.
(a) In General.--The Secretary is authorized to carry out a program
(referred to in this subsection as the ``program'') to monitor and
assess the hydrology of saline lake ecosystems in the Great Basin,
including the Great Salt Lake, to inform and support Federal and non-
Federal management and conservation activities to benefit those
ecosystems.
(b) Coordination.--The Secretary shall coordinate implementation of
the program with relevant--
(1) Federal and State agencies;
(2) Indian Tribes;
(3) local governments; and
(4) nonprofit organizations.
(c) Contracts and Cooperative Agreements.--The Secretary is
authorized to use contracts, cooperative agreements, or any other
authorized means to work with institutions of higher education and with
entities described in subsection (b) to implement the program.
(d) Update.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to Congress an update on the
progress of the Secretary in carrying out the program.
(e) Additional Information.--In carrying out the program, the
Secretary may use available studies, information, literature, or data
on the Great Basin region published by relevant Federal, State, Tribal,
or local governmental entities.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000.
SEC. 8144. CHATTAHOOCHEE RIVER PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a program to
provide environmental assistance to non-Federal interests in
the Chattahoochee River Basin.
(2) Form.--
(A) In general.--The assistance provided under
paragraph (1) shall be in the form of design and
construction assistance for water-related resource
protection and restoration projects affecting the
Chattahoochee River Basin, based on the comprehensive
plan developed under subsection (b).
(B) Assistance.--Projects for which assistance is
provided under subparagraph (A) may include--
(i) projects for--
(I) sediment and erosion control;
(II) protection of eroding
shorelines;
(III) ecosystem restoration,
including restoration of submerged
aquatic vegetation;
(IV) protection of essential public
works;
(V) wastewater treatment, and
related facilities; and
(VI) beneficial uses of dredged
material; and
(ii) other related projects that may
enhance the living resources of the
Chattahoochee River Basin.
(b) Comprehensive Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in cooperation with State
and local governmental officials and affected stakeholders,
shall develop a comprehensive Chattahoochee River Basin
restoration plan to guide the implementation of projects under
this section.
(2) Coordination.--The comprehensive plan developed under
paragraph (1) shall, to the maximum extent practicable,
consider and avoid duplication of any ongoing or planned
actions of other Federal, State, and local agencies and
nongovernmental organizations.
(3) Prioritization.--The comprehensive plan developed under
paragraph (1) shall give priority to projects described in
subsection (a)(2) that will improve water quality or quantity
or use a combination of structural and nonstructural measures,
including alternatives that use natural features or nature-
based features (as such terms are defined in section 1184 of
the Water Resources Development Act of 2016 (32 U.S.C. 2289a)).
(c) Agreement.--
(1) In general.--Before providing assistance for a project
under this section, the Secretary shall enter into an agreement
with a non-Federal interest for the design and construction of
the project.
(2) Requirements.--Each agreement entered into under this
subsection shall provide for--
(A) the development by the Secretary, in
consultation with appropriate Federal, State, and local
officials, of a resource protection and restoration
plan, including appropriate engineering plans and
specifications and an estimate of expected resource
benefits; and
(B) the establishment of such legal and
institutional structures as are necessary to ensure the
effective long-term operation and maintenance of the
project by the non-Federal interest.
(d) Cost Sharing.--
(1) Federal share.--The Federal share of the cost to design
and construct a project under each agreement entered into under
this section shall be 75 percent.
(2) Non-federal share.--
(A) Value of land, easements, rights-of-way, and
relocations.--In determining the non-Federal
contribution toward carrying out an agreement entered
into under this section, the Secretary shall provide
credit to a non-Federal interest for the value of land,
easements, rights-of-way, and relocations provided by
the non-Federal interest, except that the amount of
credit provided for a project under this paragraph may
not exceed 25 percent of the total project costs.
(B) Operation and maintenance costs.--The non-
Federal share of the costs of operation and maintenance
of a project carried out under an agreement under this
section shall be 100 percent.
(e) Projects on Federal Land.--
(1) In general.--Except as provided in paragraph (2), a
project carried out pursuant to the comprehensive plan
developed under subsection (b) that is located on Federal land
shall be carried out at the expense of the Federal agency that
owns the land on which the project will be carried out.
(2) Non-federal contribution.--A Federal agency carrying
out a project described in paragraph (1) may accept
contributions of funds from non-Federal interests to carry out
that project.
(f) Cooperation.--In carrying out this section, the Secretary shall
cooperate with--
(1) the heads of appropriate Federal agencies, including--
(A) the Administrator of the Environmental
Protection Agency;
(B) the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration;
(C) the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife
Service; and
(D) the heads of such other Federal agencies as the
Secretary determines to be appropriate; and
(2) agencies of any relevant State or political subdivision
of a State.
(g) Protection of Resources.--A project established under this
section shall be carried out using such measures as are necessary to
protect environmental, historic, and cultural resources.
(h) Projects Requiring Specific Authorization.--If the Federal
share of the cost to design and construct a project under this section
exceeds $15,000,000, the Secretary may only carry out the project if
Congress enacts a law authorizing the Secretary to carry out the
project.
(i) Savings Provision.--Nothing in this section--
(1) establishes any express or implied reserved water right
in the United States for any purpose;
(2) affects any water right in existence on the date of
enactment of this Act;
(3) preempts or affects any State water law or interstate
compact governing water; or
(4) affects any Federal or State law in existence on the
date of enactment of this Act regarding water quality or water
quantity.
(j) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that describes
the results of the program established under this section.
(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000.
SEC. 8145. LOWER MISSISSIPPI RIVER BASIN DEMONSTRATION PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a program to
provide environmental assistance to non-Federal interests in
the Lower Mississippi River Basin.
(2) Form.--
(A) In general.--The assistance under paragraph (1)
shall be in the form of design and construction
assistance for flood or coastal storm risk management
or aquatic ecosystem restoration projects in the Lower
Mississippi River Basin based on the comprehensive plan
developed under subsection (b).
(B) Assistance.--Projects for which assistance is
provided under subparagraph (A) may include--
(i) projects for--
(I) sediment and erosion control;
(II) protection of eroding
riverbanks and streambanks and
shorelines;
(III) ecosystem restoration;
(IV) channel modifications; and
(V) beneficial uses of dredged
material; and
(ii) other related projects that may
enhance the living resources of the Lower
Mississippi River Basin.
(b) Comprehensive Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in cooperation with State
and local governmental officials and affected stakeholders,
shall develop a comprehensive Lower Mississippi River Basin
restoration plan to guide the implementation of projects under
this section.
(2) Coordination.--The comprehensive plan developed under
paragraph (1) shall, to the maximum extent practicable,
consider and avoid duplication of any ongoing or planned
actions of other Federal, State, and local agencies and
nongovernmental organizations.
(3) Prioritization.--The comprehensive plan developed under
paragraph (1) shall give priority to projects described in
subsection (a)(2) that will improve water quality, reduce
hypoxia in the Lower Mississippi River or the Gulf of Mexico,
or use a combination of structural and nonstructural measures,
including alternatives that use natural features or nature-
based features (as such terms are defined in section 1184 of
the Water Resources Development Act of 2016 (32 U.S.C. 2289a)).
(c) Agreement.--
(1) In general.--Before providing assistance for a project
under this section, the Secretary shall enter into an agreement
with a non-Federal interest for the design and construction of
the project.
(2) Requirements.--Each agreement entered into under this
subsection shall provide for--
(A) the development by the Secretary, in
consultation with appropriate Federal, State, and local
officials, of a resource protection and restoration
plan, including appropriate engineering plans and
specifications and an estimate of expected resource
benefits; and
(B) the establishment of such legal and
institutional structures as are necessary to ensure the
effective long-term operation and maintenance of the
project by the non-Federal interest.
(d) Cost Sharing.--
(1) Federal share.--The Federal share of the cost to design
and construct a project under each agreement entered into under
this section shall be 75 percent.
(2) Non-federal share.--
(A) Value of land, easements, rights-of-way, and
relocations.--In determining the non-Federal
contribution toward carrying out an agreement entered
into under this section, the Secretary shall provide
credit to a non-Federal interest for the value of land,
easements, rights-of-way, and relocations provided by
the non-Federal interest, except that the amount of
credit provided for a project under this paragraph may
not exceed 25 percent of the total project costs.
(B) Operation and maintenance costs.--The non-
Federal share of the costs of operation and maintenance
of a project carried out under an agreement under this
section shall be 100 percent.
(e) Projects on Federal Land.--
(1) In general.--Except as provided in paragraph (2), a
project carried out pursuant to the comprehensive plan
developed under subsection (b) that is located on Federal land
shall be carried out at the expense of the Federal agency that
owns the land on which the project will be carried out.
(2) Non-federal contribution.--A Federal agency carrying
out a project described in paragraph (1) may accept
contributions of funds from non-Federal interests to carry out
that project.
(f) Cooperation.--In carrying out this section, the Secretary shall
cooperate with--
(1) the heads of appropriate Federal agencies, including--
(A) the Secretary of Agriculture;
(B) the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife
Service; and
(C) the heads of such other Federal agencies as the
Secretary determines to be appropriate; and
(2) agencies of any relevant State or political subdivision
of a State.
(g) Protection of Resources.--A project established under this
section shall be carried out using such measures as are necessary to
protect environmental, historic, and cultural resources.
(h) Projects Requiring Specific Authorization.--If the Federal
share of the cost to design and construct a project under this section
exceeds $15,000,000, the Secretary may only carry out the project if
Congress enacts a law authorizing the Secretary to carry out the
project.
(i) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that describes
the results of the program established under this section.
(j) Definition.--In this section, the term ``Lower Mississippi
River Basin'' means the portion of the Mississippi River that begins at
the confluence of the Ohio River and flows to the Gulf of Mexico, and
its tributaries and distributaries.
(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000.
SEC. 8146. WASHINGTON AQUEDUCT.
(a) Capital Improvement Authority.--The Secretary may carry out
capital improvements for the Washington Aqueduct that the Secretary
determines necessary for the safe, effective, and efficient operation
of the Aqueduct.
(b) Borrowing Authority.--
(1) In general.--Subject to paragraphs (2) through (4) and
subsection (c), the Secretary is authorized to borrow from the
Treasury of the United States such amounts as are sufficient to
cover any obligations that will be incurred by the Secretary in
carrying out capital improvements for the Washington Aqueduct
under subsection (a).
(2) Limitation.--The amount borrowed by the Secretary under
paragraph (1) may not exceed $40,000,000 in any fiscal year.
(3) Agreement.--Amounts borrowed under paragraph (1) may
only be used to carry out capital improvements with respect to
which the Secretary has entered into an agreement with each
customer.
(4) Terms of borrowing.--
(A) In general.--Subject to subsection (c), the
Secretary of the Treasury shall provide amounts
borrowed under paragraph (1) under such terms and
conditions as the Secretary of Treasury determines to
be necessary and in the public interest.
(B) Term.--The term of any loan made under
paragraph (1) shall be for a period of not less than 20
years.
(C) Prepayment.--There shall be no penalty for the
prepayment of any amounts borrowed under paragraph (1).
(c) Contracts With Customers.--
(1) In general.--The Secretary may not borrow any amounts
under subsection (b) until such time as the Secretary has
entered into a contract with each customer under which the
customer commits to pay a pro rata share (based on water
purchase) of the principal and interest owed to the Secretary
of the Treasury under subsection (b).
(2) Prepayment.--Any customer may pay, in advance, the pro
rata share of the principal and interest owed by the customer,
or any portion thereof, without penalty.
(3) Risk of default.--A customer that enters into a
contract under this subsection shall, as a condition of the
contract, commit to pay any additional amount necessary to
fully offset the risk of default on the contract.
(4) Obligations.--Each contract entered into under
paragraph (1) shall include such terms and conditions as the
Secretary of the Treasury may require so that the total value
to the Government of all contracts entered into under paragraph
(1) is estimated to be equal to the obligations of the
Secretary for carrying out capital improvements for the
Washington Aqueduct.
(5) Other conditions.--Each contract entered into under
paragraph (1) shall--
(A) include other conditions consistent with this
section that the Secretary and the Secretary of the
Treasury determine to be appropriate; and
(B) provide the United States priority in regard to
income from fees assessed to operate and maintain the
Washington Aqueduct.
(d) Customer Defined.--In this section, the term ``customer''
means--
(1) the District of Columbia;
(2) Arlington County, Virginia; and
(3) Fairfax County, Virginia.
SEC. 8147. WATER INFRASTRUCTURE PUBLIC-PRIVATE PARTNERSHIP PILOT
PROGRAM.
Section 5014 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2201 note) is amended--
(1) in subsection (a), by striking ``aquatic''; and
(2) in subsection (d)(1), by inserting ``ecosystem
restoration,'' after ``flood damage reduction,''.
SEC. 8148. ADVANCE PAYMENT IN LIEU OF REIMBURSEMENT FOR CERTAIN FEDERAL
COSTS.
(a) In General.--The Secretary is authorized to provide in advance
to a non-Federal interest the Federal share of funds required for the
acquisition of land, easements, and rights-of-way and the performance
of relocations for a water resources development project or a separable
element of a water resources development project--
(1) that is authorized to be constructed at Federal
expense;
(2) for which the Secretary has determined under section
103(b)(2) of the Water Resources Development Act of 1986 (33
U.S.C. 2213(b)(2)) that additional costs are a Federal
responsibility; or
(3) that is listed in subsection (b), if at any time the
cost to acquire the land, easements, and rights-of-way required
for the project is projected to exceed the non-Federal share of
the cost of the project.
(b) Listed Projects.--The projects referred to in subsection (a)(3)
are the following:
(1) Project for hurricane and storm damage risk reduction,
Delaware Beneficial Use of Dredged Material for the Delaware
River, Delaware, authorized by section 401(3) of the Water
Resources Development Act of 2020 (134 Stat. 2736), as modified
by this Act.
(2) Project for ecosystem restoration, Mississippi River
Gulf Outlet, Louisiana, authorized by section 7013(a)(4) of the
Water Resources Development Act of 2007 (121 Stat. 1281), as
modified by this Act.
(3) Project for ecosystem restoration, Great Lakes and
Mississippi River Interbasin project, Brandon Road, Will
County, Illinois, authorized by title IV of the Water Resources
Development Act of 2020 (134 Stat. 2740), as modified by this
Act.
(4) Project for navigation, Port of Nome, Alaska,
authorized by section 401(1) of the Water Resources Development
Act of 2020 (134 Stat. 2733), as modified by this Act.
(5) Project for storm damage reduction and shoreline
erosion protection, Lake Michigan, Illinois, from Wilmette,
Illinois, to the Illinois-Indiana State line, authorized by
section 101(a)(12) of the Water Resources Development Act of
1996 (110 Stat. 3664), as modified by this Act.
(6) Project for flood control, Milton, West Virginia,
authorized by section 580 of the Water Resources Development
Act of 1996 (110 Stat. 3790; 114 Stat. 2612; 121 Stat. 1154),
as modified by this Act.
(7) Project for coastal storm risk management, South Shore
of Staten Island, Fort Wadsworth to Oakwood Beach, New York, as
authorized by this Act.
SEC. 8149. USE OF OTHER FEDERAL FUNDS.
Section 2007 of the Water Resources Development Act of 2007 (33
U.S.C. 2222) is amended--
(1) by striking ``water resources study or project'' and
inserting ``water resources development study or project,
including a study or project under a continuing authority
program (as defined in section 7001(c)(1)(D) of the Water
Resources Reform and Development Act of 2014 (33 U.S.C.
2282d(c)(1)(D))) and a study or project under an environmental
infrastructure assistance program,''; and
(2) by striking ``if the Federal agency that provides the
funds determines that the funds are authorized to be used to
carry out the study or project.'' and inserting the following:
``if--
``(1) the statutory authority for the funds provided by the
Federal agency does not expressly prohibit use of the funds for
a study or project of the Corps of Engineers; and
``(2) the Federal agency that provides the funds determines
that the study or project activities for which the funds will
be used are otherwise eligible for funding under such statutory
authority.''.
SEC. 8150. NON-FEDERAL INTEREST ADVISORY COMMITTEE.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall establish a committee, to be known as
the ``Non-Federal Interest Advisory Committee'' and referred to in this
section as the ``Committee'', to develop and make recommendations to
the Secretary and the Chief of Engineers on activities and actions that
should be undertaken by the Corps of Engineers to ensure more effective
and efficient delivery of water resources development projects,
programs, and other assistance.
(b) Membership.--
(1) In general.--The Committee shall be composed of the
members described in paragraph (2), who shall--
(A) be appointed by the Secretary; and
(B) have the requisite experiential or technical
knowledge needed to address issues related to water
resources needs and challenges.
(2) Representatives.--The members of the Committee shall
include the following:
(A) 1 representative of each of the following:
(i) A non-Federal interest for a project
for navigation for an inland harbor.
(ii) A non-Federal interest for a project
for navigation for a harbor.
(iii) A non-Federal interest for a project
for flood risk management.
(iv) A non-Federal interest for a project
for coastal storm risk management.
(v) A non-Federal interest for a project
for aquatic ecosystem restoration.
(B) 1 representative of each of the following:
(i) A non-Federal stakeholder with respect
to inland waterborne transportation.
(ii) A non-Federal stakeholder with respect
to water supply.
(iii) A non-Federal stakeholder with
respect to recreation.
(iv) A non-Federal stakeholder with respect
to hydropower.
(v) A non-Federal stakeholder with respect
to emergency preparedness, including coastal
protection.
(C) 1 representative of each of the following:
(i) An organization with expertise in
conservation.
(ii) An organization with expertise in
environmental policy.
(iii) An organization with expertise in
rural water resources.
(c) Duties.--
(1) Recommendations.--The Committee shall provide advice
and make recommendations to the Secretary and the Chief of
Engineers to assist the Corps of Engineers in--
(A) efficiently and effectively delivering water
resources development projects;
(B) improving the capability and capacity of the
workforce of the Corps of Engineers to deliver such
projects and other assistance;
(C) improving the capacity and effectiveness of
Corps of Engineers consultation and liaison roles in
communicating water resources needs and solutions,
including regionally specific recommendations; and
(D) strengthening partnerships with non-Federal
interests to advance water resources solutions.
(2) Meetings.--The Committee shall meet as appropriate to
develop and make recommendations under paragraph (1).
(3) Report.--Recommendations made under paragraph (1) shall
be--
(A) included in a report submitted to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives; and
(B) made publicly available, including on a
publicly available website.
(d) Independent Judgment.--Any recommendation made by the Committee
to the Secretary and the Chief of Engineers under subsection (c)(1)
shall reflect the independent judgment of the Committee.
(e) Administration.--
(1) Compensation.--Except as provided in paragraph (2), the
members of the Committee shall serve without compensation.
(2) Travel expenses.--The members of the Committee shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(3) Treatment.--The members of the Committee shall not be
considered to be Federal employees, and the meetings and
reports of the Committee shall not be considered a major
Federal action under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
SEC. 8151. MATERIALS, SERVICES, AND FUNDS FOR REPAIR, RESTORATION, OR
REHABILITATION OF CERTAIN PUBLIC RECREATION FACILITIES.
(a) Authorization.--During a period of low water at an eligible
public recreation facility, the Secretary is authorized to--
(1) accept and use materials, services, and funds from a
non-Federal interest to repair, restore, or rehabilitate the
facility; and
(2) reimburse the non-Federal interest for the Federal
share of the materials, services, or funds.
(b) Requirement.--The Secretary may not reimburse a non-Federal
interest for the use of materials or services accepted under this
section unless the materials or services--
(1) meet the specifications of the Secretary; and
(2) comply with all applicable laws and regulations that
would apply if the materials and services were acquired by the
Secretary, including subchapter IV of chapter 31 and chapter 37
of title 40, United States Code, and section 8302 of title 41,
United States Code.
(c) Agreement.--Before the acceptance of materials, services, or
funds under this section, the Secretary and the non-Federal interest
shall enter into an agreement that--
(1) specifies that the non-Federal interest shall hold and
save the United States free from liability for any and all
damages that arise from use of materials or services of the
non-Federal interest, except for damages due to the fault or
negligence of the United States or its contractors;
(2) requires that the non-Federal interest certify that the
materials or services comply with the applicable laws and
regulations described in subsection (b)(2); and
(3) includes any other term or condition required by the
Secretary.
(d) Sunset.--The authority to enter into an agreement under this
section shall expire on the date that is 10 years after the date of
enactment of this Act.
(e) Definition of Eligible Public Recreation Facility.--In this
section, the term ``eligible public recreation facility'' means a
facility that--
(1) is located--
(A) at a reservoir operated by the Corps of
Engineers; and
(B) in the Upper Missouri River Basin;
(2) was constructed to enable public use of and access to
the reservoir; and
(3) requires repair, restoration, or rehabilitation to
function.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (a)(2) $20,000,000, to remain
available until expended.
SEC. 8152. REHABILITATION OF PUMP STATIONS.
Section 133 of the Water Resources Development Act of 2020 (33
U.S.C. 2327a) is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) Eligible pump station.--The term `eligible pump
station' means a pump station--
``(A) that is a feature of--
``(i) a federally authorized flood or
coastal storm risk management project; or
``(ii) an integrated flood risk reduction
system that includes a federally authorized
flood or coastal storm risk management project;
and
``(B) the failure of which the Secretary has
determined would demonstrably impact the function of
the federally authorized flood or coastal storm risk
management project.'';
(2) by striking subsection (b) and inserting the following:
``(b) Authorization.--The Secretary may carry out rehabilitation of
an eligible pump station, if the Secretary determines that--
``(1) the eligible pump station has a major deficiency; and
``(2) the rehabilitation is feasible.''; and
(3) by adding at the end the following:
``(g) Prioritization.--To the maximum extent practicable, the
Secretary shall prioritize the rehabilitation of eligible pump stations
under this section that benefit economically disadvantaged communities,
as defined by the Secretary under section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note), including economically
disadvantaged communities located in urban and rural areas.''.
SEC. 8153. REPORT TO CONGRESS ON CORPS OF ENGINEERS RESERVOIRS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall complete the updated report required
under section 1046(a)(2)(B) of the Water Resources Reform and
Development Act of 2014 (128 Stat. 1252).
(b) Report to Congress; Public Availability.--Upon completion of
the report as required by subsection (a), the Secretary shall--
(1) submit the report to Congress; and
(2) make the full report publicly available, including on a
publicly available website.
SEC. 8154. TEMPORARY RELOCATION ASSISTANCE PILOT PROGRAM.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall establish a pilot program to evaluate
the extent to which the provision of temporary relocation assistance
enhances the completeness, effectiveness, efficiency, acceptability,
and equitable implementation of covered water resources development
projects.
(b) Assistance Authorized.--Subject to subsection (c)--
(1) the non-Federal interest for a covered water resources
development project included in the pilot program established
under this section may provide temporary relocation assistance
to a temporarily displaced person; and
(2) the Secretary shall, pursuant to a project partnership
agreement--
(A) include the temporary relocation assistance
provided by the non-Federal interest for a covered
water resources development project under paragraph (1)
in the value of the land, easements, and rights-of-way
required for the project; and
(B) credit the amount of the temporary relocation
assistance provided by the non-Federal interest for the
covered water resources development project under
paragraph (1) toward the non-Federal share of the cost
of the project.
(c) Requirements.--
(1) Request of non-federal interest.--At the request of the
non-Federal interest for a covered water resources development
project, the Secretary may include the project in the pilot
program established under this section.
(2) Duplication of benefits.--The Secretary and the non-
Federal interest for a covered water resources development
project included in the pilot program established under this
section shall ensure that no temporarily displaced person
receives temporary relocation assistance under this section for
expenses for which the temporarily displaced person has
received financial assistance from any insurance, other
program, or any other governmental source.
(3) Equal treatment.--The non-Federal interest for a
covered water resources development project included in the
pilot program established under this section shall provide
temporary relocation assistance to each temporarily displaced
person on equal terms.
(4) Maximum amount of credit.--The Secretary shall not
include in the value of the land, easements, and rights-of-way
required for a covered water resources development project, or
credit toward the non-Federal share of the cost of the project,
any amount paid to individuals of a single household by the
non-Federal interest for the project under subsection (b) that
exceeds $20,000.
(d) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, and biennially thereafter, the Secretary shall
submit to the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report that includes findings and recommendations of
the Secretary with respect to the provision of temporary relocation
assistance for covered water resources development projects included in
the pilot program established under this section.
(e) Sunset.--The authority to enter into or amend a project
partnership agreement for a covered water resources development project
under the pilot program established under this section shall expire on
the date that is 10 years after the date of enactment of this Act.
(f) Savings Provision.--Nothing in this section affects the
eligibility for, or entitlement to, relocation assistance under the
Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4601 et seq.) for any individual.
(g) Definitions.--In this section:
(1) Covered water resources development project.--The term
``covered water resources development project'' means the
following projects:
(A) Project for hurricane and storm damage risk
reduction, Charleston Peninsula, Coastal Storm Risk
Management, South Carolina, authorized by this Act.
(B) Project for hurricane and storm damage risk
reduction, Fire Island Inlet to Montauk Point, New
York, authorized by section 401(3) of the Water
Resources Development Act of 2020 (134 Stat. 2738).
(C) Project for hurricane and storm damage risk
reduction, Rahway River Basin, New Jersey, authorized
by section 401(3) of the Water Resources Development
Act of 2020 (134 Stat. 2737).
(D) Project for flood risk management, Peckman
River Basin, New Jersey, authorized by section 401(2)
of the Water Resources Development Act of 2020 (134
Stat. 2735).
(E) Project for hurricane and storm damage
reduction, New Jersey Back Bays, Cape May, Ocean,
Atlantic, Monmouth, and Burlington Counties, authorized
by resolutions of the Committee on Public Works and
Transportation of the House of Representatives and the
Committee on Environment and Public Works of the
Senate, approved in December 1987, under study on the
date of enactment of this Act.
(2) Dwelling.--The term ``dwelling'' means--
(A) a single-family house;
(B) a single-family unit in a two-family,
multifamily, or multipurpose property;
(C) a unit of a condominium or cooperative housing
project;
(D) a mobile home; or
(E) any other residential unit.
(3) Household.--The term ``household'' means 1 or more
individuals occupying a single dwelling.
(4) Temporarily displaced person.--The term ``temporarily
displaced person'' means an individual who is--
(A) required to temporarily move from a dwelling
that is the primary residence of the individual as a
direct result of the elevation or modification of the
dwelling by the Secretary or a non-Federal interest as
part of a covered water resources development project;
and
(B) not otherwise entitled to temporary relocation
assistance under the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42
U.S.C. 4601 et seq.).
(5) Temporary relocation assistance.--The term ``temporary
relocation assistance'' means assistance that covers all or any
portion of the documented reasonable living expenses, excluding
food and personal transportation, incurred by a temporarily
displaced person during a period of displacement.
SEC. 8155. CONTINUATION OF CONSTRUCTION.
(a) Continuation of Construction.--
(1) In general.--Upon the transmittal of an initial
notification pursuant to subsection (b)(1) with respect to a
water resources development project, the Secretary shall not,
solely on the basis of the maximum cost requirements under
section 902 of the Water Resources Development Act of 1986 (33
U.S.C. 2280)--
(A) defer the initiation or continuation of
construction of the water resources development project
during the covered period; or
(B) terminate during or after the covered period, a
contract for design or construction of the water
resources development project that was entered into
prior to or during the covered period.
(2) Resumption of construction.--The Secretary shall, upon
the transmittal of an initial notification pursuant to
subsection (b)(1) with respect to a water resources development
project for which construction was deferred, during the period
beginning on October 1, 2021, and ending on the date of
enactment of this Act, because the cost of such project
exceeded the maximum cost permitted under section 902 of the
Water Resources Development Act of 1986 (33 U.S.C. 2280),
resume construction of the project.
(b) Notification.--
(1) Initial notification.--Not later than 30 days after the
Chief of Engineers makes a determination that a water resources
development project exceeds, or is expected to exceed, the
maximum cost of the project permitted under section 902 of the
Water Resources Development Act of 1986 (33 U.S.C. 2280), the
Chief of Engineers shall transmit a written notification
concurrently to the Secretary and to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives for each such determination.
(2) Supplemental notification.--Not later than 60 days
after the Chief of Engineers transmits an initial notification
required under paragraph (1), the Chief shall transmit
concurrently to the Secretary and to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a supplemental notification that includes,
based on information available to the Corps of Engineers on the
date of the supplemental notification--
(A) an estimate of the expected increase in the
cost of the project that is in excess of the authorized
maximum cost for the project;
(B) a description of the reason for the increased
cost of the project; and
(C) the expected timeline for submission of a post-
authorization change report for the project in
accordance with section 1132 of the Water Resources
Development Act of 2016 (33 U.S.C. 2282e).
(3) Transmittal.--The notifications described in paragraphs
(1) and (2) may not be delayed as a result of consideration
being given to changes in policy or priority with respect to
project consideration.
(c) Deferral of Construction.--After expiration of the covered
period, the Secretary shall not enter into any new contract, or
exercise any option in a contract, for construction of a water
resources development project if the project exceeds the maximum cost
of the project permitted under section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280), until the date on which
Congress authorizes an increase in the cost of the project.
(d) Statutory Construction.--Nothing in this section waives the
obligation of the Secretary to submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a post-authorization
change report recommending an increase in the authorized cost of a
project if the project otherwise would exceed the maximum cost of the
project permitted under section 902 of the Water Resources Development
Act of 1986 (33 U.S.C. 2280).
(e) Definition of Covered Period.--In this section, the term
``covered period'' means the period beginning on the date of enactment
of this Act and ending on December 31, 2024.
SEC. 8156. FEDERAL INTEREST DETERMINATION.
Section 905(b)(1) of the Water Resources Development Act of 1986
(33 U.S.C. 2282(b)(1)) is amended by amending subparagraph (B) to read
as follows:
``(B) Other communities.--In preparing a
feasibility report under subsection (a) for a study
that will benefit a community other than a community
described in subparagraph (A), upon request by the non-
Federal interest for the study, the Secretary may, with
respect to not more than 20 studies in each fiscal
year, first determine the Federal interest in carrying
out the study and the projects that may be proposed in
the study.''.
SEC. 8157. INLAND WATERWAY PROJECTS.
(a) In General.--Section 102(a) of the Water Resources Development
Act of 1986 (33 U.S.C. 2212(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``One-half of the costs'' and inserting ``65 percent of the
costs''; and
(2) in the undesignated matter following paragraph (3), in
the second sentence, by striking ``One-half of such costs'' and
inserting ``35 percent of such costs''.
(b) Application.--The amendments made by subsection (a) shall apply
beginning on October 1, 2022, to any construction of a project for
navigation on the inland waterways that is new or ongoing on or after
that date.
(c) Conforming Amendment.--Section 109 of the Water Resources
Development Act of 2020 (33 U.S.C. 2212 note) is amended by striking
``fiscal years 2021 through 2031'' and inserting ``fiscal years 2021
through 2022''.
SEC. 8158. CORPS OF ENGINEERS WESTERN WATER COOPERATIVE COMMITTEE.
(a) Establishment.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish a Western
Water Cooperative Committee (referred to in this section as the
``Cooperative Committee'').
(2) Purpose.--The purpose of the Cooperative Committee is
to ensure that Corps of Engineers flood control projects in
Western States are operated consistent with congressional
directives by identifying opportunities to avoid or minimize
conflicts between the operation of Corps of Engineers projects
and water rights and water laws in such States.
(3) Membership.--The Cooperative Committee shall be
composed of--
(A) the Assistant Secretary of the Army for Civil
Works (or a designee);
(B) the Chief of Engineers (or a designee);
(C) 1 representative from each of the Western
States, who may serve on the Western States Water
Council, to be appointed by the Governor of each State;
(D) 1 representative with legal experience from
each of the Western States, to be appointed by the
attorney general of each State; and
(E) 1 employee from each of the impacted regional
offices of the Bureau of Indian Affairs.
(4) Meetings.--
(A) In general.--The Cooperative Committee shall
meet not less than once each year in one of the Western
States.
(B) Available to public.--Each meeting of the
Cooperative Committee shall be open and accessible to
the public.
(C) Notification.--The Cooperative Committee shall
publish in the Federal Register adequate advance notice
of a meeting of the Cooperative Committee.
(5) Duties.--
(A) In general.--The Cooperative Committee shall
develop and make recommendations to avoid or minimize
conflicts between the operation of Corps of Engineers
projects and the water rights and water laws of Western
States.
(B) Limitation.--In carrying out subparagraph (A),
the Cooperative Committee shall--
(i) make recommendations that only apply to
Western States; and
(ii) ensure that any recommended changes or
modifications to policy or regulations for
Corps of Engineers projects would not adversely
affect water resources within the State of
Missouri.
(6) Status updates.--
(A) In general.--On an annual basis, the Secretary
shall provide to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a written report that includes--
(i) a summary of the contents of meetings
of the Cooperative Committee;
(ii) any legislative proposal from a
Western State proposed to the Cooperative
Committee; and
(iii) a description of any recommendations
made by the Cooperative Committee under
paragraph (5), including actions taken by the
Secretary in response to such recommendations.
(B) Comment.--
(i) In general.--Not later than 45 days
following the conclusion of a meeting of the
Cooperative Committee, the Secretary shall
provide to members of the Cooperative Committee
an opportunity to comment on the contents of
the meeting and any recommendations made under
paragraph (5).
(ii) Inclusion.--Comments provided under
clause (i) shall be included in the report
provided under subparagraph (A).
(7) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the members of the Cooperative Committee shall
serve without compensation.
(B) Travel expenses.--The members of the
Cooperative Committee shall receive travel expenses,
including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter
I of chapter 57 of title 5, United States Code.
(8) Maintenance of records.--The Cooperative Committee
shall maintain records pertaining to operating costs and
records of the Cooperative Committee for a period of not less
than 3 years.
(9) Savings provisions.--
(A) No additional authority.--Nothing in this
section provides authority to the Cooperative Committee
to affect any Federal or State water law or interstate
compact governing water.
(B) Other states.--Nothing in this section may be
interpreted, by negative implication or otherwise, as
suggesting that States not represented on the
Cooperative Committee have lesser interest or
authority, in relation to Western States, in managing
the water within their borders or in vindicating State
water rights and water laws.
(b) Definition of Western States.--In this section, the term
``Western States'' means the States of Alaska, Arizona, California,
Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North
Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and
Wyoming.
SEC. 8159. SUPPORT OF ARMY CIVIL WORKS MISSIONS.
The Secretary is authorized to use contracts, cooperative
agreements, or any other authorized means, in support of the Corps of
Engineers civil works missions, to work with--
(1) the University of Delaware to conduct academic research
on water resource ecology, water quality, aquatic ecosystem
restoration (including shellfish aquaculture), coastal
restoration, and water resource-related emergency management,
in the State of Delaware, the Delaware River Basin, and the
Chesapeake Bay watershed;
(2) the University of Missouri to conduct economic analyses
and other academic research to improve water management,
enhance flood resiliency, and preserve water resources for the
State of Missouri, the Lower Missouri River Basin, and Upper
Mississippi River Basin;
(3) Oregon State University to conduct a study and other
academic research on the associated impacts of wildfire on
water resource ecology, water supply, quality, and distribution
in the Willamette River Basin and to develop a water resource
assessment and management platform for the Willamette River
Basin; and
(4) West Virginia University to conduct academic research
on flood risk management, water resource-related emergency
management, aquatic ecosystem restoration, water quality,
hydropower, and water resource-related recreation in the State
of West Virginia.
SEC. 8160. CIVIL WORKS RESEARCH AND DEVELOPMENT.
(a) In General.--Section 7 of the Water Resources Development Act
of 1988 (33 U.S.C. 2313) is amended to read as follows:
``SEC. 7. RESEARCH AND DEVELOPMENT.
``(a) In General.--The Secretary is authorized to carry out basic,
applied, and advanced research activities as required to aid in the
planning, design, construction, operation, and maintenance of water
resources development projects and to support the missions and
authorities of the Corps of Engineers.
``(b) Testing and Application.--In carrying out subsection (a), the
Secretary is authorized to test and apply technology, tools,
techniques, and materials developed pursuant to such subsection,
including the testing and application of such technology, tools,
techniques, and materials at authorized water resources development
projects, in consultation with the non-Federal interests for such
projects.
``(c) Other Transactional Authority for Prototype Projects.--
``(1) In general.--In carrying out subsection (b), the
Secretary is authorized to enter into transactions (other than
contracts, cooperative agreements, or grants) to carry out
prototype projects to support basic, applied, and advanced
research activities that are directly relevant to the civil
works missions and authorities of the Corps of Engineers.
``(2) Follow-on production transactions.--A transaction
entered into under paragraph (1) for a prototype project may
provide for the award of a follow-on production contract or
transaction to the participants in the transaction in
accordance with the requirements of section 4022 of title 10,
United States Code.
``(3) Guidance.--Prior to entering into the first
transaction under this subsection, the Secretary shall issue
guidance for entering into transactions under this subsection
(including guidance for follow-on production contracts or
transactions under paragraph (2)).
``(4) Conditions.--In carrying out this subsection, the
Secretary shall ensure that--
``(A) competitive procedures are used to the
maximum extent practicable to award each transaction;
and
``(B) at least one of the following conditions is
met with respect to each transaction:
``(i) The prototype project includes
significant participation by at least one
nonprofit research institution or
nontraditional defense contractor, as that term
is defined in section 3014 of title 10, United
States Code.
``(ii) All significant participants in the
transaction other than the Federal Government
are small business concerns, as that term is
used in section 3 of the Small Business Act (15
U.S.C. 632) (including such concerns
participating in a program described in section
9 of such Act (15 U.S.C. 638)).
``(iii) At least one-third of the total
cost of the prototype project is to be paid out
of funds provided by sources other than the
Federal Government.
``(iv) The Head of the Contracting Activity
for the Corps of Engineers submits to the
Committee on Transportation and Infrastructure
of the House of Representatives and the
Committee on Environment and Public Works of
the Senate a notification that exceptional
circumstances justify the use of a transaction
that provides for innovative business
arrangements or structures that would not be
feasible or appropriate under a contract,
cooperative agreement, or grant.
``(5) Notification.--Not later than 30 days before the
Secretary enters into a transaction under paragraph (1), the
Secretary shall notify the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate of--
``(A) the dollar amount of the transaction;
``(B) the entity carrying out the prototype project
that is the subject of the transaction;
``(C) the justification for the transaction; and
``(D) as applicable, the water resources
development project where the prototype project will be
carried out.
``(6) Report.--Not later than 4 years after the date of
enactment of the Water Resources Development Act of 2022, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report describing the use of the authority under this
subsection.
``(7) Comptroller general access to information.--
``(A) Examination of records.--Each transaction
entered into under this subsection shall provide for
mandatory examination by the Comptroller General of the
United States of the records of any party to the
transaction or any entity that participates in the
performance of the transaction.
``(B) Limitations.--
``(i) Parties and entities.--Examination of
records by the Comptroller General pursuant to
subparagraph (A) shall be limited as provided
under clause (ii) in the case of a party to the
transaction, an entity that participates in the
performance of the transaction, or a
subordinate element of that party or entity if
the only transactions that the party, entity,
or subordinate element entered into with
Government entities in the year prior to the
date of that transaction were entered into
under paragraph (1) or under section 4021 or
4022 of title 10, United States Code.
``(ii) Records.--The only records of a
party, other entity, or subordinate element
referred to in clause (i) that the Comptroller
General may examine pursuant to subparagraph
(A) are records of the same type as the records
that the Government has had the right to
examine under the audit access clauses of the
previous transactions referred to in such
clause that were entered into by that
particular party, entity, or subordinate
element.
``(C) Waiver.--The Head of the Contracting Activity
for the Corps of Engineers may waive the applicability
of subparagraph (A) to a transaction if the Head of the
Contracting Activity for the Corps of Engineers--
``(i) determines that it would not be in
the public interest to apply the requirement to
the transaction; and
``(ii) transmits to the Committee on
Environment and Public Works of the Senate, the
Committee on Transportation and Infrastructure
of the House of Representatives, and the
Comptroller General, before the transaction is
entered into, a notification of the waiver,
including the rationale for the determination
under clause (i).
``(D) Timing.--The Comptroller General may not
examine records pursuant to subparagraph (A) more than
3 years after the final payment is made by the United
States under the transaction.
``(E) Report.--Not later than 1 year after the date
of enactment of the Water Resources Development Act of
2022, and annually thereafter, the Comptroller General
shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a
report on the use of the authority under this
paragraph.
``(8) Termination of authority.--The authority to enter
into a transaction under this subsection shall terminate on
December 31, 2028.
``(d) Coordination and Consultation.--In carrying out this section,
the Secretary may coordinate and consult with Federal agencies, State
and local agencies, Indian Tribes, universities, consortiums, councils,
and other relevant entities that will aid in the planning, design,
construction, operation, and maintenance of water resources development
projects.
``(e) Annual Report.--
``(1) In general.--For fiscal year 2025, and annually
thereafter, in conjunction with the annual budget submission of
the President to Congress under section 1105(a) of title 31,
United States Code, the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report on basic, applied, and advanced
research activities and prototype projects carried out under
this section.
``(2) Contents.--Each report under paragraph (1) shall
include--
``(A) a description of each ongoing and new
activity or project, including--
``(i) the estimated total cost of the
activity or project;
``(ii) the amount of Federal expenditures
for the activity or project;
``(iii) the amounts provided by a non-
Federal party to a transaction described in
subsection (c), if applicable;
``(iv) the estimated timeline for
completion of the activity or project;
``(v) the requesting district of the Corps
of Engineers, if applicable; and
``(vi) how the activity or project is
consistent with subsection (a); and
``(B) any additional information that the Secretary
determines to be appropriate.
``(f) Savings Clause.--Nothing in this section affects the
authority of the Secretary to carry out, through the Engineer Research
and Development Center, any activity requested by a district of the
Corps of Engineers in support of a water resources development project
or feasibility study (as defined in section 105(d) of the Water
Resources Development Act of 1986 (33 U.S.C. 2215(d))).
``(g) Establishment of Account.--The Secretary, in consultation
with the Director of the Office of Management and Budget, shall
establish a separate appropriations account for administering funds
made available to carry out this section.''.
(b) Clerical Amendment.--The table of contents contained in section
1(b) of the Water Resources Development Act of 1988 (102 Stat. 4012) is
amended by striking the item relating to section 7 and inserting the
following:
``Sec. 7. Research and development.''.
SEC. 8161. SENSE OF CONGRESS ON OPERATIONS AND MAINTENANCE OF
RECREATION SITES.
It is the sense of Congress that the Secretary, in each work plan
submitted to Congress by the Secretary, should distribute amounts
provided for the operations and maintenance of recreation sites of the
Corps of Engineers so that each site receives an amount that is not
less than 80 percent of the recreation fees generated by such site in a
given year.
SEC. 8162. SENSE OF CONGRESS RELATING TO POST-DISASTER REPAIRS.
It is the sense of Congress that in scoping and funding post-
disaster repairs, the Secretary should, to the maximum extent
practicable, repair assets--
(1) to project design levels; or
(2) if the original project design is outdated, to a higher
level than the project design level.
Subtitle B--Studies and Reports
SEC. 8201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.
(a) New Projects.--The Secretary is authorized to conduct a
feasibility study for the following projects for water resources
development and conservation and other purposes, as identified in the
reports titled ``Report to Congress on Future Water Resources
Development'' submitted to Congress pursuant to section 7001 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or
otherwise reviewed by Congress:
(1) Dudleyville, arizona.--Project for flood risk
management, Dudleyville, Arizona.
(2) Mcmicken dam, arizona.--Project for flood risk
management, McMicken Dam, Arizona.
(3) Conn creek dam, california.--Project for flood risk
management, Conn Creek Dam, California.
(4) City of huntington beach, california.--Project for
hurricane and storm damage risk reduction, including sea level
rise, and shoreline stabilization, City of Huntington Beach,
California.
(5) Napa river, california.--Project for navigation,
Federal Channel of Napa River, California.
(6) Petaluma river wetlands, california.--Project for
ecosystem restoration, City of Petaluma, California.
(7) City of rialto, california.--Project for ecosystem
restoration and flood risk management, City of Rialto and
vicinity, California.
(8) North richmond, california.--Project for hurricane and
storm damage risk reduction, including sea level rise, and
ecosystem restoration, North Richmond, California.
(9) Stratford, connecticut.--Project for hurricane and
storm damage risk reduction and flood risk management,
Stratford, Connecticut.
(10) Thatchbed island, connecticut.--Project for flood risk
management and ecosystem restoration, Thatchbed Island, Essex,
Connecticut.
(11) Woodbridge, connecticut.--Project for flood risk
management, Woodbridge, Connecticut.
(12) Federal triangle area, washington, district of
columbia.--Project for flood risk management, Federal Triangle
Area, Washington, District of Columbia, including construction
of improvements to interior drainage.
(13) Potomac and anacostia rivers, washington, district of
columbia.--Project for recreational access, including enclosed
swimming areas, Potomac and Anacostia Rivers, District of
Columbia.
(14) Washington metropolitan area, washington, district of
columbia, maryland, and virginia.--Project for water supply,
including the identification of a secondary water source and
additional water storage capability for the Washington
Metropolitan Area, Washington, District of Columbia, Maryland,
and Virginia.
(15) Town of longboat key, florida.--Project for whole
island hurricane and storm damage risk reduction, Town of
Longboat Key, Florida.
(16) Lake runnymede, florida.--Project for ecosystem
restoration, Lake Runnymede, Florida.
(17) Tampa back bay, florida.--Project for flood risk
management and hurricane and storm damage risk reduction,
including the use of natural features and nature-based features
for protection and recreation, Tampa Back Bay, Florida.
(18) Port tampa bay and mckay bay, florida.--Project for
hurricane and storm damage risk reduction, Port Tampa Bay,
Florida, including McKay Bay.
(19) Lake tohopekaliga, florida.--Project for ecosystem
restoration and flood risk management, Lake Tohopekaliga,
Florida.
(20) City of albany, georgia.--Project for flood risk
management, City of Albany, Georgia.
(21) City of east point, georgia.--Project for flood risk
management, City of East Point, Georgia.
(22) Cumberland island and sea island, georgia.--Project
for ecosystem restoration and coastal storm risk management,
Cumberland Island and Sea Island, Georgia.
(23) Flint river basin headwaters, clayton county,
georgia.--Project for flood risk management and ecosystem
restoration, Flint River Basin Headwaters, Clayton County,
Georgia.
(24) County of hawai`i, hawaii.--Project for flood and
coastal storm risk management, County of Hawai`i, Hawaii.
(25) Maui, hawaii.--Project for coastal storm risk
management, County of Maui, Hawaii.
(26) Waikiki, hawaii.--Project for ecosystem restoration
and hurricane and storm damage risk reduction, Waikiki, Hawaii.
(27) Wailupe stream watershed, hawaii.--Project for flood
risk management, Wailupe Stream watershed, Hawaii.
(28) Columbus, kentucky.--Project for flood risk
management, including riverbank stabilization, Columbus,
Kentucky.
(29) Cumberland river, kentucky.--Project for navigation,
Cumberland River, Kentucky.
(30) Jenkins, kentucky.--Project for flood risk management
and water supply, Jenkins, Kentucky.
(31) Kentucky river, kentucky.--Project for flood risk
management on the Kentucky River and its tributaries and
watersheds in Breathitt, Clay, Estill, Harlan, Lee, Leslie,
Letcher, Owsley, Perry, and Wolfe Counties, Kentucky.
(32) Newport, kentucky.--Project for ecosystem restoration,
flood risk management, and recreation, Newport, Kentucky.
(33) Ellicott city and howard county, maryland.--Project
for flood risk management, Ellicott City and Howard County,
Maryland.
(34) Assawompset pond complex, massachusetts.--Project for
ecosystem restoration, flood risk management, and water supply,
Assawompset Pond Complex, Massachusetts.
(35) Charles river, massachusetts.--Project for flood risk
management and ecosystem restoration, Charles River,
Massachusetts.
(36) Chelsea creek and mill creek, massachusetts.--Project
for flood risk management and ecosystem restoration, including
bank stabilization, City of Chelsea, Massachusetts.
(37) Connecticut river streambank erosion, massachusetts,
vermont, and new hampshire.--Project for streambank erosion,
Connecticut River, Massachusetts, Vermont, and New Hampshire.
(38) Deerfield river, massachusetts.--Project for flood
risk management and ecosystem restoration, Deerfield River,
Massachusetts.
(39) Town of north attleborough, massachusetts.--Project
for ecosystem restoration and flood risk management, Ten Mile
River, North Attleborough, Massachusetts.
(40) Town of hull, massachusetts.--Project for flood risk
management and hurricane and storm damage risk reduction, Hull,
Massachusetts.
(41) City of revere, massachusetts.--Project for flood risk
management and marsh ecosystem restoration, City of Revere,
Massachusetts.
(42) Lower east side, detroit, michigan.--Project for flood
risk management, Lower East Side, Detroit, Michigan.
(43) Elijah root dam, michigan.--Project for dam removal,
by carrying out a disposition study under section 216 of the
Flood Control Act of 1970 (33 U.S.C. 549a), Elijah Root Dam,
Michigan.
(44) Grosse pointe shores and grosse pointe farms,
michigan.--Project for ecosystem restoration and flood risk
management, Grosse Pointe Shores and Grosse Pointe Farms,
Michigan.
(45) Southeast michigan, michigan.--Project for flood risk
management, Southeast Michigan.
(46) Tittabawassee river, chippewa river, pine river, and
tobacco river, michigan.--Project for flood risk management and
ecosystem restoration, Tittabawassee River, Chippewa River,
Pine River, and Tobacco River, Michigan.
(47) Southwest mississippi, mississippi.--Project for
ecosystem restoration and flood risk management, Wilkinson,
Adams, Warren, Claiborne, Franklin, Amite, and Jefferson
Counties, Mississippi.
(48) Bellevue, nebraska.--Project for flood risk
management, Bellevue, Nebraska, including the placement of a
pump station near Offutt Ditch.
(49) Papillion creek, nebraska.--Project for flood risk
management, including levee improvement, Papillion Creek,
Nebraska.
(50) Sarpy county, nebraska.--Project for flood risk
management, Sarpy County, Nebraska.
(51) Camden and gloucester county, new jersey.--Project for
tidal and riverine flood risk management, Camden and Gloucester
Counties, New Jersey.
(52) Edgewater, new jersey.--Project for flood risk
management, Edgewater, New Jersey.
(53) Maurice river, new jersey.--Project for navigation and
for beneficial use of dredged materials for hurricane and storm
damage risk reduction and ecosystem restoration, Maurice River,
New Jersey.
(54) Northern new jersey inland flooding, new jersey.--
Project for inland flood risk management in Hudson, Essex,
Union, Bergen, Hunterdon, Morris, Somerset, Warren, Passaic,
and Sussex Counties, New Jersey.
(55) Riser ditch, new jersey.--Project for flood risk
management, including channel improvements, and other related
water resource needs related to Riser Ditch in the communities
of South Hackensack, Hasbrouck Heights, Little Ferry,
Teterboro, and Moonachie, New Jersey.
(56) Rockaway river, new jersey.--Project for flood risk
management and ecosystem restoration, including bank
stabilization, Rockaway River, New Jersey.
(57) Tenakill brook, new jersey.--Project for flood risk
management, Tenakill Brook, New Jersey.
(58) Verona, cedar grove, and west caldwell, new jersey.--
Project for flood risk management along the Peckman River Basin
in the townships of Verona (and surrounding area), Cedar Grove,
and West Caldwell, New Jersey.
(59) Whippany river watershed, new jersey.--Project for
flood risk management, Morris County, New Jersey.
(60) Lake farmington dam, new mexico.--Project for water
supply, Lake Farmington Dam, New Mexico.
(61) Mcclure dam, new mexico.--Project for dam safety
improvements and flood risk management, McClure Dam, City of
Santa Fe, New Mexico.
(62) Blind brook, new york.--Project for flood risk
management, coastal storm risk management, navigation,
ecosystem restoration, and water supply, Blind Brook, New York.
(63) Brooklyn navy yard, new york.--Project for flood risk
management and hurricane and storm damage risk reduction,
Brooklyn Navy Yard, New York.
(64) Connetquot river and green creek, new york.--Project
for navigation, Connetquot River and Green Creek, Suffolk
County, New York.
(65) Hutchinson river, new york.--Project for flood risk
management and ecosystem restoration, Hutchinson River, New
York.
(66) Mohawk river basin, new york.--Project for flood risk
management, navigation, and environmental restoration, Mohawk
River Basin, New York.
(67) Newtown creek, new york.--Project for ecosystem
restoration, Newtown Creek, New York.
(68) John j. burns park, oyster bay, new york.--Project for
flood risk management and hurricane and storm risk reduction,
Oyster Bay, New York, in the vicinity of John J. Burns Park,
Massapequa, New York, including the replacement and
reconstruction of the existing bulkhead system.
(69) Joseph j. saladino memorial marina, oyster bay, new
york.--Project for flood risk management and hurricane and
storm risk reduction, Oyster Bay, New York, in the vicinity of
the Joseph J. Saladino Memorial Marina, Massapequa, New York,
including the replacement and reconstruction of the existing
bulkhead system.
(70) Saw mill river, new york.--Project for flood risk
management and ecosystem restoration to address areas in the
City of Yonkers and the Village of Hastings-on-Hudson within
the 100-year flood zone, Saw Mill River, New York.
(71) South shore of long island, new york.--Project for
flood and coastal storm risk management, navigation, and
ecosystem restoration, South Shore of Long Island, New York.
(72) Upper east river and flushing bay, new york.--Project
for ecosystem restoration, Upper East River and Flushing Bay,
New York.
(73) Cape fear river basin, north carolina.--Project for
flood and coastal storm risk management, Cape Fear River Basin,
North Carolina.
(74) Oregon inlet, north carolina.--Project for navigation,
Oregon Inlet, North Carolina.
(75) Mineral ridge dam, ohio.--Project for dam safety
improvements and rehabilitation, Mineral Ridge Dam, Ohio.
(76) Mill creek levee and walla walla river, oregon.--
Project for ecosystem restoration, Mill Creek Levee and Walla
Walla River, Oregon.
(77) Brodhead creek watershed, pennsylvania.--Project for
ecosystem restoration and flood risk management, Brodhead Creek
Watershed, Pennsylvania.
(78) Chartiers creek watershed, pennsylvania.--Project for
flood risk management, Chartiers Creek Watershed, Pennsylvania.
(79) Coplay creek, pennsylvania.--Project for flood risk
management, Coplay Creek, Pennsylvania.
(80) Berkeley county, south carolina.--Project for
ecosystem restoration and flood risk management, Berkeley
County, South Carolina.
(81) Big sioux river, south dakota.--Project for flood risk
management, City of Watertown and vicinity, South Dakota.
(82) El paso county, texas.--Project for flood risk
management for economically disadvantaged communities, as
defined by the Secretary under section 160 of the Water
Resources Development Act of 2020 (33 U.S.C. 2201 note), along
the United States-Mexico border, El Paso County, Texas.
(83) Gulf intracoastal waterway-channel to palacios,
texas.--Project for navigation, Gulf Intracoastal Waterway-
Channel to Palacios, Texas.
(84) Hidalgo and cameron counties, texas.--Project for
flood risk management and ecosystem restoration, the Resacas,
Hidalgo and Cameron Counties, Texas.
(85) Sikes lake, texas.--Project for ecosystem restoration
and flood risk management, Sikes Lake, Texas.
(86) Southwest border region, texas.--Project for flood
risk management for economically disadvantaged communities, as
defined by the Secretary under section 160 of the Water
Resources Development Act of 2020 (33 U.S.C. 2201 note), along
the United States-Mexico border in Webb, Zapata, and Starr
Counties, Texas.
(87) Lower clear creek and dickinson bayou, texas.--Project
for flood risk management, Lower Clear Creek and Dickinson
Bayou, Texas.
(88) Great salt lake, utah.--Project for ecosystem
restoration and water supply, Great Salt Lake, Utah.
(89) Cedar island, virginia.--Project for ecosystem
restoration, hurricane and storm damage risk reduction, and
navigation, Cedar Island, Virginia.
(90) Ballinger creek, washington.--Project for ecosystem
restoration, City of Shoreline, Washington.
(91) City of north bend, washington.--Project for water
supply, City of North Bend, Washington.
(92) Taneum creek, washington.--Project for ecosystem
restoration, Taneum Creek, Washington.
(93) City of huntington, west virginia.--Project for flood
risk management, Huntington, West Virginia.
(94) Fox-wolf basin, wisconsin.--Project for flood risk
management and water supply, Fox-Wolf Basin, Wisconsin.
(b) Project Modifications.--The Secretary is authorized to conduct
a feasibility study for the following project modifications:
(1) Craighead, poinsett, and cross counties, arkansas.--
Modifications to the project for flood protection and major
drainage improvement in the Saint Francis River Basin, Missouri
and Arkansas, authorized by section 204 of the Flood Control
Act of 1950 (64 Stat. 172), to provide flood risk management
for the tributaries and drainage of Straight Slough, Craighead,
Poinsett, and Cross Counties, Arkansas.
(2) Shingle creek and kissimmee river, florida.--
Modifications to the project for ecosystem restoration and
water storage, Shingle Creek and Kissimmee River, Florida,
authorized by section 201(a)(5) of the Water Resources
Development Act of 2020 (134 Stat. 2670), for flood risk
management.
(3) Jacksonville harbor, florida.--Modifications to the
project for navigation, Jacksonville Harbor, Florida,
authorized by section 7002 of the Water Resources Reform and
Development Act of 2014 (128 Stat. 1364), for outer channel
improvements.
(4) Savannah harbor, georgia.--Modifications to the project
for navigation, Savannah Harbor Expansion Project, Georgia,
authorized by section 7002(1) of the Water Resources Reform and
Development Act of 2014 (128 Stat. 1364; 132 Stat. 3839),
without evaluation of additional deepening.
(5) Honolulu harbor, hawaii.--Modifications to the project
for navigation, Honolulu Harbor, Hawaii, for navigation
improvements and coastal storm risk management, authorized by
the first section of the Act of March 3, 1905 (chapter 1482, 33
Stat. 1146).
(6) Cedar river, cedar rapids, iowa.--Modifications to the
project for flood risk management, Cedar River, Cedar Rapids,
Iowa, authorized by section 7002(2) of the Water Resources
Reform and Development Act of 2014 (128 Stat. 1366), consistent
with the City of Cedar Rapids, Iowa, Cedar River Flood Control
System Master Plan.
(7) South haven harbor, michigan.--Modifications to the
project for navigation, South Haven Harbor, Michigan, for
turning basin improvements, authorized by the first section of
the Act of August 11, 1888 (chapter 860, 25 Stat. 406).
(8) Salem river, salem county, new jersey.--Modifications
to the project for navigation, Salem River, Salem County, New
Jersey, authorized by section 1 of the Act of March 2, 1907
(chapter 2509, 34 Stat. 1080), to increase the authorized
depth.
(9) Port of ogdensburg, new york.--Modifications to the
project for navigation, Port of Ogdensburg, New York, including
deepening, authorized by the first section of the Act of June
25, 1910 (chapter 382, 36 Stat. 635).
(10) Rollinson channel and hatteras inlet to hatteras,
north carolina.--Modifications to the project for navigation,
Rollinson Channel and channel from Hatteras Inlet to Hatteras,
North Carolina, authorized by section 101 of the River and
Harbor Act of 1962 (76 Stat. 1174), to incorporate the ocean
bar.
(11) Hiram m. chittenden locks, lake washington ship canal,
washington.--Modifications to the Hiram M. Chittenden Locks
(also known as Ballard Locks), Lake Washington Ship Canal,
Washington, authorized by the Act of June 25, 1910 (chapter
382, 36 Stat. 666), for the construction of fish ladder
improvements, including efforts to address elevated temperature
and low dissolved oxygen levels in the Canal.
(12) Huntington, west virginia.--Modifications to the
Huntington Local Protection Project, Huntington, West Virginia.
(c) Special Rules.--
(1) Wailupe stream watershed, hawaii.--The study authorized
by subsection (a)(27) shall be considered a resumption and a
continuation of the general reevaluation initiated on December
30, 2003, pursuant to section 209 of the Flood Control Act (76
Stat. 1197).
(2) Bellevue and papillion creek, nebraska.--The studies
authorized by paragraphs (48) and (49) of subsection (a) shall
be considered a continuation of the study that resulted in the
Chief's Report for the project for Papillion Creek and
Tributaries Lakes, Nebraska, signed January 24, 2022.
(3) South shore of long island, new york.--In carrying out
the study authorized by subsection (a)(71), the Secretary shall
study the South Shore of Long Island, New York, as a whole
system, including inlets that are Federal channels.
(4) Project modifications.--Each study authorized by
subsection (b) shall be considered a new phase investigation
and afforded the same treatment as a general reevaluation.
SEC. 8202. EXPEDITED COMPLETION.
(a) Feasibility Studies.--The Secretary shall expedite the
completion of a feasibility study for each of the following projects,
and if the Secretary determines that the project is justified in a
completed report, may proceed directly to preconstruction planning,
engineering, and design of the project:
(1) Modifications to the project for navigation, Auke Bay,
Alaska.
(2) Project for flood risk management, Cave Buttes Dam,
Arizona.
(3) Project for navigation, Branford Harbor and Stony Creek
Channel, Connecticut.
(4) Project for flood risk management, East Hartford Levee
System, Connecticut.
(5) Project for navigation, Guilford Harbor and Sluice
Channel, Connecticut.
(6) Project for ecosystem restoration, Lake Okeechobee,
Florida.
(7) Project for ecosystem restoration, Western Everglades,
Florida.
(8) Modifications to the project for navigation, Hilo
Harbor, Hawaii.
(9) Project for ecosystem restoration, Fox River, Illinois,
included in the comprehensive plan under section 519 of the
Water Resources Development Act of 2000 (114 Stat. 2653).
(10) Project for ecosystem restoration, recreation, and
other purposes, Illinois River, Chicago River, Calumet River,
Grand Calumet River, Little Calumet River, and other waterways
in the vicinity of Chicago, Illinois, authorized by section
201(a)(7) of the Water Resources Development Act of 2020 (134
Stat. 2670).
(11) Project for hurricane and storm damage risk reduction,
Chicago Shoreline, Illinois, authorized by section 101(a)(12)
of the Water Resources Development Act of 1996 (110 Stat. 3664;
128 Stat. 1372).
(12) Project for coastal storm risk management, St. Tammany
Parish, Louisiana.
(13) Modifications to the project for navigation, Baltimore
Harbor and Channels-Seagirt Loop Deepening, Maryland, including
to a depth of 50 feet.
(14) Project for flood and coastal storm risk management
and ecosystem restoration, Boston North Shore, Revere, Saugus,
Lynn, Malden, and Everett, Massachusetts.
(15) Project for flood and coastal storm risk management,
Chelsea, Massachusetts, authorized by a study resolution of the
Committee on Public Works of the Senate dated September 12,
1969.
(16) Project for ecosystem restoration, Herring River
Estuary, Barnstable County, Massachusetts, authorized by a
resolution of the Committee on Transportation and
Infrastructure of the House of Representatives, approved July
23, 1997.
(17) Modifications to the project for flood risk
management, North Adams, Massachusetts, authorized by section 5
of the Act of June 22, 1936 (chapter 688, 49 Stat. 1572; 55
Stat. 639), for flood risk management and ecosystem
restoration.
(18) Project for coastal storm risk management, ecosystem
restoration, and navigation, Nauset Barrier Beach and inlet
system, Chatham, Massachusetts, authorized by a study
resolution of the Committee on Public Works of the Senate dated
September 12, 1969.
(19) Project for flood risk management, DeSoto County,
Mississippi.
(20) Project for flood risk management, Rahway, New Jersey,
authorized by section 336 of the Water Resources Development
Act of 2020 (134 Stat. 2712).
(21) Project for coastal storm risk management, Raritan Bay
and Sandy Hook Bay, New Jersey.
(22) Project for coastal storm risk management, Sea Bright
to Manasquan, New Jersey.
(23) Project for flood risk management, Rio Grande de
Loiza, Puerto Rico.
(24) Project for flood risk management, Rio Nigua, Salinas,
Puerto Rico.
(25) Project for flood risk management, Kanawha River
Basin, West Virginia, Virginia, and North Carolina.
(b) Post-Authorization Change Reports.--The Secretary shall
expedite completion of a post-authorization change report for the
following projects:
(1) Project for ecosystem restoration, Tres Rios, Arizona,
authorized by section 101(b)(4) of the Water Resources
Development Act of 2000 (114 Stat. 2577).
(2) Project for coastal storm risk management, Surf City
and North Topsail Beach, North Carolina, authorized by section
7002(3) of the Water Resources Reform and Development Act of
2014 (128 Stat. 1367).
(c) Watershed and River Basin Assessments.--
(1) Great lakes coastal resiliency study.--The Secretary
shall expedite the completion of the comprehensive assessment
of water resources needs for the Great Lakes System under
section 729 of the Water Resources Development Act of 1986 (33
U.S.C. 2267a), as required by section 1219 of the Water
Resources Development Act of 2018 (132 Stat. 3811; 134 Stat.
2683).
(2) County of hawai`i, hawaii.--The Secretary shall
expedite the completion of a watershed assessment for the
County of Hawai`i, Hawaii, under section 729 of the Water
Resources Development Act of 1986 (33 U.S.C. 2267a).
(d) Maintenance of Navigation Channels.--The Secretary shall
expedite the completion of a determination of the feasibility of
improvements proposed by the non-Federal interest under section
204(f)(1)(A)(i) of the Water Resources Development Act of 1986 (33
U.S.C. 2232(f)(1)(A)(i)), for the deepening and widening of the
navigation project for Coos Bay, Oregon, authorized by the Act of March
3, 1879 (chapter 181, 20 Stat. 370).
SEC. 8203. EXPEDITED MODIFICATIONS OF EXISTING FEASIBILITY STUDIES.
The Secretary shall expedite the completion of the following
feasibility studies, as modified by this section, and if the Secretary
determines that a project that is the subject of the feasibility study
is justified in the completed report, may proceed directly to
preconstruction planning, engineering, and design of the project:
(1) Mare island strait, california.--The study for
navigation, Mare Island Strait channel, authorized by section
406 of the Water Resources Development Act of 1999 (113 Stat.
323), is modified to authorize the Secretary to consider the
economic and national security benefits from recent proposals
for utilization of the channel for Department of Defense
shipbuilding and vessel repair.
(2) Lake pontchartrain and vicinity, louisiana.--The study
for flood risk management and hurricane and storm damage risk
reduction, Lake Pontchartrain and Vicinity, Louisiana,
authorized by section 204 of the Flood Control Act of 1965 (79
Stat. 1077), is modified to authorize the Secretary to
investigate increasing the scope of the project to provide
protection against a 200-year storm event.
(3) Blackstone river valley, rhode island and
massachusetts.--
(A) In general.--The study for ecosystem
restoration, Blackstone River Valley, Rhode Island and
Massachusetts, authorized by section 569 of the Water
Resources Development Act of 1996 (110 Stat. 3788), is
modified to authorize the Secretary to conduct a study
for water supply, water flow, and wetland restoration
and protection within the scope of the study.
(B) Incorporation of existing data.--In carrying
out the study described in subparagraph (A), the
Secretary shall use, to the extent practicable, any
existing data for the project prepared under the
authority of section 206 of the Water Resources
Development Act of 1996 (33 U.S.C. 2330).
(4) Lower saddle river, new jersey.--The study for flood
control, Lower Saddle River, New Jersey, authorized by section
401(a) of the Water Resources Development Act of 1986 (100
Stat. 4119), is modified to authorize the Secretary to review
the previously authorized study and take into consideration
changes in hydraulic and hydrologic circumstances and local
economic development since the study was initially authorized.
(5) Trinity river and tributaries, texas.--The study for
navigation, Liberty, Texas, authorized by section 1201(7) of
the Water Resources Development Act of 2018 (132 Stat. 3802),
is modified to authorize the Secretary to include in the study
flood risk management and ecosystem restoration.
SEC. 8204. CORPS OF ENGINEERS RESERVOIR SEDIMENTATION ASSESSMENT.
(a) In General.--The Secretary, at Federal expense, shall conduct
an assessment of sediment in reservoirs owned and operated by the
Secretary.
(b) Contents.--For each reservoir for which the Secretary carries
out an assessment under subsection (a), the Secretary shall include in
the assessment--
(1) an estimation of the volume of sediment in the
reservoir;
(2) an evaluation of the effects of such sediment on
reservoir storage capacity, including a quantification of lost
reservoir storage capacity due to the sediment and an
evaluation of how such lost reservoir storage capacity affects
the allocated storage space for authorized purposes within the
reservoir (including, where applicable, allocations for dead
storage, inactive storage, active conservation, joint use, and
flood surcharge);
(3) the identification of any additional effects of
sediment on the operations of the reservoir or the ability of
the reservoir to meet its authorized purposes;
(4) the identification of any potential effects of the
sediment over the 10-year period beginning on the date of
enactment of this Act on the areas immediately upstream and
downstream of the reservoir;
(5) the identification of any existing sediment monitoring
and management plans associated with the reservoir;
(6) for any reservoir that does not have a sediment
monitoring and management plan--
(A) an identification of whether a sediment
management plan for the reservoir is under development;
or
(B) an assessment of whether a sediment management
plan for the reservoir would be useful in the long-term
operation and maintenance of the reservoir for its
authorized purposes; and
(7) any opportunities for beneficial use of the sediment in
the vicinity of the reservoir.
(c) Report to Congress; Public Availability.--Not later than 2
years after the date of enactment of this Act, the Secretary shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate, and make publicly available (including on a
publicly available website), a report describing the results of the
assessment carried out under subsection (a).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000, to remain available
until expended.
SEC. 8205. REPORT AND RECOMMENDATIONS ON DREDGE CAPACITY.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate, and make
publicly available (including on a publicly available website), a
report that includes--
(1) a quantification of the expected hopper and pipeline
dredging needs of authorized water resources development
projects for the 10 years after the date of enactment of this
Act, including--
(A) the dredging needs to--
(i) construct deepenings or widenings at
authorized but not constructed projects and the
associated operations and maintenance needs of
such projects; and
(ii) operate and maintain existing Federal
navigation channels;
(B) the amount of dredging to be carried out by the
Corps of Engineers for other Federal agencies;
(C) the dredging needs associated with authorized
hurricane and storm damage risk reduction projects
(including periodic renourishment); and
(D) the dredging needs associated with projects for
the beneficial use of dredged material authorized by
section 1122 of the Water Resources Development Act of
2016 (33 U.S.C. 2326 note);
(2) an identification of the Federal appropriations for
dredging projects and expenditures from the Harbor Maintenance
Trust Fund for fiscal year 2015 and each fiscal year
thereafter;
(3) an identification of the dredging capacity of the
domestic hopper and pipeline dredge fleet, including publicly
owned and privately owned vessels, in each of the 10 years
preceding the date of enactment of this Act;
(4) an analysis of the ability of the domestic hopper and
pipeline dredge fleet to meet the expected dredging needs
identified under paragraph (1), including an analysis of such
ability in each of--
(A) the east coast region;
(B) the west coast region, including the States of
Alaska and Hawaii;
(C) the gulf coast region; and
(D) the Great Lakes region;
(5) an identification of the dredging capacity of domestic
hopper and pipeline dredge vessels that are under contract for
construction and intended to be used at water resources
development projects;
(6) an identification of any hopper or pipeline dredge
vessel expected to be retired or become unavailable during the
10-year period beginning on the date of enactment of this
section;
(7) an identification of the potential costs of using
either public or private dredging to carry out authorized water
resources development projects; and
(8) any recommendations of the Secretary for adding
additional domestic hopper and pipeline dredging capacity,
including adding public and private dredging vessels to the
domestic hopper and pipeline dredge fleet to efficiently
service water resources development projects.
(b) Opportunity for Participation.--In carrying out subsection (a),
the Secretary shall provide interested stakeholders, including
representatives from the commercial dredging industry, with an
opportunity to submit comments to the Secretary.
(c) Sense of Congress.--It is the sense of Congress that the Corps
of Engineers should add additional dredging capacity if the addition of
such capacity would--
(1) enable the Corps of Engineers to carry out water
resources development projects in an efficient and cost-
effective manner; and
(2) be in the best interests of the United States.
SEC. 8206. ASSESSMENT OF IMPACTS FROM CHANGING OPERATION AND
MAINTENANCE RESPONSIBILITIES.
(a) In General.--The Secretary shall carry out an assessment of the
consequences of amending section 101(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2211(b)) to authorize the operation
and maintenance of navigation projects for a harbor or inland harbor
constructed by the Secretary at 100-percent Federal cost to a depth of
55 feet.
(b) Contents.--In carrying out the assessment under subsection (a),
the Secretary shall--
(1) describe all existing Federal navigation projects that
are authorized or constructed to a depth of 55 feet or greater;
(2) describe any Federal navigation project that is likely
to seek authorization or modification to a depth of 55 feet or
greater during the 10-year period beginning on the date of
enactment of this section;
(3) estimate--
(A) the potential annual increase in Federal costs
that would result from authorizing operation and
maintenance of a navigation project to a depth of 55
feet at Federal expense; and
(B) the potential cumulative increase in such
Federal costs during the 10-year period beginning on
the date of enactment of this section; and
(4) assess the potential effect of authorizing operation
and maintenance of a navigation project to a depth of 55 feet
at Federal expense on other Federal navigation operation and
maintenance activities, including the potential impact on
activities at donor ports, energy transfer ports, emerging
harbor projects, and projects carried out in the Great Lakes
Navigation System, as such terms are defined in section
102(a)(2) of the Water Resources Development Act of 2020 (33
U.S.C. 2238 note).
(c) Report.--Not later than 18 months after the date of enactment
of this section, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate, and make
publicly available (including on a publicly available website), a
report describing the results of the assessment carried out under
subsection (a).
SEC. 8207. MAINTENANCE DREDGING DATA.
Section 1133(b)(3) of the Water Resources Development Act of 2016
(33 U.S.C. 2326f(b)(3)) is amended by inserting ``, including a
separate line item for all Federal costs associated with the disposal
of dredged material'' before the semicolon.
SEC. 8208. WESTERN INFRASTRUCTURE STUDY.
(a) Comprehensive Study.--The Secretary shall conduct a
comprehensive study to evaluate the effectiveness of carrying out
additional measures, including measures that use natural features or
nature-based features, at or upstream of covered reservoirs, for the
purposes of--
(1) sustaining operations in response to changing
hydrological and climatic conditions;
(2) mitigating the risk of drought or floods, including the
loss of storage capacity due to sediment accumulation;
(3) increasing water supply; or
(4) aquatic ecosystem restoration.
(b) Study Focus.--In conducting the study under subsection (a), the
Secretary shall include all covered reservoirs located in the South
Pacific Division of the Corps of Engineers.
(c) Consultation and Use of Existing Data.--
(1) Consultation.--In conducting the study under subsection
(a), the Secretary shall consult with applicable--
(A) Federal, State, and local agencies;
(B) Indian Tribes;
(C) non-Federal interests; and
(D) stakeholders, as determined appropriate by the
Secretary.
(2) Use of existing data and prior studies.--In conducting
the study under subsection (a), the Secretary shall, to the
maximum extent practicable and where appropriate--
(A) use existing data provided to the Secretary by
entities described in paragraph (1); and
(B) incorporate--
(i) relevant information from prior studies
and projects carried out by the Secretary; and
(ii) the relevant technical data and
scientific approaches with respect to changing
hydrological and climatic conditions.
(d) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that describes--
(1) the results of the study; and
(2) any recommendations for additional study in specific
geographic areas.
(e) Savings Provision.--Nothing in this section provides authority
to the Secretary to change the authorized purposes of any covered
reservoir.
(f) Definitions.--In this section:
(1) Covered reservoir.--The term ``covered reservoir''
means a reservoir owned and operated by the Secretary or for
which the Secretary has flood control responsibilities under
section 7 of the Act of December 22, 1944 (33 U.S.C. 709).
(2) Natural feature and nature-based feature.--The terms
``natural feature'' and ``nature-based feature'' have the
meanings given such terms in section 1184(a) of the Water
Resources Development Act of 2016 (33 U.S.C. 2289a(a)).
SEC. 8209. RECREATION AND ECONOMIC DEVELOPMENT AT CORPS FACILITIES IN
APPALACHIA.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall prepare and submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
plan to implement the recreational and economic development
opportunities identified by the Secretary in the report submitted under
section 206 of the Water Resources Development Act of 2020 (134 Stat.
2680) at Corps of Engineers facilities located within a distressed
county or an at-risk county (as described in subsection (a)(1) of such
section) in Appalachia.
(b) Considerations.--In accordance with existing guidance, in
preparing the plan under subsection (a), the Secretary shall consider
options for Federal funding, partnerships, and outgrants to Federal,
State, and local governments, nonprofit organizations, and commercial
businesses.
SEC. 8210. OUACHITA RIVER WATERSHED, ARKANSAS AND LOUISIANA.
The Secretary shall conduct a review of projects in the Ouachita
River watershed, Arkansas and Louisiana, under section 216 of the Flood
Control Act of 1970 (33 U.S.C. 549a).
SEC. 8211. REPORT ON SANTA BARBARA STREAMS, LOWER MISSION CREEK,
CALIFORNIA.
Not later than 1 year after the date of enactment of this section,
the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate, and make publicly available
(including on a publicly available website), a report that provides an
updated economic review of the remaining portions of the project for
flood damage reduction, Santa Barbara streams, Lower Mission Creek,
California, authorized by section 101(b) of the Water Resources
Development Act of 2000 (114 Stat. 2577), taking into consideration
work already completed by the non-Federal interest.
SEC. 8212. DISPOSITION STUDY ON SALINAS DAM AND RESERVOIR, CALIFORNIA.
In carrying out the disposition study for the project for Salinas
Dam (Santa Margarita Lake), California, pursuant to section 202(d) of
the Water Resources Development Act of 2020 (134 Stat. 2675), the
Secretary shall--
(1) ensure that the County of San Luis Obispo is provided
right of first refusal for any potential conveyance of the
project; and
(2) ensure that the study identifies and describes any
potential repairs or modifications to the project necessary to
meet Federal and State dam safety requirements prior to
transferring the project.
SEC. 8213. EXCESS LANDS REPORT FOR WHITTIER NARROWS DAM, CALIFORNIA.
(a) In General.--Not later than 1 year after the date of enactment
of this section, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
that identifies any real property associated with the Whittier Narrows
Dam element of the Los Angeles County Drainage Area project that the
Secretary determines--
(1) is not needed to carry out the authorized purposes of
the Whittier Narrows Dam element of such project; and
(2) could be transferred to the City of Pico Rivera,
California, for the replacement of recreational facilities
located in such city that were adversely impacted by dam safety
construction activities associated with the Whittier Narrows
Dam element of such project.
(b) Los Angeles County Drainage Area Project Defined.--In this
section, the term ``Los Angeles County Drainage Area project'' means
the project for flood control, Los Angeles County Drainage Area,
California, authorized by section 101(b) of the Water Resources
Development Act of 1990 (104 Stat. 4611; 130 Stat. 1690).
SEC. 8214. COMPREHENSIVE CENTRAL AND SOUTHERN FLORIDA STUDY.
(a) In General.--The Secretary is authorized to carry out a
feasibility study for resiliency and comprehensive improvements or
modifications to existing water resources development projects in the
central and southern Florida area, for the purposes of flood risk
management, water supply, ecosystem restoration (including preventing
saltwater intrusion), recreation, and related purposes.
(b) Requirements.--In carrying out the feasibility study under
subsection (a), the Secretary--
(1) is authorized to--
(A) review the report of the Chief of Engineers on
central and southern Florida, published as House
Document 643, 80th Congress, 2d Session, and other
related reports of the Secretary; and
(B) recommend cost-effective structural and
nonstructural projects for implementation that provide
a systemwide approach for the purposes described in
subsection (a); and
(2) shall ensure the study and any projects recommended
under paragraph (1)(B) will not interfere with the efforts
undertaken to carry out the Comprehensive Everglades
Restoration Plan pursuant to section 601 of the Water Resources
Development Act of 2000 (114 Stat. 2680; 132 Stat. 3786).
SEC. 8215. NORTHERN ESTUARIES ECOSYSTEM RESTORATION, FLORIDA.
(a) Definitions.--In this section:
(1) Central and southern florida project.--The term
``Central and Southern Florida Project'' has the meaning given
that term in section 601 of the Water Resources Development Act
of 2000.
(2) Northern estuaries.--The term ``northern estuaries''
means the Caloosahatchee Estuary, Charlotte Harbor, Indian
River Lagoon, Lake Worth Lagoon, and St. Lucie River Estuary.
(3) South florida ecosystem.--
(A) In general.--The term ``South Florida
ecosystem'' means the area consisting of the land and
water within the boundary of the South Florida Water
Management District in effect on July 1, 1999.
(B) Inclusions.--The term ``South Florida
ecosystem'' includes--
(i) the Everglades;
(ii) the Florida Keys;
(iii) the contiguous near-shore coastal
water of South Florida; and
(iv) Florida's Coral Reef.
(4) Study area.--The term ``study area'' means all lands
and waters within--
(A) the northern estuaries;
(B) the South Florida ecosystem; and
(C) the study area boundaries of the Indian River
Lagoon National Estuary Program and the Coastal and
Heartland Estuary Partnership, authorized pursuant to
section 320 of the Federal Water Pollution Control Act
(33 U.S.C. 1330).
(b) Proposed Comprehensive Plan.--
(1) Development.--The Secretary shall develop, in
cooperation with the non-Federal sponsors of the Central and
Southern Florida project and any relevant Federal, State, and
Tribal agencies, a proposed comprehensive plan for the purpose
of restoring, preserving, and protecting the northern
estuaries.
(2) Inclusions.--In carrying out paragraph (1), the
Secretary shall develop a proposed comprehensive plan that
provides for ecosystem restoration within the northern
estuaries, including the elimination of harmful discharges from
Lake Okeechobee.
(3) Submission.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to Congress
for approval--
(A) the proposed comprehensive plan developed under
this subsection; and
(B) recommendations for future feasibility studies
within the study area for the ecosystem restoration of
the northern estuaries.
(4) Interim reports.--Not later than 1 year after the date
of enactment of this Act, and annually thereafter until the
submission of the proposed comprehensive plan under paragraph
(3), the Secretary shall submit to Congress an interim report
on the development of the proposed comprehensive plan.
(5) Additional studies and analyses.--Notwithstanding the
submission of the proposed comprehensive plan under paragraph
(3), the Secretary shall continue to conduct such studies and
analyses after the date of such submission as are necessary for
the purpose of restoring, preserving, and protecting the
northern estuaries.
(c) Limitation.--Nothing in this section shall be construed to
require the alteration or amendment of the schedule for completion of
the Comprehensive Everglades Restoration Plan.
SEC. 8216. STUDY ON SHELLFISH HABITAT AND SEAGRASS, FLORIDA CENTRAL
GULF COAST.
(a) In General.--Not later than 24 months after the date of
enactment of this Act, the Secretary shall carry out a study, and
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report, on projects and activities carried out
through the Engineer Research and Development Center to restore
shellfish habitat and seagrass in coastal estuaries in the Florida
Central Gulf Coast.
(b) Requirements.--In conducting the study under subsection (a),
the Secretary shall--
(1) consult with independent expert scientists and other
regional stakeholders with relevant expertise and experience;
and
(2) coordinate with Federal, State, and local agencies
providing oversight for both short- and long-term monitoring of
the projects and activities described in subsection (a).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000, to remain available
until expended.
SEC. 8217. REPORT ON SOUTH FLORIDA ECOSYSTEM RESTORATION PLAN
IMPLEMENTATION.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that provides an
update on--
(1) Comprehensive Everglades Restoration Plan projects, as
authorized by or pursuant to section 601 of the Water Resources
Development Act of 2000 (114 Stat. 2680; 121 U.S.C. 1269; 132
U.S.C. 3786);
(2) the review of the Lake Okeechobee Regulation Schedule
pursuant to section 1106 of the Water Resources Development Act
of 2018 (132 Stat. 3773) and section 210 of the Water Resources
Development Act of 2020 (134 U.S.C. 2682); and
(3) any additional water resources development projects and
studies included in the South Florida Ecosystem Restoration
Plan Integrated Delivery Schedule prepared in accordance with
part 385 of title 33, Code of Federal Regulations.
(b) Contents.--The Secretary shall include in the report submitted
under subsection (a) the status of each authorized water resources
development project or study described in such subsection, including--
(1) an estimated implementation or completion date of the
project or study; and
(2) the estimated costs to complete implementation or
construction, as applicable, of the project or study.
SEC. 8218. GREAT LAKES RECREATIONAL BOATING.
Notwithstanding subsection (f) of section 455 of the Water
Resources Development Act of 1999 (42 U.S.C. 1962d-21), not later than
1 year after the date of enactment of this Act, the Secretary shall
prepare, at Federal expense, and submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report updating the
findings of the report on the economic benefits of recreational boating
in the Great Lakes basin prepared under subsection (c) of such section.
SEC. 8219. HYDRAULIC EVALUATION OF UPPER MISSISSIPPI RIVER AND ILLINOIS
RIVER.
(a) Study.--The Secretary, in coordination with relevant Federal
agencies, shall, at Federal expense, periodically carry out a study
to--
(1) evaluate the flow frequency probabilities of the Upper
Mississippi River and the Illinois River; and
(2) develop updated water surface profiles for such rivers.
(b) Area of Evaluation.--In carrying out subsection (a), the
Secretary shall conduct analysis along the mainstem of the Mississippi
River from upstream of the Minnesota River confluence near Anoka,
Minnesota, to just upstream of the Ohio River confluence near Cairo,
Illinois, and along the Illinois River from Dresden Island Lock and Dam
to the confluence with the Mississippi River, near Grafton, Illinois.
(c) Reports.--Not later than 5 years after the date of enactment of
this Act, and not less frequently than every 20 years thereafter, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report containing the
results of a study carried out under subsection (a).
(d) Public Availability.--Any information developed under
subsection (a) shall be made publicly available, including on a
publicly available website.
SEC. 8220. DISPOSITION STUDY ON HYDROPOWER IN THE WILLAMETTE VALLEY,
OREGON.
(a) Disposition Study.--
(1) In general.--The Secretary shall carry out a
disposition study to determine the Federal interest in, and
identify the effects of, deauthorizing hydropower as an
authorized purpose, in whole or in part, of the Willamette
Valley hydropower project.
(2) Contents.--In carrying out the disposition study under
paragraph (1), the Secretary shall review the effects of
deauthorizing hydropower on--
(A) Willamette Valley hydropower project
operations;
(B) other authorized purposes of such project;
(C) cost apportionments;
(D) dam safety;
(E) compliance with the requirements of the
Endangered Species Act (16 U.S.C. 1531 et seq.); and
(F) the operations of the remaining dams within the
Willamette Valley hydropower project.
(3) Recommendations.--If the Secretary, through the
disposition study authorized by paragraph (1), determines that
hydropower should be removed as an authorized purpose of any
part of the Willamette Valley hydropower project, the Secretary
shall also investigate and recommend any necessary structural
or operational changes at such project that are necessary to
achieve an appropriate balance among the remaining authorized
purposes of such project or changes to such purposes.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Secretary shall issue a report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate that
describes--
(1) the results of the disposition study on deauthorizing
hydropower as a purpose of the Willamette Valley hydropower
project; and
(2) any recommendations required under subsection (a)(3).
(c) Costs.--Until such time as the report required under subsection
(b) is issued, any new construction-related expenditures of the
Secretary at the Willamette Valley hydropower project that are assigned
to hydropower shall not be reimbursable.
(d) Definition.--In this section, the term ``Willamette Valley
hydropower project'' means the system of dams and reservoir projects
authorized to generate hydropower and the power features that operate
in conjunction with the main regulating dam facilities, including the
Big Cliff, Dexter, and Foster re-regulating dams in the Willamette
River Basin, Oregon, as authorized by section 4 of the Flood Control
Act of 1938 (chapter 795, 52 Stat. 1222; 62 Stat. 1178; 64 Stat. 177;
68 Stat. 1264; 74 Stat. 499; 100 Stat. 4144).
SEC. 8221. HOUSTON SHIP CHANNEL EXPANSION CHANNEL IMPROVEMENT PROJECT,
TEXAS.
The Secretary shall expedite the completion of a study under
section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a) for
modifications of the project for navigation, Houston Ship Channel
Expansion Channel Improvement Project, Harris, Chambers, and Galveston
Counties, Texas, authorized by section 401 of the Water Resources
Development Act of 2020 (134 Stat. 2734), to incorporate into the
project the construction of barge lanes immediately adjacent to either
side of the Houston Ship Channel from Bolivar Roads to Morgan's Point.
SEC. 8222. SABINE-NECHES WATERWAY NAVIGATION IMPROVEMENT PROJECT,
TEXAS.
The Secretary shall expedite the review and coordination of the
feasibility study for the project for navigation, Sabine-Neches
Waterway, Texas, under section 203(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2231(b)).
SEC. 8223. NORFOLK HARBOR AND CHANNELS, VIRGINIA.
Not later than December 31, 2023, the Secretary shall complete a
post-authorization change report for the Anchorage F modifications to
the project for navigation, Norfolk Harbor and Channels, Virginia,
authorized by section 201 of the Water Resources Development Act of
1986 (100 Stat. 4090; 132 Stat. 3840).
SEC. 8224. COASTAL VIRGINIA, VIRGINIA.
(a) In General.--In carrying out the feasibility study for the
project for flood risk management, ecosystem restoration, and
navigation, Coastal Virginia, authorized by section 1201(9) of the
Water Resources Development Act of 2018 (132 Stat. 3802), the Secretary
is authorized to enter into a written agreement with any Federal agency
that owns or operates property in the area of the project to accept and
expend funds from such Federal agency to include in the study an
analysis with respect to property owned or operated by such Federal
agency.
(b) Information.--The Secretary shall use any relevant information
obtained from a Federal agency described in subsection (a) to carry out
the feasibility study described in such subsection.
SEC. 8225. WEST VIRGINIA HYDROPOWER.
(a) In General.--For water resources development projects described
in subsection (b), the Secretary is authorized to evaluate Federal and
non-Federal modifications to such projects for the purposes of adding
capacity for hydropower generation or energy storage.
(b) Projects Described.--The projects referred to in subsection (a)
are the following:
(1) Sutton Dam, Braxton County, West Virginia, authorized
by section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat.
1586).
(2) Hildebrand Lock and Dam, Monongahela County, West
Virginia, authorized by section 101 of the River and Harbor Act
of 1950 (chapter 188, 64 Stat. 166).
(3) Bluestone Lake, Summers County, West Virginia,
authorized by section 5 of the Act of June 22, 1936 (chapter
688, 49 Stat. 1586).
(4) R.D. Bailey Dam, Wyoming County, West Virginia,
authorized by section 203 of the Flood Control Act of 1962 (76
Stat. 1188).
(5) Stonewall Jackson Dam, Lewis County, West Virginia,
authorized by section 203 of the Flood Control Act of 1966 (80
Stat. 1421).
(6) East Lynn Dam, Wayne County, West Virginia, authorized
by section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat.
1586).
(7) Burnsville Lake, Braxton County, West Virginia,
authorized by section 5 of the Act of June 22, 1936 (chapter
688, 49 Stat. 1586).
(c) Demonstration Projects.--In carrying out subsection (a), the
Secretary may carry out demonstration projects for purposes of testing
and evaluating technology for adding capacity for hydropower generation
or energy storage to a project described in subsection (b).
SEC. 8226. ELECTRONIC PREPARATION AND SUBMISSION OF APPLICATIONS.
Section 2040(f) of the Water Resources Development Act of 2007 (33
U.S.C. 2345(f)) is amended--
(1) in paragraph (1), by striking ``Water Resources
Development Act of 2016'' and inserting ``Water Resources
Development Act of 2022''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Update on electronic system implementation.--The
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
quarterly update describing the status of the implementation of
this section.''.
SEC. 8227. INVESTMENTS FOR RECREATION AREAS.
(a) Sense of Congress.--It is the sense of Congress that the Corps
of Engineers should use all available authorities to promote and
enhance development and recreational opportunities at lakes that are
part of authorized civil works projects under the administrative
jurisdiction of the Corps of Engineers.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on investments
needed to support recreational activities that are part of authorized
water resources development projects under the administrative
jurisdiction of the Corps of Engineers.
(c) Requirements.--The report under subsection (b) shall include--
(1) a list of deferred maintenance projects, including
maintenance projects relating to recreational facilities and
sites and associated access roads;
(2) a plan to fund the projects described in paragraph (1)
during the 5-year period beginning on the date of enactment of
this Act;
(3) a description of efforts made by the Corps of Engineers
to coordinate investments in recreational facilities and sites
and associated access roads with--
(A) State and local governments; or
(B) private entities; and
(4) an assessment of whether the modification of Federal
contracting requirements could accelerate the availability of
funds for the projects described in paragraph (1).
SEC. 8228. AUTOMATED FEE MACHINES.
For the purpose of mitigating adverse impacts to public access to
outdoor recreation, to the maximum extent practicable, the Secretary
shall consider alternatives to the use of automated fee machines for
the collection of fees for the use of developed recreation sites and
facilities in West Virginia.
SEC. 8229. REVIEW OF RECREATIONAL HAZARDS.
(a) In General.--The Secretary shall--
(1) carry out a review of potential threats to human life
and safety from use of covered sites; and
(2) install such technologies and other measures, including
sirens, strobe lights, and signage, that the Secretary, based
on the review carried out under paragraph (1), determines
necessary for alerting the public of hazardous water conditions
or to otherwise minimize or eliminate any identified threats to
human life and safety.
(b) Covered Sites Defined.--In this section, the term ``covered
sites'' means--
(1) designated recreational areas at the Buford Dam, Lake
Sidney Lanier, Georgia, authorized by section 1 of the Act of
July 24, 1946 (chapter 595, 60 Stat. 635);
(2) designated recreational areas at the banks of the
Mississippi River, Louisiana; and
(3) the project for navigation, Murderkill River, Delaware,
authorized by the first section of the Act of July 13, 1892
(chapter 158, 27 Stat. 98).
SEC. 8230. ASSESSMENT OF COASTAL FLOODING MITIGATION MODELING AND
TESTING CAPACITY.
(a) In General.--The Secretary, acting through the Director of the
Engineer Research and Development Center, shall carry out an assessment
of the current capacity of the Corps of Engineers to model coastal
flood mitigation systems and test the effectiveness of such systems in
preventing flood damage resulting from coastal storm surges.
(b) Considerations.--In carrying out the assessment under
subsection (a), the Secretary shall--
(1) identify the capacity of the Corps of Engineers to--
(A) carry out the testing of the performance and
reliability of coastal flood mitigation systems; or
(B) collaborate with private industries to carry
out such testing;
(2) identify any limitations or deficiencies at Corps of
Engineers facilities that are capable of testing the
performance and reliability of coastal flood mitigation
systems;
(3) assess any benefits that would result from addressing
the limitations or deficiencies identified under paragraph (2);
and
(4) provide recommendations for addressing such limitations
or deficiencies.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this section, the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate, and
make publicly available (including on a publicly available website), a
report describing the results of the assessment carried out under
subsection (a).
SEC. 8231. REPORT ON SOCIALLY AND ECONOMICALLY DISADVANTAGED SMALL
BUSINESS CONCERNS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate, and make
publicly available (including on a publicly available website), a
report that describes and documents the use of contracts and
subcontracts with Small Disadvantaged Businesses in carrying out the
water resources development authorities of the Secretary.
(b) Information.--The Secretary shall include in the report under
subsection (a) information on the distribution of funds to Small
Disadvantaged Businesses on a disaggregated basis.
(c) Definition.--In this section, the term ``Small Disadvantaged
Business'' has the meaning given that term in section 124.1001 of title
13, Code of Federal Regulations (or successor regulations).
SEC. 8232. REPORT ON SOLAR ENERGY OPPORTUNITIES.
(a) Assessment.--
(1) In general.--The Secretary shall conduct an assessment,
in collaboration with relevant Federal agencies and after
consultation with relevant non-Federal interests, of
opportunities to install and maintain photovoltaic solar panels
(including floating solar panels) at covered projects.
(2) Contents.--The assessment conducted under paragraph (1)
shall--
(A) include a description of the economic,
environmental, and technical viability of installing
and maintaining, or contracting with third parties to
install and maintain, photovoltaic solar panels at
covered projects;
(B) identify covered projects with a high potential
for the installation and maintenance of photovoltaic
solar panels and whether such installation and
maintenance would require additional authorization;
(C) account for potential impacts of photovoltaic
solar panels at covered projects and the authorized
purposes of such projects, including potential impacts
on flood risk reduction, navigation, recreation, water
supply, and fish and wildlife; and
(D) account for the availability of electric grid
infrastructure close to covered projects, including
underutilized transmission infrastructure.
(b) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to Congress, and make
publicly available (including on a publicly available website), a
report containing the results of the assessment conducted under
subsection (a).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $10,000,000 to carry out this section.
(d) Definition.--In this section, the term ``covered project''
means--
(1) any property under the control of the Corps of
Engineers; and
(2) any water resources development project constructed by
the Secretary or over which the Secretary has financial or
operational responsibility.
SEC. 8233. REPORT TO CONGRESS ON ECONOMIC VALUATION OF PRESERVATION OF
OPEN SPACE, RECREATIONAL AREAS, AND HABITAT ASSOCIATED
WITH PROJECT LANDS.
(a) In General.--The Secretary shall conduct a review of the
existing statutory, regulatory, and policy requirements related to the
determination of the economic value of lands that--
(1) may be provided by the non-Federal interest, as
necessary, for the construction of a project for flood risk
reduction or hurricane and storm risk reduction in accordance
with section 103(i) of the Water Resources Development Act of
1986 (33 U.S.C. 2213(i));
(2) are being maintained for open space, recreational
areas, or preservation of fish and wildlife habitat; and
(3) will continue to be so maintained as part of the
project.
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this section, the Secretary shall issue to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate a
report containing the results of the review conducted under subsection
(a), including--
(1) a summary of the existing statutory, regulatory, and
policy requirements described in such subsection;
(2) a description of the requirements and process the
Secretary uses to place an economic value on the lands
described in such subsection;
(3) an assessment of whether such requirements and process
affect the ability of a non-Federal interest to provide such
lands for the construction of a project described in such
subsection;
(4) an assessment of whether such requirements and process
directly or indirectly encourage the selection of developed
lands for the construction of a project, or have the potential
to affect the total cost of a project; and
(5) the identification of alternative measures for
determining the economic value of such lands that could provide
incentives for the preservation of open space, recreational
areas, and habitat in association with the construction of a
project.
SEC. 8234. REPORT ON CORROSION PREVENTION ACTIVITIES.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate, and make publicly available
(including on a publicly available website), a report that describes--
(1) the extent to which the Secretary has carried out
section 1033 of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 2350);
(2) the extent to which the Secretary has incorporated
corrosion prevention activities (as defined in such section) at
water resources development projects constructed or maintained
by the Secretary since the date of enactment of such section;
and
(3) in instances where the Secretary has not incorporated
corrosion prevention activities at such water resources
development projects since such date, an explanation of why
such corrosion prevention activities have not been
incorporated.
SEC. 8235. REPORT TO CONGRESS ON EASEMENTS RELATED TO WATER RESOURCES
DEVELOPMENT PROJECTS.
(a) In General.--The Secretary shall conduct a review of the
existing statutory, regulatory, and policy requirements and procedures
related to the use, in relation to the construction of a project for
flood risk management, hurricane and storm damage risk reduction, or
ecosystem restoration, of covered easements that may be provided to the
Secretary by non-Federal interests.
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
containing the results of the review conducted under subsection (a),
including--
(1) the findings of the Secretary relating to--
(A) the minimum rights in property that are
necessary to construct, operate, or maintain projects
for flood risk management, hurricane and storm damage
risk reduction, or ecosystem restoration;
(B) whether increased use of covered easements in
relation to such projects could promote greater
participation from cooperating landowners in addressing
local flooding or ecosystem restoration challenges; and
(C) whether such increased use could result in cost
savings in the implementation of the projects, without
any reduction in project benefits; and
(2) any recommendations of the Secretary relating to
whether existing requirements or procedures related to such use
of covered easements should be revised to reflect the results
of the review.
(c) Definition.--In this section, the term ``covered easement''
means an easement or other similar interest in real property that--
(1) reserves for the Secretary rights in the property that
are necessary to construct, operate, or maintain a water
resources development project;
(2) provides for appropriate public use of the property,
and retains the right of continued use of the property by the
owner of the property, to the extent such uses are consistent
with purposes of the covered easement;
(3) provides access to the property for oversight and
inspection by the Secretary;
(4) is permanently recorded; and
(5) is enforceable under Federal and State law.
SEC. 8236. GAO STUDIES.
(a) Study on Project Distribution.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate an analysis of--
(A) the geographic distribution of annual and
supplemental funding for water resources development
projects carried out by the Secretary over the
immediately preceding 5 fiscal years; and
(B) the factors contributing to such distribution.
(2) Report.--Upon completion of the analysis required under
paragraph (1), the Comptroller General shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of such analysis.
(b) Assessment of Concessionaire Practices.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate an assessment of the concessionaire lease
practices of the Corps of Engineers.
(2) Scope.--In conducting the assessment under paragraph
(1), the Comptroller General shall assess--
(A) the extent to which the formula of the Corps of
Engineers for calculating concessionaire rental rates
allows concessionaires to obtain a reasonable return on
investment, taking into account operating margins for
sales of food and fuel; and
(B) the process and formula for assessing
administrative fees for concessionaire leases that
addresses--
(i) the statutory authority for such fees;
and
(ii) the extent to which the process and
formula for assessing such fees are transparent
and consistent across districts of the Corps of
Engineers.
(3) Report.--Upon completion of the assessment required
under paragraph (1), the Comptroller General shall submit to
the Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House
of Representatives a report on the findings of such assessment.
(c) Audit of Projects Over Budget or Behind Schedule.--
(1) List required.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall provide to the
Comptroller General of the United States a list of each covered
ongoing water resources development project.
(2) Review.--Not later than 1 year after receiving the list
under paragraph (1), the Comptroller General shall initiate a
review of the factors and conditions resulting in the estimated
project cost or completion date exceedances for each covered
ongoing water resources development project.
(3) Report.--Upon completion of the review conducted under
paragraph (2), the Comptroller General shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of such review.
(4) Definition of covered ongoing water resources
development project.--In this subsection, the term ``covered
ongoing water resources development project'' means a water
resources development project being carried out by the
Secretary for which, as of the date of enactment of this Act--
(A) the estimated total project cost of the project
exceeds the authorized total project cost of the
project by not less than $50,000,000; or
(B) the estimated completion date of the project
exceeds the original estimated completion date of the
project by not less than 5 years.
(d) Studies on Mitigation.--
(1) Study on mitigation for water resources development
projects.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General
of the United States shall initiate a review of
projects and activities to mitigate fish and wildlife
losses resulting from the construction, or operation
and maintenance, of an authorized water resources
development project.
(B) Requirements.--In conducting the review under
subparagraph (A), the Comptroller General shall--
(i) assess the extent to which--
(I) districts of the Corps of
Engineers consistently implement the
final rule of the Department of Defense
and the Environmental Protection Agency
titled ``Compensatory Mitigation for
Losses of Aquatic Resources'' and
issued on April 10, 2008 (73 Fed. Reg.
19594);
(II) mitigation projects and
activities (including the acquisition
of lands or interests in lands) restore
the natural hydrologic conditions,
restore native vegetation, and
otherwise support native fish and
wildlife species, as required under
section 906 of the Water Resources
Development Act of 1986 (33 U.S.C.
2283);
(III) mitigation projects or
activities (including the acquisition
of lands or interests in lands) are
undertaken before, or concurrent with,
the construction of the authorized
water resources development project for
which such mitigation is required;
(IV) mitigation projects or
activities (including the acquisition
of lands or interests in lands) are
completed;
(V) mitigation projects or
activities are undertaken to mitigate
fish and wildlife losses resulting from
the operation and maintenance of an
authorized water resources development
project, including based on periodic
review and updating of such projects or
activities;
(VI) the Secretary includes
mitigation plans, as required by
section 906(d) of the Water Resources
Development Act of 1986 (33 U.S. 2283),
in any project study (as defined in
section 2034(l) of the Water Resources
Development Act of 2007 (33 U.S.C.
2343));
(VII) processing and approval of
mitigation projects and activities
(including the acquisition of lands or
interests in lands) affects the
timeline of completion of authorized
water resources development projects;
and
(VIII) mitigation projects and
activities (including the acquisition
of lands or interests in lands) affect
the total cost of authorized water
resources development projects;
(ii) evaluate the performance of each of
the mitigation mechanisms included in the final
rule described in clause (i)(I);
(iii) evaluate the efficacy of the use of
alternative methods, such as a performance-
based contract, to satisfy mitigation
requirements of authorized water resources
development projects;
(iv) review any reports submitted to
Congress in accordance with section 2036(b) of
the Water Resources Development Act of 2007
(121 Stat. 1094) on the status of construction
of authorized water resources development
projects that require mitigation; and
(v) consult with independent scientists,
economists, and other stakeholders with
expertise and experience to conduct such
review.
(C) Definition of performance-based contract.--In
this paragraph, the term ``performance-based contract''
means a procurement mechanism by which the Corps of
Engineers contracts with a public or private non-
Federal entity for a specific mitigation outcome
requirement, with payment to the entity linked to
delivery of verifiable, sustainable, and functionally
equivalent mitigation performance.
(D) Report.--Upon completion of the review
conducted under this paragraph, the Comptroller General
shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a
report on the findings of such review.
(2) Study on compensatory mitigation.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General
of the United States shall initiate a review of the
performance metrics for, compliance with, and adequacy
of potential mechanisms for fulfilling compensatory
mitigation obligations pursuant to the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.).
(B) Requirements.--The Comptroller General shall
include in the review conducted under subparagraph (A)
an analysis of--
(i) the primary mechanisms for fulfilling
compensatory mitigation obligations,
including--
(I) mitigation banks;
(II) in-lieu fee programs; and
(III) direct mitigation by
permittees;
(ii) the timeliness of initiation and
successful completion of compensatory
mitigation activities in relation to when a
permitted activity occurs;
(iii) the timeliness of processing and
approval of compensatory mitigation activities;
(iv) the costs of carrying out compensatory
mitigation activities borne by the Federal
Government, a permittee, or any other involved
entity;
(v) Federal and State agency oversight and
short- and long-term monitoring of compensatory
mitigation activities;
(vi) whether a compensatory mitigation
activity successfully replaces any lost or
adversely affected habitat with a habitat
having similar functions of equal or greater
ecological value; and
(vii) the continued, long-term operation of
the compensatory mitigation activities over a
5-, 10-, 20-, and 50-year period, including
ecological performance and the functioning of
long-term funding mechanisms.
(C) Update.--In conjunction with the review
required under subparagraph (A), the Comptroller
General shall review and update the findings and
recommendations contained in the report of the
Comptroller General titled ``Corps of Engineers Does
Not Have an Effective Oversight Approach to Ensure That
Compensatory Mitigation Is Occurring'' and dated
September 2005 (GAO-05-898), including a review of
Federal agency compliance with such recommendations.
(D) Report.--Upon completion of the review
conducted under required subparagraph (A), the
Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a report on the findings of
such review.
(e) Study on Waterborne Commerce Statistics.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate a review of the Waterborne Commerce
Statistics Center of the Corps of Engineers that includes--
(A) an assessment of ways in which the Waterborne
Commerce Statistics Center can improve the collection
of information relating to all commercial maritime
activity within the jurisdiction of a port, including
the collection and reporting of records of fishery
landings and aquaculture harvest; and
(B) recommendations to improve the collection of
such information from non-Federal entities, taking into
consideration--
(i) the cost, efficiency, and accuracy of
collecting such information; and
(ii) the protection of proprietary
information.
(2) Report.--Upon completion of the review conducted out
under paragraph (1), the Comptroller General shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate a report containing the results of such
review.
(f) Study on the Integration of Information Into the National Levee
Database.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate a review of the sharing of levee
information, and the integration of such information into the
National Levee Database, by the Corps of Engineers and the
Federal Emergency Management Agency in accordance with section
9004 of the Water Resources Development Act of 2007 (33 U.S.C.
3303).
(2) Requirements.--In conducting the review under paragraph
(1), the Comptroller General shall--
(A) investigate the information-sharing protocols
and procedures between the Corps of Engineers and the
Federal Emergency Management Agency regarding the
construction of new Federal flood protection projects;
(B) analyze the timeliness of the integration of
information relating to newly constructed Federal flood
protection projects into the National Levee Database;
(C) identify any delays between the construction of
a new Federal flood protection project and when a
policyholder of the National Flood Insurance Program
would realize a premium discount due to the
construction of a new Federal flood protection project;
and
(D) determine whether such information-sharing
protocols are adversely impacting the ability of the
Secretary to perform accurate benefit-cost analyses for
future flood risk management activities.
(3) Report.--Upon completion of the review conducted under
paragraph (1), the Comptroller General shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report containing the results of such
review.
(g) Audit of Joint Costs for Operation and Maintenance.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate a review of the practices of the Corps of
Engineers with respect to the determination of joint costs
associated with operations and maintenance of reservoirs owned
and operated by the Secretary.
(2) Report.--Upon completion of the review conducted under
paragraph (1), the Comptroller General shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of such review and any
recommendations that result from such review.
SEC. 8237. ASSESSMENT OF FOREST, RANGELAND, AND WATERSHED RESTORATION
SERVICES ON LANDS OWNED BY THE CORPS OF ENGINEERS.
(a) In General.--The Secretary shall carry out an assessment of
forest, rangeland, and watershed restoration services on lands owned by
the Corps of Engineers, including an assessment of whether the
provision of such services on such lands by non-Federal interests
through good neighbor agreements would be in the best interests of the
United States.
(b) Considerations.--In carrying out the assessment under
subsection (a), the Secretary shall--
(1) describe the forest, rangeland, and watershed
restoration services provided by the Secretary on lands owned
by the Corps of Engineers;
(2) assess whether such services, including efforts to
reduce hazardous fuels and to restore and improve forest,
rangeland, and watershed health (including the health of fish
and wildlife habitats) would be enhanced by authorizing the
Secretary to enter into a good neighbor agreement with a non-
Federal interest;
(3) describe the process for ensuring that Federal
requirements for land management plans for forests on lands
owned by the Corps of Engineers remain in effect under good
neighbor agreements;
(4) assess whether Congress should authorize the Secretary
to enter into a good neighbor agreement with a non-Federal
interest to provide forest, rangeland, and watershed
restoration services on lands owned by the Corps of Engineers,
including by assessing any interest expressed by a non-Federal
interest to enter into such an agreement;
(5) consider whether implementation of a good neighbor
agreement on lands owned by the Corps of Engineers would
benefit State and local governments and Indian Tribes that are
located in the same geographic area as such lands; and
(6) consult with the heads of other Federal agencies
authorized to enter into good neighbor agreements with non-
Federal interests.
(c) Report to Congress.--Not later than 18 months after the date of
enactment of this section, the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate, and
make publicly available (including on a publicly available website), a
report describing the results of the assessment carried out under
subsection (a).
(d) Definitions.--In this section:
(1) Forest, rangeland, and watershed restoration
services.--The term ``forest, rangeland, and watershed
restoration services'' has the meaning given such term in
section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a).
(2) Good neighbor agreement.--The term ``good neighbor
agreement'' means a cooperative agreement or contract
(including a sole source contract) entered into between the
Secretary and a non-Federal interest to carry out forest,
rangeland, and watershed restoration services.
(3) Lands owned by the corps of engineers.--The term
``lands owned by the Corps of Engineers'' means any land owned
by the Corps of Engineers, but does not include--
(A) a component of the National Wilderness
Preservation System;
(B) land on which the removal of vegetation is
prohibited or restricted by law or Presidential
proclamation;
(C) a wilderness study area; or
(D) any other land with respect to which the
Secretary determines that forest, rangeland, and
watershed restoration services should remain the
responsibility of the Secretary.
Subtitle C--Deauthorizations and Modifications
SEC. 8301. DEAUTHORIZATION OF INACTIVE PROJECTS.
(a) Purposes; Proposed Deauthorization List; Submission of Final
List.--Section 301 of the Water Resources Development Act of 2020 (33
U.S.C. 579d-2) is amended by striking subsections (a) through (c) and
inserting the following:
``(a) Purposes.--The purposes of this section are--
``(1) to identify water resources development projects, and
separable elements of projects, authorized by Congress that are
no longer viable for construction due to--
``(A) a lack of local support;
``(B) a lack of available Federal or non-Federal
resources; or
``(C) an authorizing purpose that is no longer
relevant or feasible;
``(2) to create an expedited and definitive process for
Congress to deauthorize water resources development projects
and separable elements that are no longer viable for
construction; and
``(3) to allow the continued authorization of water
resources development projects and separable elements that are
viable for construction.
``(b) Proposed Deauthorization List.--
``(1) Preliminary list of projects.--
``(A) In general.--The Secretary shall develop a
preliminary list of each water resources development
project, or separable element of a project, authorized
for construction before November 8, 2007, for which--
``(i) planning, design, or construction was
not initiated before the date of enactment of
this Act; or
``(ii) planning, design, or construction
was initiated before the date of enactment of
this Act, but for which no funds, Federal or
non-Federal, were obligated for planning,
design, or construction of the project or
separable element of the project during the
current fiscal year or any of the 10 preceding
fiscal years.
``(B) Use of comprehensive construction backlog and
operation and maintenance report.--The Secretary may
develop the preliminary list from the comprehensive
construction backlog and operation and maintenance
reports developed pursuant to section 1001(b)(2) of the
Water Resources Development Act of 1986 (33 U.S.C.
579a).
``(2) Preparation of proposed deauthorization list.--
``(A) Proposed list and estimated deauthorization
amount.--The Secretary shall--
``(i) prepare a proposed list of projects
for deauthorization comprised of a subset of
projects and separable elements identified on
the preliminary list developed under paragraph
(1) that are projects or separable elements
described in subsection (a)(1), as determined
by the Secretary; and
``(ii) include with such proposed list an
estimate, in the aggregate, of the Federal cost
to complete such projects.
``(B) Determination of federal cost to complete.--
For purposes of subparagraph (A), the Federal cost to
complete shall take into account any allowances
authorized by section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280), as applied to
the most recent project schedule and cost estimate.
``(3) Public comment and consultation.--
``(A) In general.--The Secretary shall solicit
comments from the public and the Governors of each
applicable State on the proposed deauthorization list
prepared under paragraph (2)(A).
``(B) Comment period.--The public comment period
shall be 90 days.
``(4) Preparation of final deauthorization list.--
``(A) In general.--The Secretary shall prepare a
final deauthorization list by--
``(i) considering any comments received
under paragraph (3); and
``(ii) revising the proposed
deauthorization list prepared under paragraph
(2)(A) as the Secretary determines necessary to
respond to such comments.
``(B) Appendix.--The Secretary shall include as
part of the final deauthorization list an appendix
that--
``(i) identifies each project or separable
element on the proposed deauthorization list
that is not included on the final
deauthorization list; and
``(ii) describes the reasons why the
project or separable element is not included on
the final deauthorization list.
``(c) Submission of Final Deauthorization List to Congress for
Congressional Review; Publication.--
``(1) In general.--Not later than 90 days after the date of
the close of the comment period under subsection (b)(3), the
Secretary shall--
``(A) submit the final deauthorization list and
appendix prepared under subsection (b)(4) to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on
Environment and Public Works of the Senate; and
``(B) publish the final deauthorization list and
appendix in the Federal Register.
``(2) Exclusions.--The Secretary shall not include in the
final deauthorization list submitted under paragraph (1) any
project or separable element with respect to which Federal
funds for planning, design, or construction are obligated after
the development of the preliminary list under subsection
(b)(1)(A) but prior to the submission of the final
deauthorization list under paragraph (1)(A) of this
subsection.''.
(b) Repeal.--Section 301(d) of the Water Resources Development Act
of 2020 (33 U.S.C. 579d-2(d)) is repealed.
SEC. 8302. WATERSHED AND RIVER BASIN ASSESSMENTS.
Section 729 of the Water Resources Development Act of 1986 (33
U.S.C. 2267a) is amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) in paragraph (6), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(7) sea level rise;
``(8) coastal storm damage reduction; and
``(9) streambank and shoreline protection.''; and
(2) in subsection (d)--
(A) in paragraph (9), by striking ``and'' at the
end;
(B) in paragraph (10), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(11) New York-New Jersey Watershed Basin, which
encompasses all the watersheds that flow into the New York-New
Jersey Harbor and their associated estuaries, including the
Hudson, Mohawk, Raritan, Passaic, Hackensack, and Bronx River
Watersheds and the Hudson River Estuary;
``(12) Mississippi River Watershed; and
``(13) Chattahoochee River Basin, Alabama, Florida, and
Georgia.''.
SEC. 8303. FORECAST-INFORMED RESERVOIR OPERATIONS.
(a) Additional Utilization of Forecast-Informed Reservoir
Operations.--Section 1222(c) of the Water Resources Development Act of
2018 (132 Stat. 3811; 134 Stat. 2661) is amended--
(1) in paragraph (1), by striking ``the Upper Missouri
River Basin and the North Platte River Basin'' and inserting
``the Upper Missouri River Basin, the North Platte River Basin,
and the Apalachicola Chattahoochee Flint River Basin''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``the Upper
Missouri River Basin or the North Platte River Basin''
and inserting ``the Upper Missouri River Basin, the
North Platte River Basin, or the Apalachicola
Chattahoochee Flint River Basin''; and
(B) in subparagraph (B), by striking ``the Upper
Missouri River Basin or the North Platte River Basin''
and inserting ``the Upper Missouri River Basin, the
North Platte River Basin, or the Apalachicola
Chattahoochee Flint River Basin''.
(b) Completion of Reports.--The Secretary shall expedite completion
of the reports authorized by section 1222 of the Water Resources
Development Act of 2018 (132 Stat. 3811; 134 Stat. 2661).
(c) Forecast-Informed Reservoir Operations.--
(1) In general.--The Secretary is authorized to carry out a
research study pilot program at 1 or more dams owned and
operated by the Secretary in the North Atlantic Division of the
Corps of Engineers to assess the viability of forecast-informed
reservoir operations in the eastern United States.
(2) Report.--Not later than 1 year after completion of the
research study pilot program under paragraph (1), the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report on the results of the research study pilot program.
SEC. 8304. LAKES PROGRAM.
Section 602(a) of the Water Resources Development Act of 1986 (100
Stat. 4148; 104 Stat. 4646; 110 Stat. 3758; 113 Stat. 295; 121 Stat.
1076; 134 Stat. 2703) is amended--
(1) in paragraph (29), by striking ``and'' at the end;
(2) in paragraph (30), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(31) Salisbury Pond, Worcester, Massachusetts;
``(32) Baisley Pond, New York;
``(33) Legacy Park, Decatur, Georgia; and
``(34) White Rock Lake, Dallas, Texas.''.
SEC. 8305. INVASIVE SPECIES.
(a) Aquatic Invasive Species Research.--Section 1108(a) of the
Water Resources Development Act of 2018 (33 U.S.C. 2263a(a)) is amended
by inserting ``, hydrilla'' after ``elodea''.
(b) Invasive Species Management.--Section 104 of the River and
Harbor Act of 1958 (33 U.S.C. 610) is amended--
(1) in subsection (b)(2)(A)(ii)--
(A) by striking ``$50,000,000'' and inserting
``$75,000,000''; and
(B) by striking ``2024'' and inserting ``2028'';
(2) in subsection (f)(4) by striking ``2024'' and inserting
``2028''; and
(3) in subsection (g)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``water quantity or
water quality'' and inserting ``water
quantity, water quality, or
ecosystems''; and
(II) by inserting ``the Lake Erie
Basin, the Ohio River Basin,'' after
``the Upper Snake River Basin,''; and
(ii) in subparagraph (B), by inserting ``,
hydrilla (Hydrilla verticillata),'' after
``(Elaeagnus angustifolia)''; and
(B) in paragraph (3)(D), by striking ``2024'' and
inserting ``2028''.
(c) Harmful Algal Bloom Demonstration Program.--Section 128(c) of
the Water Resources Development Act of 2020 (33 U.S.C. 610 note) is
amended to read as follows:
``(c) Focus Areas.--In carrying out the demonstration program under
subsection (a), the Secretary shall undertake program activities
related to harmful algal blooms in--
``(1) the Great Lakes;
``(2) the tidal and inland waters of the State of New
Jersey, including Lake Hopatcong, New Jersey;
``(3) the coastal and tidal waters of the State of
Louisiana;
``(4) the waterways of the counties that comprise the
Sacramento-San Joaquin Delta, California;
``(5) the Allegheny Reservoir Watershed, New York;
``(6) Lake Okeechobee, Florida;
``(7) the Caloosahatchee and St. Lucie Rivers, Florida;
``(8) Lake Sidney Lanier, Georgia;
``(9) Rio Grande River Basin, Colorado, New Mexico, and
Texas;
``(10) lakes and reservoirs in the State of Ohio;
``(11) the Upper Mississippi River and tributaries;
``(12) Detroit Lake, Oregon;
``(13) Ten Mile Lake, Oregon; and
``(14) the coastal waters of the United States Virgin
Islands.''.
(d) Update on Invasive Species Policy Guidance.--Section 501(b) of
the Water Resources Development Act of 2020 (33 U.S.C. 610 note) is
amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the Sacramento-San Joaquin Delta, California.''.
SEC. 8306. MAINTENANCE OF NAVIGATION CHANNELS.
Section 509(a) of the Water Resources Development Act of 1996 (110
Stat. 3759; 113 Stat. 339; 114 Stat. 2679) is amended by adding at the
end the following:
``(18) Second harbor at New Madrid County Harbor, Missouri.
``(19) Yabucoa Harbor, Puerto Rico.
``(20) Everett Harbor and Snohomish River, Boat Launch
Connector Channel, Washington.
``(21) Port Townsend, Boat Haven Marina Breakwater,
Washington.
``(22) Segment 1B of Houston Ship Channel, Texas.''.
SEC. 8307. PROJECT REAUTHORIZATIONS.
(a) In General.--
(1) New york harbor, new york and new jersey.--The New York
Harbor collection and removal of drift project authorized by
section 2 of the Act of March 4, 1915 (chapter 142, 38 Stat.
1051; 88 Stat. 39; 104 Stat. 4615), and deauthorized pursuant
to section 6001 of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1345), is authorized to be carried out
by the Secretary.
(2) Rio nigua, salinas, puerto rico.--The project for flood
control, Rio Nigua, Salinas, Puerto Rico, authorized by section
101 of the Water Resources Development Act of 1999 (113 Stat.
278), and deauthorized pursuant to section 6001 of the Water
Resources Reform and Development Act of 2014 (128 Stat. 1345),
is authorized to be carried out by the Secretary.
(3) Rio grande de loiza, puerto rico.--The project for
flood control, Rio Grande De Loiza, Puerto Rico, authorized by
section 101 of the Water Resources Development Act of 1992 (106
Stat. 4803), and deauthorized pursuant to section 6001 of the
Water Resources Reform and Development Act of 2014 (128 Stat.
1345), is authorized to be carried out by the Secretary.
(b) Feasibility Studies.--The Secretary shall carry out, and submit
to the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the results of, a feasibility study for
each of the projects described in subsection (a).
SEC. 8308. SPECIAL RULE FOR CERTAIN BEACH NOURISHMENT PROJECTS.
(a) In General.--In the case of a water resources development
project described in subsection (b), the Secretary shall--
(1) fund, at Federal expense, any incremental increase in
cost to the project that results from a legal requirement to
use a borrow source determined by the Secretary to be other
than the least-cost option; and
(2) exclude the cost described in paragraph (1) from the
cost-benefit analysis for the project.
(b) Water Resources Development Project Described.--A water
resources development project referred to in subsection (a) is any of
the following:
(1) The Townsends Inlet to Cape May Inlet, New Jersey,
hurricane storm damage reduction, shore protection, and
ecosystem restoration project, authorized by section 101(a)(26)
of the Water Resources Development Act of 1999 (113 Stat. 278).
(2) The Folly Beach, South Carolina, shoreline protection
project, authorized by section 501(a) of the Water Resources
Development Act of 1986 (100 Stat. 4136; 105 Stat. 520).
(3) The Carolina Beach and Vicinity, North Carolina,
coastal storm risk management project, authorized by section
203 of the Flood Control Act of 1962 (76 Stat. 1182; 134 Stat.
2741).
(4) The Wrightsville Beach, North Carolina, coastal storm
risk management project, authorized by section 203 of the Flood
Control Act of 1962 (76 Stat. 1182; 134 Stat. 2741).
(c) Savings Provision.--Nothing in this section limits the
eligibility for, or availability of, Federal expenditures or financial
assistance for any water resources development project, including any
beach nourishment or renourishment project, under any other provision
of Federal law.
SEC. 8309. COLUMBIA RIVER BASIN.
(a) Study of Flood Risk Management Activities.--
(1) In general.--Using funds made available to carry out
this section, the Secretary is authorized, at Federal expense,
to carry out a study to determine the feasibility of a project
for flood risk management and related purposes in the Columbia
River Basin and to report to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate with
recommendations thereon, including recommendations for a
project to potentially reduce the reliance on Canada for flood
risk management in the basin.
(2) Coordination.--The Secretary shall carry out the
activities described in this subsection in coordination with
other Federal and State agencies and Indian Tribes.
(b) Funds for Columbia River Treaty Obligations.--
(1) In general.--The Secretary is authorized to expend
funds appropriated for the purpose of satisfying United States
obligations under the Columbia River Treaty to compensate
Canada for operating Canadian storage on behalf of the United
States under such treaty.
(2) Notification.--If the U.S. entity calls upon Canada to
operate Canadian reservoir storage for flood risk management on
behalf of the United States, which operation may incur an
obligation to compensate Canada under the Columbia River
Treaty--
(A) the Secretary shall submit to the Committees on
Transportation and Infrastructure and Appropriations of
the House of Representatives and the Committees on
Environment and Public Works and Appropriations of the
Senate, by not later than 30 days after the initiation
of the call, a written notice of the action and a
justification, including a description of the
circumstances necessitating the call;
(B) upon a determination by the United States of
the amount of compensation that shall be paid to
Canada, the Secretary shall submit to the Committees on
Transportation and Infrastructure and Appropriations of
the House of Representatives and the Committees on
Environment and Public Works and Appropriations of the
Senate a written notice specifying such amount and an
explanation of how such amount was derived, which
notification shall not delay or impede the flood risk
management mission of the U.S. entity; and
(C) the Secretary shall make no payment to Canada
for the call under the Columbia River Treaty until such
time as funds appropriated for the purpose of
compensating Canada under such treaty are available.
(3) Definitions.--In this section:
(A) Columbia river basin.--The term ``Columbia
River Basin'' means the entire United States portion of
the Columbia River watershed.
(B) Columbia river treaty.--The term ``Columbia
River Treaty'' means the treaty relating to cooperative
development of the water resources of the Columbia
River Basin, signed at Washington January 17, 1961, and
entered into force September 16, 1964.
(C) U.S. entity.--The term ``U.S. entity'' means
the entity designated by the United States under
Article XIV of the Columbia River Treaty.
SEC. 8310. EVALUATION OF HYDROLOGIC CHANGES IN SOURIS RIVER BASIN.
The Secretary is authorized to evaluate hydrologic changes
affecting the agreement entitled ``Agreement Between the Government of
Canada and the Government of the United States of America for Water
Supply and Flood Control in the Souris River Basin'', signed and
entered into force on October 26, 1989.
SEC. 8311. ACEQUIAS IRRIGATION SYSTEMS.
Section 1113 of the Water Resources Development Act of 1986 (100
Stat. 4232; 110 Stat. 3719) is amended--
(1) in subsection (b)--
(A) by striking ``(b) Subject to section 903(a) of
this Act, the Secretary is authorized and directed to
undertake'' and inserting the following:
``(b) Authorization.--The Secretary shall carry out''; and
(B) by striking ``canals'' and all that follows
through ``100 percent.'' and inserting the following:
``channels attendant to the operations of the community
ditch and Acequia systems in New Mexico that--
``(1) are declared to be a political subdivision of the
State; or
``(2) belong to an Indian Tribe (as defined in section 4 of
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)).'';
(2) by redesignating subsection (c) as subsection (f);
(3) by inserting after subsection (b) the following:
``(c) Inclusions.--The measures described in subsection (b) shall,
to the maximum extent practicable--
``(1) ensure greater resiliency of diversion structures,
including to flow variations, prolonged drought conditions,
invasive plant species, and threats from changing hydrological
and climatic conditions; or
``(2) support research, development, and training for
innovative management solutions, including those for
controlling invasive aquatic plants that affect acequias.
``(d) Cost Sharing.--The non-Federal share of the cost of carrying
out the measures described in subsection (b), including study costs,
shall be 25 percent, except that in the case of a measure benefitting
an economically disadvantaged community (as defined by the Secretary
under section 160 of the Water Resources Development Act of 2020 (33
U.S.C. 2201 note)), including economically disadvantaged communities
located in urban and rural areas, the Federal share of the cost of
carrying out such measure shall be 90 percent.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the measures described in subsection (b)
$80,000,000.''; and
(4) in subsection (f) (as so redesignated)--
(A) in the first sentence--
(i) by striking ``(f) The Secretary is
further authorized and directed to'' and
inserting the following:
``(f) Public Entity Status.--
``(1) In general.--The Secretary shall''; and
(ii) by inserting ``or belong to an Indian
Tribe within the State of New Mexico'' after
``that State''; and
(B) in the second sentence, by striking ``This
public entity status will allow the officials of these
Acequia systems'' and inserting the following:
``(2) Effect.--The public entity status provided under
paragraph (1) shall allow the officials of the Acequia systems
described in such paragraph''.
SEC. 8312. PORT OF NOME, ALASKA.
(a) In General.--The Secretary shall carry out the project for
navigation, Port of Nome, Alaska, authorized by section 401(1) of the
Water Resources Development Act of 2020 (134 Stat. 2733).
(b) Cost Share.--
(1) In general.--The non-Federal interest for the project
described in subsection (a) shall pay 10 percent of the costs
associated with the general navigation features of the project
during the period of construction.
(2) Exception.--Section 101(a)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 2211(a)(2)) shall not apply
to the project described in subsection (a).
SEC. 8313. ST. GEORGE, ALASKA.
Notwithstanding the terms of the local cooperation agreement
between the Department of the Army and the City of St. George, Alaska,
dated December 23, 1988, the Secretary shall waive any and all payments
due and owing to the United States by the City of St. George on or
after the date of enactment this Act resulting from the judgment filed
on November 8, 1993, in the United States Court of Federal Claims in
J.E. McAmis, Inc. v. United States, 90-315C, 91-1194C, and 91-1195C.
SEC. 8314. UNALASKA (DUTCH HARBOR) CHANNELS, ALASKA.
Section 401(1) of the Water Resources Development Act of 2020 (134
Stat. 2734) is amended, in row 3 (relating to the project for
navigation, Unalaska (Dutch Harbor) Channels, Alaska), by striking
``February 7, 2020'' and inserting ``October 2, 2020''.
SEC. 8315. STORM DAMAGE PREVENTION AND REDUCTION, COASTAL EROSION, AND
ICE AND GLACIAL DAMAGE, ALASKA.
(a) In General.--The Secretary shall establish a program to carry
out structural and nonstructural projects for storm damage prevention
and reduction, coastal erosion, and ice and glacial damage in the State
of Alaska, including--
(1) relocation of affected communities; and
(2) construction of replacement facilities.
(b) Cost Share.--
(1) In general.--Except as provided in paragraph (2), the
non-Federal share of the cost of a project carried out under
this section shall be in accordance with sections 103 and 105
of the Water Resources Development Act of 1986 (33 U.S.C. 2213,
2215).
(2) Exception.--In the case of a project benefitting an
economically disadvantaged community (as defined by the
Secretary under section 160 of the Water Resources Development
Act of 2020 (33 U.S.C. 2201 note)), including economically
disadvantaged communities located in urban and rural areas, the
non-Federal share of the cost of such project shall be 10
percent.
(c) Repeal.--Section 116 of the Energy and Water Development and
Related Agencies Appropriations Act, 2010 (123 Stat. 2851), is
repealed.
(d) Treatment.--The program authorized by subsection (a) shall be
considered a continuation of the program authorized by section 116 of
the Energy and Water Development and Related Agencies Appropriations
Act, 2010 (123 Stat. 2851) (as in effect on the day before the date of
enactment of this Act).
SEC. 8316. ST. FRANCIS LAKE CONTROL STRUCTURE.
(a) In General.--The Secretary shall set the ordinary high water
mark for water impounded behind the St. Francis Lake Control Structure,
authorized by the Act of May 15, 1928 (chapter 569, 45 Stat. 538; 79
Stat. 1077), at 208 feet mean sea level.
(b) Operation by Project Manager.--In setting the ordinary high
water mark under subsection (a), the Secretary shall ensure that the
project manager for the St. Francis Lake Control Structure may continue
operating such structure in accordance with the instructions set forth
in the document titled ``St. Francis Lake Control Structure Standing
Instructions to the Project Manager'' and published in January 1982 by
the Corps of Engineers, Memphis District.
SEC. 8317. SOUTH PLATTE RIVER AND TRIBUTARIES, ADAMS AND DENVER
COUNTIES, COLORADO.
(a) In General.--The Secretary shall expedite the completion of a
written agreement under section 204(d) of the Water Resources
Development Act of 1986 (33 U.S.C. 2232(d)) with the non-Federal
interest for the project for ecosystem restoration and flood risk
management, South Platte River and Tributaries, Adams and Denver
Counties, Colorado, authorized by section 401(4) of the Water Resources
Development Act of 2020 (134 Stat. 2739).
(b) Reimbursement.--The written agreement described in subsection
(a) shall provide for reimbursement of the non-Federal interest from
funds in the allocation for the project described in subsection (a) in
the detailed spend plan submitted for amounts appropriated under the
heading ``department of the army--corps of engineers--civil--
construction'' in title III of division J of the Infrastructure
Investment and Jobs Act (135 Stat. 1359) if the Secretary determines
that funds in an amount sufficient to reimburse the non-Federal
interest are available in such allocation.
SEC. 8318. FRUITVALE AVENUE RAILROAD BRIDGE, ALAMEDA, CALIFORNIA.
Section 4017(d) of the Water Resources Development Act of 2007 (121
Stat. 1175) is repealed.
SEC. 8319. LOS ANGELES COUNTY, CALIFORNIA.
(a) Establishment of Program.--The Secretary may establish a
program to provide environmental assistance to non-Federal interests in
Los Angeles County, California.
(b) Form of Assistance.--Assistance provided under this section may
be in the form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in Los Angeles County, California, including projects for
wastewater treatment and related facilities, water supply and related
facilities, environmental restoration, and surface water resource
protection and development.
(c) Ownership Requirement.--The Secretary may provide assistance
for a project under this section only if the project is publicly owned.
(d) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section to a non-Federal interest, the Secretary shall enter
into a partnership agreement under section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b) with the non-Federal
interest with respect to the project to be carried out with
such assistance.
(2) Requirements.--Each partnership agreement for a project
entered into under this subsection shall provide for the
following:
(A) Development by the Secretary, in consultation
with appropriate Federal and State officials, of a
facilities or resource protection and development plan,
including appropriate engineering plans and
specifications.
(B) Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project by the non-Federal
interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the cost of a
project under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants
or reimbursements of project costs.
(B) Credit for interest.--In case of a delay in the
funding of the Federal share of a project that is the
subject of an agreement under this section, the non-
Federal interest shall receive credit for reasonable
interest incurred in providing the non-Federal share of
the project cost.
(C) Credit for land, easements, and rights-of-
way.--Notwithstanding section 221(a)(4)(G) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)(G)), the
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project cost (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but the credit may not exceed 25
percent of total project costs.
(D) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$50,000,000 to carry out this section.
(2) Corps of engineers expenses.--Not more than 10 percent
of the amounts made available to carry out this section may be
used by the Corps of Engineers district offices to administer
projects under this section at Federal expense.
SEC. 8320. DEAUTHORIZATION OF DESIGNATED PORTIONS OF THE LOS ANGELES
COUNTY DRAINAGE AREA, CALIFORNIA.
(a) In General.--The portion of the project for flood risk
management, Los Angeles County Drainage Area, California, authorized by
section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat. 1589; 50
Stat. 167; 52 Stat. 1215; 55 Stat. 647; 64 Stat. 177; 104 Stat. 4611),
consisting of the debris basins described in subsection (b), is no
longer authorized beginning on the date that is 18 months after the
date of enactment of this Act.
(b) Debris Basins Described.--The debris basins referred to in
subsection (a) are the following debris basins operated and maintained
by the Los Angeles County Flood Control District, as generally defined
in Corps of Engineers operations and maintenance manuals as may be
further described in an agreement entered into under subsection (c):
Auburn Debris Basin, Bailey Debris Basin, Big Dalton Debris Basin,
Blanchard Canyon Debris Basin, Blue Gum Canyon Debris Basin, Brand
Canyon Debris Basin, Carter Debris Basin, Childs Canyon Debris Basin,
Dunsmuir Canyon Debris Basin, Eagle Canyon Debris Basin, Eaton Wash
Debris Basin, Elmwood Canyon Debris Basin, Emerald East Debris Basin,
Emerald West Debris Retention Inlet, Hay Debris Basin, Hillcrest Debris
Basin, La Tuna Canyon Debris Basin, Little Dalton Debris Basin, Live
Oak Debris Retention Inlet, Lopez Debris Retention Inlet, Lower Sunset
Canyon Debris Basin, Marshall Canyon Debris Retention Inlet, Santa
Anita Debris Basin, Sawpit Debris Basin, Schoolhouse Canyon Debris
Basin, Shields Canyon Debris Basin, Sierra Madre Villa Debris Basin,
Snover Canyon Debris Basin, Stough Canyon Debris Basin, Wilson Canyon
Debris Basin, and Winery Canyon Debris Basin.
(c) Agreement.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall seek to enter into an agreement with
the Los Angeles County Flood Control District to ensure that the Los
Angeles County Flood Control District--
(1) operates, maintains, repairs, and rehabilitates, and
replaces as necessary, the debris basins described in
subsection (b)--
(A) in perpetuity at no cost to the United States;
and
(B) in a manner that ensures that the quantity and
concentration of stormwater inflows from such debris
basins does not reduce the level of flood protection of
the project described in subsection (a);
(2) retains public ownership of, and compatible uses for,
all real property required for the continued functioning of the
debris basins described in subsection (b), consistent with
authorized purposes of the project described in subsection (a);
(3) allows the Corps of Engineers to continue to operate,
maintain, rehabilitate, repair, and replace appurtenant
structures, such as rain and stream gages, located within the
debris basins subject to deauthorization under subsection (a)
as necessary to ensure the continued functioning of the project
described in subsection (a); and
(4) holds and saves the United States harmless from damages
due to overtopping, breach, failure, operation, or maintenance
of the debris basins described in subsection (b).
(d) Administrative Costs.--The Secretary may accept and expend
funds voluntarily contributed by the Los Angeles County Flood Control
District to cover the administrative costs incurred by the Secretary
to--
(1) enter into an agreement under subsection (c); and
(2) monitor compliance with such agreement.
SEC. 8321. MURRIETA CREEK, CALIFORNIA.
Section 103 of title I of appendix B of Public Law 106-377 (114
Stat. 1441A-65) (relating to the project for flood control,
environmental restoration, and recreation, Murrieta Creek, California),
is amended--
(1) by striking ``$89,850,000'' and inserting
``$277,194,000'';
(2) by striking ``$57,735,000'' and inserting
``$180,176,100''; and
(3) by striking ``$32,115,000'' and inserting
``$97,017,900''.
SEC. 8322. SACRAMENTO RIVER BASIN, CALIFORNIA.
The portion of the project for flood protection in the Sacramento
River Basin, authorized by section 2 of the Act of March 1, 1917
(chapter 144, 39 Stat. 949; 68 Stat. 1264; 110 Stat. 3662; 113 Stat.
319), consisting of the portion of the American River North Levee,
upstream of Arden Way, from G.P.S. coordinate 38.600948N 121.330599W to
38.592261N 121.334155W, is no longer authorized beginning on the date
of enactment of this Act.
SEC. 8323. SAN DIEGO RIVER AND MISSION BAY, SAN DIEGO COUNTY,
CALIFORNIA.
(a) In General.--The project for flood control and navigation, San
Diego River and Mission Bay, San Diego County, California, authorized
by the Act of July 24, 1946 (chapter 595, 60 Stat. 636; 134 Stat.
2705), is modified to change the authorized conveyance capacity of the
project to a level determined appropriate by the Secretary based on the
actual capacity of the project, which level may be further modified by
the Secretary as necessary to account for sea level rise.
(b) Operation and Maintenance Manual.--
(1) In general.--The non-Federal sponsor for the project
described in subsection (a) shall prepare for review and
approval by the Secretary a revised operation and maintenance
manual for the project to implement the modification described
in subsection (a).
(2) Funding.--The non-Federal sponsor shall provide to the
Secretary funds sufficient to cover the costs incurred by the
Secretary to review and approve the manual described in
paragraph (1), and the Secretary may accept and expend such
funds in the performance of such review and approval.
(c) Emergency Repair and Restoration Assistance.--Upon approval by
the Secretary of the revised operation and maintenance manual required
under subsection (b), and subject to compliance by the non-Federal
sponsor with the requirements of such manual and with any other
eligibility requirement established by the Secretary, the project
described in subsection (a) shall be considered for assistance under
section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)).
SEC. 8324. ADDITIONAL ASSISTANCE FOR EASTERN SANTA CLARA BASIN,
CALIFORNIA.
Section 111 of title I of division B of the Miscellaneous
Appropriations Act, 2001 (Public Law 106-554, appendix D, 114 Stat.
2763A-224 (as enacted by section 1(a)(4) of the Consolidated
Appropriations Act, 2001 (114 Stat. 2763)); 121 Stat. 1209), is
amended--
(1) in subsection (a), by inserting ``and volatile organic
compounds'' after ``perchlorates''; and
(2) in subsection (b)(3), by inserting ``and volatile
organic compounds'' after ``perchlorates''.
SEC. 8325. SAN FRANCISCO BAY, CALIFORNIA.
(a) Technical Amendment.--Section 203(a)(1)(A) of the Water
Resources Development Act of 2020 (134 Stat. 2675) is amended by
striking ``ocean shoreline'' and inserting ``bay and ocean
shorelines''.
(b) Implementation.--In carrying out a study under section 142 of
the Water Resources Development Act of 1976 (90 Stat. 2930; 100 Stat.
4158), pursuant to section 203(a)(1)(A) of the Water Resources
Development Act of 2020 (as amended by this section), the Secretary
shall not differentiate between damages related to high tide flooding
and coastal storm flooding for the purposes of determining the Federal
interest or cost share.
SEC. 8326. SOUTH SAN FRANCISCO BAY SHORELINE, CALIFORNIA.
(a) In General.--Except for funds required for a betterment or for
a locally preferred plan, the Secretary shall not require the non-
Federal interest for the project for flood risk management, ecosystem
restoration, and recreation, South San Francisco Bay Shoreline,
California, authorized by section 1401(6) of the Water Resources
Development Act of 2016 (130 Stat. 1714), to contribute funds under an
agreement entered into prior to the date of enactment of this Act in
excess of the total cash contribution required from the non-Federal
interest for the project under section 103 of the Water Resources
Development Act of 1986 (33 U.S.C. 2213).
(b) Requirement.--The Secretary shall not, at any time, defer,
suspend, or terminate construction of the project described in
subsection (a) solely on the basis of a determination by the Secretary
that an additional appropriation is required to cover the Federal share
of the cost to complete construction of the project, if Federal funds,
in an amount determined by the Secretary to be sufficient to continue
construction of the project, remain available in the allocation for the
project under the Long-Term Disaster Recovery Investment Plan for
amounts appropriated under the heading ``corps of engineers--civil--
department of the army--construction'' in title IV of subdivision 1 of
division B of the Bipartisan Budget Act of 2018 (Public Law 115-123;
132 Stat. 76).
SEC. 8327. DELAWARE SHORE PROTECTION AND RESTORATION.
(a) Delaware Beneficial Use of Dredged Material for the Delaware
River, Delaware.--
(1) In general.--At the request of the non-Federal interest
for the project for hurricane and storm damage risk reduction,
Delaware Beneficial Use of Dredged Material for the Delaware
River, Delaware, authorized by section 401(3) of the Water
Resources Development Act of 2020 (134 Stat. 2736) (referred to
in this subsection as the ``project''), the Secretary shall
implement the project using borrow sources that are
alternatives to the Delaware River, Philadelphia to the Sea,
project, Delaware, New Jersey, Pennsylvania, authorized by the
Act of June 25, 1910 (chapter 382, 36 Stat. 637; 46 Stat. 921;
52 Stat. 803; 59 Stat. 14; 68 Stat. 1249; 72 Stat. 297).
(2) Interim authority.--Until the Secretary implements the
modification under paragraph (1), the Secretary is authorized,
at the request of a non-Federal interest, to carry out initial
construction or periodic nourishments at any site included in
the project under--
(A) section 1122 of the Water Resources Development
Act of 2016 (33 U.S.C. 2326 note); or
(B) section 204(d) of the Water Resources
Development Act of 1992 (33 U.S.C. 2326(d)).
(3) Cost share.--The Federal share of the cost to construct
and periodically nourish the project, including the cost of any
modifications carried out under paragraph (1) and the
incremental cost of any placements carried out under paragraph
(2)(B), shall be 90 percent.
(b) Delaware Emergency Shore Restoration.--
(1) In general.--The Secretary is authorized to repair or
restore a federally authorized hurricane and storm damage
reduction structure or project or a public beach located in the
State of Delaware pursuant to section 5(a) of the Act of August
18, 1941 (33 U.S.C. 701n(a)), if--
(A) the structure, project, or public beach is
damaged by wind, wave, or water action associated with
a Nor'easter; and
(B) the Secretary determines that the damage
prevents--
(i) in the case of a structure or project,
the adequate functioning of the structure or
project for the authorized purposes of the
structure or project; or
(ii) in the case of a public beach, the
adequate functioning of the beach as a natural
barrier to inundation, wave attack, or erosion
coinciding with hurricanes, coastal storms, or
Nor'easters.
(2) Justification.--The Secretary may carry out a repair or
restoration activity under paragraph (1) without the need to
demonstrate that the activity is justified solely by national
economic development benefits if--
(A) the Secretary determines that--
(i) such activity is necessary to restore
the adequate functioning of the structure,
project, or public beach for the purposes
described in paragraph (1)(B), as applicable;
and
(ii) such activity is warranted to protect
against loss to life or property of the
community protected by the structure, project,
or public beach; and
(B) in the case of a public beach, the non-Federal
interest agrees to participate in, and comply with,
applicable Federal floodplain management and flood
insurance programs.
(3) Prioritization.--Repair or restoration activities
carried out by the Secretary under paragraph (2) shall be given
equal budgetary consideration and priority as activities
justified solely by national economic development benefits.
(4) Limitations.--An activity carried out under paragraph
(1) for a public beach shall not--
(A) repair or restore the beach beyond its natural
profile; or
(B) be considered initial construction of the
hurricane and storm damage reduction project.
(5) Savings provision.--The authority provided by this
subsection shall be in addition to any authority provided by
section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a))
to repair or restore federally authorized hurricane or shore
protective structure or project located in the State of
Delaware damaged or destroyed by wind, wave, or water action of
other than an ordinary nature.
(6) Sunset.--The authority of the Secretary to carry out an
activity under paragraph (1) for a public beach shall expire on
the date that is 10 years after the date of enactment of this
Act.
(7) Definitions.--In this subsection:
(A) Nor'easter.--The term ``Nor'easter'' means a
synoptic-scale, extratropical cyclone in the western
North Atlantic Ocean.
(B) Public beach.--The term ``public beach'' means
a beach within the geographic boundary of an
unconstructed federally authorized hurricane and storm
damage reduction project that is--
(i) a publicly owned beach; or
(ii) a privately owned beach that is
available for public use, including the
availability of reasonable public access, in
accordance with Engineer Regulation 1165-2-130,
published by the Corps of Engineers, dated June
15, 1989.
(c) Indian River Inlet and Bay, Delaware.--
(1) In general.--In carrying out major maintenance of the
project for navigation, Indian River Inlet and Bay, Delaware,
authorized by the first section of the Act of August 26, 1937
(chapter 832, 50 Stat. 846; 59 Stat. 14), the Secretary shall
repair, restore, or relocate any non-Federal public recreation
facility that has been damaged, in whole or in part, by the
deterioration or failure of the project.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000.
(d) Indian River Inlet Sand Bypass Plant, Delaware.--
(1) In general.--The project for hurricane-flood protection
and beach erosion control at Indian River Inlet, Delaware,
commonly known as the ``Indian River Inlet Sand Bypass Plant'',
authorized by section 869 of the Water Resources Development
Act of 1986 (100 Stat. 4182), is modified to authorize the
Secretary, at the request of a non-Federal interest, to provide
periodic nourishment through dedicated dredging or other means
to maintain or restore the functioning of such project when--
(A) the sand bypass plant is inoperative; or
(B) operation of the sand bypass plant is
insufficient to maintain the functioning of the
project.
(2) Cost share.--The non-Federal share of the cost of a
cycle of periodic nourishment provided pursuant to paragraph
(1) shall be the same percentage as the non-Federal share of
the cost to operate the sand bypass plant.
(e) Reprogramming for Coastal Storm Risk Management Project at
Indian River Inlet.--
(1) In general.--For each fiscal year, the Secretary may
reprogram amounts made available for any coastal storm risk
management project to use such amounts for the project for
hurricane-flood protection and beach erosion control at Indian
River Inlet, Delaware, commonly known as the ``Indian River
Inlet Sand Bypass Plant'', authorized by section 869 of the
Water Resources Development Act of 1986 (100 Stat. 4182).
(2) Limitations.--
(A) In general.--The Secretary may carry out not
more than 2 reprogramming actions under paragraph (1)
for each fiscal year.
(B) Amount.--For each fiscal year, the Secretary
may reprogram--
(i) not more than $100,000 per
reprogramming action; and
(ii) not more than $200,000 for each fiscal
year.
SEC. 8328. ST. JOHNS RIVER BASIN, CENTRAL AND SOUTHERN FLORIDA.
The portions of the project for flood control and other purposes,
Central and Southern Florida, authorized by section 203 of the Flood
Control Act of 1948 (62 Stat. 1176), consisting of the southernmost
3.5-mile reach of the L-73 levee, Section 2, Osceola County Florida,
are no longer authorized beginning on the date of enactment of this
Act.
SEC. 8329. LITTLE PASS, CLEARWATER BAY, FLORIDA.
The portion of the project for navigation, Little Pass, Clearwater
Bay, Florida, authorized by section 101 of the River and Harbor Act of
1960 (74 Stat. 481), beginning with the most westerly 1,000 linear feet
of the channel encompassing all of Cut H, to include the turning basin,
is no longer authorized beginning on the date of enactment of this Act.
SEC. 8330. COMPREHENSIVE EVERGLADES RESTORATION PLAN, FLORIDA.
(a) In General.--Section 601(e)(5) of the Water Resources
Development Act of 2000 (114 Stat. 2685; 121 Stat. 1269; 132 Stat.
3786) is amended--
(1) in subparagraph (D), by striking ``subparagraph (D)''
and inserting ``subparagraph (E)''; and
(2) in subparagraph (E)--
(A) in clause (i), in the matter preceding
subclause (I), by striking ``during each 5-year period,
beginning with commencement of design of the Plan'' and
inserting ``during each period of 5 fiscal years,
beginning on October 1, 2022'';
(B) in clause (ii), by inserting ``for each project
in the Plan'' before the period at the end; and
(C) by adding at the end the following:
``(iii) Accounting.--Not later than 90 days
after the end of each fiscal year, the
Secretary shall provide to the non-Federal
sponsor a financial accounting of non-Federal
contributions under clause (i)(I) for such
fiscal year.
``(iv) Limitation.--In the case of an
authorized project for which a project
partnership agreement has not been executed and
for which there is an agreement under
subparagraph (B)(i)(III), the Secretary--
``(I) shall consider all
expenditures and obligations incurred
by the non-Federal sponsor for land and
in-kind services for the project in
determining the amount of any cash
contribution required from the non-
Federal sponsor to satisfy the cost-
share requirements of this subsection;
and
``(II) may only require any such
cash contribution to be made at the end
of each period of 5 fiscal years under
clause (i).''.
(b) Update.--The Secretary and the non-Federal interest shall
revise the Master Agreement for the Comprehensive Everglades
Restoration Plan, executed in 2009 pursuant to section 601 of the Water
Resources Development Act of 2000 (114 Stat. 2680), to reflect the
amendment made by subsection (a).
SEC. 8331. PALM BEACH HARBOR, FLORIDA.
Beginning on the date of enactment of this Act, the project for
navigation, Palm Beach Harbor, Florida, for which assumption of
maintenance was authorized by section 202 of the Water Resources
Development Act of 1986 (100 Stat. 4093), is modified to deauthorize
the portion of the project, known as the Northern Turning Basin,
consisting of an approximate 209,218-square foot area (4.803 acres) of
the Federal northern turning basin within Palm Beach Harbor, starting
at a point with coordinates N887149.6299, E965813.7673; thence running
N4605'59''E for 106.07 feet to a point with coordinates N887223.1767,
E965890.1929; thence running S8854'01''E for 393.00 feet to a point
with coordinates N887215.6342, E966283.1205; thence running
S3248'37''E for 433.78 feet to a point with coordinates N886851.0560,
E966518.1668; thence running N8854'01''W for 710.00 feet to a point
with coordinates N886864.6824, E965808.2975; thence running
N0105'59''E for 285.00 feet to the point of origin.
SEC. 8332. PORT EVERGLADES, FLORIDA.
Section 1401(1) of the Water Resources Development Act of 2016 (130
Stat. 1709) is amended, in row 4 (relating to the project for
navigation, Port Everglades, Florida)--
(1) by striking ``$229,770,000'' and inserting
``$529,700,000'';
(2) by striking ``$107,233,000'' and inserting
``$247,209,000''; and
(3) by striking ``$337,003,000'' and inserting
``$776,909,000''.
SEC. 8333. SOUTH FLORIDA ECOSYSTEM RESTORATION TASK FORCE.
Section 528(f)(1)(J) of the Water Resources Development Act of 1996
(110 Stat. 3771) is amended by striking ``2 representatives of the
State of Florida,'' and inserting ``3 representatives of the State of
Florida, including at least 1 representative of the Florida Department
of Environmental Protection and 1 representative of the Florida Fish
and Wildlife Conservation Commission,''.
SEC. 8334. NEW SAVANNAH BLUFF LOCK AND DAM, GEORGIA AND SOUTH CAROLINA.
Section 1319(c) of the Water Resources Development Act of 2016 (130
Stat. 1704) is amended by striking paragraph (2) and inserting the
following:
``(2) Cost share.--
``(A) In general.--The costs of construction of a
Project feature constructed pursuant to paragraph (1)
shall be determined in accordance with section
101(a)(1)(B) of the Water Resources Development Act of
1986 (33 U.S.C. 2211(a)(1)(B)).
``(B) Savings provision.--Any increase in costs for
the Project due to the construction of a Project
feature constructed pursuant to paragraph (1) shall not
be included in the total project cost for purposes of
section 902 of the Water Resources Development Act of
1986 (33 U.S.C. 2280).''.
SEC. 8335. LITTLE WOOD RIVER, GOODING, IDAHO.
Section 3057 of the Water Resources Development Act of 2007 (121
Stat. 1120) is amended--
(1) in subsection (a)(2), by striking ``$9,000,000'' and
inserting ``$40,000,000''; and
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Planning, design, and reconstruction costs.--The
Federal share of planning, design, and reconstruction costs for
a project under this section, including any work associated
with bridges, shall be 90 percent.''; and
(B) by adding at the end the following:
``(3) In-kind contributions.--The non-Federal interest may
provide and receive credit for in-kind contributions for a
project carried out under this section, consistent with section
221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b(a)(4)).
``(4) Cash contribution not applicable.--The requirement
under section 103(a)(1)(A) of the Water Resources Development
Act of 1986 (33 U.S.C. 2213(a)(1)(A)) for a non-Federal
interest to provide 5 percent of the cost of a project carried
out under this section shall not apply with respect to the
project.
``(5) Payment options.--At the request of the non-Federal
interest for a project carried out under this section and
subject to available funding, the non-Federal contribution for
construction of the project shall be financed in accordance
with the provisions of section 103(k) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(k)) over a period of
thirty years from the date of completion of the project.''.
SEC. 8336. CHICAGO SHORELINE PROTECTION.
The project for storm damage reduction and shoreline erosion
protection, Lake Michigan, Illinois, from Wilmette, Illinois, to the
Illinois-Indiana State line, authorized by section 101(a)(12) of the
Water Resources Development Act of 1996 (110 Stat. 3664), is modified
to authorize the Secretary to provide 65 percent of the cost of the
locally preferred plan, as described in the Report of the Chief of
Engineers, dated April 14, 1994, for the construction of the following
segments of the project:
(1) Shoreline revetment at Morgan Shoal.
(2) Shoreline revetment at Promontory Point.
SEC. 8337. GREAT LAKES AND MISSISSIPPI RIVER INTERBASIN PROJECT,
BRANDON ROAD, WILL COUNTY, ILLINOIS.
(a) In General.--Section 402(a)(1) of the Water Resources
Development Act of 2020 (134 Stat. 2742) is amended by striking ``80
percent'' and inserting ``90 percent''.
(b) Local Cooperation Requirements.--At the request of the
applicable non-Federal interests for the project for ecosystem
restoration, Great Lakes and Mississippi River Interbasin project,
Brandon Road, Will County, Illinois, authorized by section 401(a)(5) of
the Water Resources Development Act of 2020 (134 Stat. 2740), the
Secretary shall not require such non-Federal interests to be jointly
and severally liable for all non-Federal obligations in the project
partnership agreement for the project.
SEC. 8338. SOUTHEAST DES MOINES, SOUTHWEST PLEASANT HILL, IOWA.
(a) Project Modifications.--The project for flood control and other
purposes, Red Rock Dam and Lake, Des Moines River, Iowa (referred to in
this section as the ``Red Rock Dam Project''), authorized by section 10
of the Act of December 22, 1944 (chapter 665, 58 Stat. 896), and the
project for local flood protection, Des Moines Local Flood Protection,
Des Moines River, Iowa (referred to in this section as ``Flood
Protection Project''), authorized by such section, shall be modified as
follows, subject to a new or amended agreement between the Secretary
and the non-Federal interest for the Flood Protection Project, the City
of Des Moines, Iowa (referred to in this section as the ``City''), in
accordance with section 221 of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b):
(1) That portion of the Red Rock Dam Project consisting of
the segment of levee from Station 15+88.8W to Station 77+43.7W
shall be transferred to the Flood Protection Project.
(2) The relocated levee improvement constructed by the
City, from Station 77+43.7W to approximately Station 20+00,
shall be included in the Flood Protection Project.
(b) Federal Easement Conveyances.--
(1) In general.--The Secretary is authorized to convey the
following easements, acquired by the Federal Government for the
Red Rock Dam Project, to the City to become part of the Flood
Protection Project in accordance with subsection (a):
(A) Easements identified as Tracts 3215E-1, 3235E,
and 3227E.
(B) Easements identified as Partial Tracts 3216E-2,
3216E-3, 3217E-1, and 3217E-2.
(2) Additional conveyances authorized.--After execution of
a new or amended agreement pursuant to subsection (a) and
conveyance of the easements under paragraph (1), the Secretary
is authorized to convey the following easements, by quitclaim
deed, without consideration, acquired by the Federal Government
for the Red Rock Dam project, to the City or to the Des Moines
Metropolitan Wastewater Reclamation Authority and no longer
required for the Red Rock Dam Project or for the Des Moines
Local Flood Protection Project:
(A) Easements identified as Tracts 3200E, 3202E-1,
3202E-2, 3202E-4, 3203E-2, 3215E-3, 3216E-1, and 3216E-
5.
(B) Easements identified as Partial Tracts 3216E-2,
3216E-3, 3217E-1, and 3217E-2.
(3) Easement disposal process and fees.--All real property
interests conveyed under this subsection shall be subject to
the standard release of easement disposal process. All
administrative fees associated with the transfer of the subject
easements to the City or to the Des Moines Metropolitan
Wastewater Reclamation Authority will be borne by the
transferee.
SEC. 8339. CITY OF EL DORADO, KANSAS.
(a) In General.--The Secretary shall amend the contract described
in subsection (b) between the United States and the City of El Dorado,
Kansas, relating to storage space for water supply, to change the
method of calculation of the interest charges that began accruing on
June 30, 1991, on the investment costs for the 72,087 acre-feet of
future use storage space, from compounding interest annually to
charging simple interest annually on the principal amount, until--
(1) the City of El Dorado informs the Secretary of the
desire to convert the future use storage space to present use;
and
(2) the principal amount plus the accumulated interest
becomes payable pursuant to the terms of the contract.
(b) Contract Described.--The contract referred to in subsection (a)
is the contract between the United States and the City of El Dorado,
Kansas, for the use by the City of El Dorado of storage space for water
supply in El Dorado Lake, Kansas, entered into on June 30, 1972, and
titled Contract DACW56-72-C-0220.
SEC. 8340. ALGIERS CANAL LEVEES, LOUISIANA.
(a) In General.--In accordance with section 328 of the Water
Resources Development Act of 1999 (113 Stat. 304; 121 Stat. 1129), the
Secretary shall resume operation, maintenance, repair, rehabilitation,
and replacement of the Algiers Canal Levees, Louisiana, at full Federal
expense.
(b) Technical Amendment.--Section 328(c) of the Water Resources
Development Act of 1999 (113 Stat. 304; 121 Stat. 1129) is amended by
inserting ``described in subsection (b)'' after ``the project''.
SEC. 8341. MISSISSIPPI RIVER GULF OUTLET, LOUISIANA.
The Federal share of the cost of the project for ecosystem
restoration, Mississippi River Gulf Outlet, Louisiana, authorized by
section 7013(a)(4) of the Water Resources Development Act of 2007 (121
Stat. 1281), shall be 100 percent.
SEC. 8342. CAMP ELLIS, SACO, MAINE.
(a) In General.--The project being carried out under section 111 of
the River and Harbor Act of 1968 (33 U.S.C. 426i) for the mitigation of
shore damages attributable to the project for navigation, Camp Ellis,
Saco, Maine, is modified as follows:
(1) The maximum amount of Federal funds that may be
expended for the project shall be $45,000,000.
(2) The project may include Federal participation in
periodic nourishment.
(3) For purposes of subsection (b) of section 111 of the
River and Harbor Act of 1968 (33 U.S.C. 426i(b)), the Secretary
shall determine that the navigation works to which the shore
damages are attributable were constructed at Federal expense.
(b) Conforming Amendment.--Section 3085 of the Water Resources
Development Act of 2007 (121 Stat. 1129), and the item relating to such
section in the table of contents for such Act, are repealed.
SEC. 8343. LOWER MISSISSIPPI RIVER COMPREHENSIVE MANAGEMENT STUDY.
Section 213 of the Water Resources Development Act of 2020 (134
Stat. 2684) is amended by adding at the end the following:
``(j) Cost Share.--The Federal share of the cost of the
comprehensive study carried out under subsection (a), and any
feasibility study carried out under subsection (e), shall be 100
percent.''.
SEC. 8344. UPPER MISSISSIPPI RIVER PROTECTION.
Section 2010 of the Water Resources Reform and Development Act of
2014 (128 Stat. 1270; 132 Stat. 3812) is amended by adding at the end
the following:
``(f) Limitation.--The Secretary shall not recommend
deauthorization of the Upper St. Anthony Falls Lock and Dam pursuant to
the disposition study carried out under subsection (d) unless the
Secretary identifies a willing and capable non-Federal public entity to
assume ownership of the Upper St. Anthony Falls Lock and Dam.
``(g) Modification.--The Secretary is authorized to investigate the
feasibility of modifying, prior to deauthorizing, the Upper St. Anthony
Falls Lock and Dam to add ecosystem restoration, including the
prevention and control of invasive species, water supply, and
recreation as authorized purposes.''.
SEC. 8345. UPPER MISSISSIPPI RIVER RESTORATION PROGRAM.
Section 1103(e)(3) of the Water Resources Development Act of 1986
(33 U.S.C. 652(e)(3)) is amended by striking ``$40,000,000'' and
inserting ``$75,000,000''.
SEC. 8346. WATER LEVEL MANAGEMENT ON THE UPPER MISSISSIPPI RIVER AND
ILLINOIS WATERWAY.
(a) In General.--As part of the operation and maintenance of the
navigation channel projects on the Upper Mississippi River, including
all projects authorized for navigation of the Mississippi River from
the mouth of the Missouri River to Minneapolis, authorized by the first
section of the Act of July 3, 1930 (chapter 847, 46 Stat. 927; 49 Stat.
1034; 50 Stat. 848; 59 Stat. 19; 72 Stat. 298; 92 Stat. 1695; 95 Stat.
1634; 100 Stat. 4208; 100 Stat. 4213; 100 Stat. 4228; 102 Stat. 4027;
104 Stat. 4613; 106 Stat. 4806; 106 Stat. 4811; 110 Stat. 3716; 121
Stat. 1283; 128 Stat. 1270; 132 Stat. 3812; 134 Stat. 2704), and as
part of the operation and maintenance of the navigation channel
projects on the Illinois River, Illinois (also called the Illinois
Waterway), authorized by the first section of the Act of January 21,
1927 (chapter 47, 44 Stat. 1013; 46 Stat. 929; 49 Stat. 1035; 49 Stat.
1036; 52 Stat. 805; 59 Stat. 19; 60 Stat. 636; 72 Stat. 302; 82 Stat.
735; 100 Stat. 4208; 106 Stat. 4806; 121 Stat. 1283; 128 Stat. 1351),
the Secretary is authorized to and shall carry out water level
management activities to help redress the degrading influences of
prolonged inundation or sedimentation from such projects, and to
improve the quality and quantity of habitat available for fish and
wildlife.
(b) Conditions on Drawdowns.--In carrying out subsection (a), the
Secretary shall carry out routine and systemic water level drawdowns of
the pools created by the locks and dams of the projects described in
subsection (a), including drawdowns during the growing season, when--
(1) hydrologic conditions allow the Secretary to carry out
a drawdown within applicable dam operating plans; or
(2) hydrologic conditions allow the Secretary to carry out
a drawdown and sufficient funds are available to the Secretary
to carry out any additional activities that may be required to
ensure that the drawdown does not adversely affect navigation.
(c) Coordination and Notification.--
(1) Coordination.--The Secretary shall use existing
coordination and consultation processes to regularly coordinate
and consult with other relevant Federal agencies and States
regarding the planning and assessment of water level management
actions implemented under this section.
(2) Notification and opportunity for comment.--Prior to
carrying out any activity under this section, the Secretary
shall provide to the public and to navigation interests and
other interested stakeholders notice and an opportunity for
comment on such activity.
(d) Report.--Not later than December 31, 2028, the Secretary shall
make publicly available (including on a publicly available website) and
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report that describes any activity carried out
under this section and the effects of such activity.
SEC. 8347. MISSISSIPPI DELTA HEADWATERS, MISSISSIPPI.
As part of the authority of the Secretary to carry out the project
for flood damage reduction, bank stabilization, and sediment and
erosion control, Yazoo Basin, Mississippi Delta Headwaters,
Mississippi, authorized pursuant to the matter under the heading
``enhancement of water resource benefits and for emergency disaster
work'' in title I of Public Law 98-8 (97 Stat. 22), the Secretary may
carry out emergency maintenance activities, as the Secretary determines
to be necessary, for features of the project completed before the date
of enactment of this Act.
SEC. 8348. SENSE OF CONGRESS RELATING TO OKATIBBEE LAKE, MISSISSIPPI.
It is the sense of Congress that--
(1) there is significant shoreline sloughing and erosion at
the Okatibbee Lake portion of the project for flood protection,
Chunky Creek, Chickasawhay and Pascagoula Rivers, Mississippi,
authorized by section 203 of the Flood Control Act of 1962 (76
Stat. 1183), which has the potential to impact infrastructure,
damage property, and put lives at risk; and
(2) addressing shoreline sloughing and erosion at a project
of the Secretary, including at a location leased by non-Federal
entities such as Okatibbee Lake, is an activity that is
eligible to be carried out by the Secretary as part of the
operation and maintenance of such project.
SEC. 8349. ARGENTINE, EAST BOTTOMS, FAIRFAX-JERSEY CREEK, AND NORTH
KANSAS LEVEES UNITS, MISSOURI RIVER AND TRIBUTARIES AT
KANSAS CITIES, MISSOURI AND KANSAS.
(a) In General.--The project for flood control, Kansas Citys on
Missouri and Kansas Rivers in Missouri and Kansas, authorized by
section 5 of the Act of June 22, 1936 Flood Control Act of 1936
(chapter 688, 49 Stat. 1588; 58 Stat. 897; 121 Stat. 1054) is modified
to direct the Secretary to--
(1) construct access manholes, or other features, in the
Fairfax portion of such project to allow for regular inspection
of project features if the Secretary determines that such work
is--
(A) not required as a result of improper operation
and maintenance of the project by the nonFederal
interest; and
(B) technically feasible and environmentally
acceptable; and
(2) plan, design, and carry out the construction described
in paragraph (1) as a continuation of the construction of such
project.
(b) Cost Sharing.--The Federal share of the cost of planning,
design, and construction of access manholes or other features under
this section shall be 90 percent.
SEC. 8350. LOWER MISSOURI RIVER STREAMBANK EROSION CONTROL EVALUATION
AND DEMONSTRATION PROJECTS.
(a) In General.--The Secretary is authorized to carry out
streambank erosion control evaluation and demonstration projects in the
Lower Missouri River through contracts with non-Federal interests,
including projects for streambank protection and stabilization.
(b) Area.--The Secretary shall carry out demonstration projects
under this section on the reach of the Missouri River between Sioux
City, Iowa, and the confluence of the Missouri River and the
Mississippi River.
(c) Requirements.--In carrying out subsection (a), the Secretary
shall--
(1) conduct an evaluation of the extent of streambank
erosion on the Lower Missouri River; and
(2) develop new methods and techniques for streambank
protection, research soil stability, and identify the causes of
erosion.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report describing the
results of the demonstration projects carried out under this section,
including any recommendations for methods to prevent and correct
streambank erosion.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000, to remain available
until expended.
(f) Sunset.--The authority of the Secretary to enter into contracts
under subsection (a) shall expire on the date that is 5 years after the
date of enactment of this Act.
SEC. 8351. MISSOURI RIVER INTERCEPTION-REARING COMPLEXES.
(a) In General.--Notwithstanding section 129 of the Water Resources
Development Act of 2020 (134 Stat. 2643), and subject to subsection
(b), the Secretary is authorized to carry out the construction of an
interception-rearing complex at each of Plowboy Bend A (River Mile:
174.5 to 173.2) and Pelican Bend B (River Mile: 15.8 to 13.4) on the
Missouri River.
(b) Analysis and Mitigation of Risk.--
(1) Analysis.--Prior to construction of the interception-
rearing complexes under subsection (a), the Secretary shall
perform an analysis to identify whether the interception-
rearing complexes will--
(A) contribute to an increased risk of flooding to
adjacent lands and properties, including local levees;
(B) affect the navigation channel, including
crossflows, velocity, channel depth, and channel width;
(C) affect the harvesting of sand;
(D) affect ports and harbors; or
(E) contribute to bank erosion on adjacent private
lands.
(2) Mitigation.--The Secretary may not construct an
interception-rearing complex under subsection (a) until the
Secretary successfully mitigates any effects described in
paragraph (1) with respect to such interception-rearing
complex.
(c) Report.--Not later than 1 year after completion of the
construction of the interception-rearing complexes under subsection
(a), the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report describing the
extent to which the construction of such interception-rearing complexes
affected the population recovery of pallid sturgeon in the Missouri
River.
(d) Conforming Amendment.--Section 129(b) of the Water Resources
Development Act of 2020 (134 Stat. 2643) is amended by redesignating
paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and
inserting after paragraph (1) the following:
``(2) submits the report required by section 318(c) of the
Water Resources Development Act of 2022;''.
SEC. 8352. MISSOURI RIVER MITIGATION PROJECT, MISSOURI, KANSAS, IOWA,
AND NEBRASKA.
(a) Use of Other Funds.--
(1) In general.--Section 334 of the Water Resources
Development Act of 1999 (113 Stat. 306) is amended by adding at
the end the following:
``(c) Use of Other Funds.--
``(1) In general.--The Secretary shall consult with other
Federal agencies to determine if lands or interests in lands
acquired by such other Federal agencies--
``(A) meet the purposes of the Missouri River
Mitigation Project, Missouri, Kansas, Iowa, and
Nebraska, authorized by section 601(a) of the Water
Resources Development Act of 1986 (100 Stat. 4143; 113
Stat. 306; 121 Stat. 1155); and
``(B) whether such lands are restricted by such
other Federal agencies from being applied toward the
total number of acres required under subsection (a).
``(2) Application of lands.--Upon making a determination
under paragraph (1) that lands or interests in lands acquired
by a Federal agency meet the purposes of the project described
in paragraph (1)(A) and that such lands are not otherwise
restricted, the Secretary shall apply the lands or interests in
lands acquired toward the total number of acres required under
subsection (a), regardless of the source of the Federal funds
used to acquire such lands or interests in lands.
``(3) Savings provision.--Nothing in this subsection
authorizes any transfer of administrative jurisdiction over any
lands or interests in lands acquired by a Federal agency that
are applied toward the total number of acres required under
subsection (a) pursuant to this subsection.''.
(2) Report required.--
(A) In general.--Not later than 180 days after the
enactment of this Act, the Secretary shall submit to
the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on
Environment and Public Works of the Senate a report
identifying the lands or interests in lands acquired
with Federal funds that the Secretary determines,
pursuant to section 344(c)(1) of the Water Resources
Development Act of 1999, meet the purposes of the
Missouri River Mitigation Project, Missouri, Kansas,
Iowa, and Nebraska, authorized by section 601(a) of the
Water Resources Development Act of 1986 (100 Stat.
4143; 113 Stat. 306; 121 Stat. 1155).
(B) Contents.--The Secretary shall include in the
report submitted under subparagraph (A) a justification
for any lands or interests in lands acquired with
Federal funding that the Secretary determines will not
be applied toward the total number of acres required
under section 334(a) of the Water Resources Development
Act of 1999 (113 Stat. 306).
(b) Flood Risk Management Benefits.--The project for mitigation of
fish and wildlife losses, Missouri River Bank Stabilization and
Navigation Project, Missouri, Kansas, Iowa, and Nebraska, authorized by
section 601(a) of the Water Resources Development Act of 1986 (100
Stat. 4143; 113 Stat. 306; 121 Stat. 1155), is modified to authorize
the Secretary to consider incidental flood risk management benefits
when acquiring land for the project.
SEC. 8353. NORTHERN MISSOURI.
(a) Establishment of Program.--The Secretary may establish a
program to provide environmental assistance to non-Federal interests in
northern Missouri.
(b) Form of Assistance.--Assistance provided under this section may
be in the form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in northern Missouri, including projects for wastewater
treatment and related facilities, water supply and related facilities,
environmental restoration, and surface water resource protection and
development.
(c) Ownership Requirement.--The Secretary may provide assistance
for a project under this section only if the project is publicly owned.
(d) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section to a non-Federal interest, the Secretary shall enter
into a partnership agreement under section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b) with the non-Federal
interest with respect to the project to be carried out with
such assistance.
(2) Requirements.--Each partnership agreement for a project
entered into under this subsection shall provide for the
following:
(A) Development by the Secretary, in consultation
with appropriate Federal and State officials, of a
facilities or resource protection and development plan,
including appropriate engineering plans and
specifications.
(B) Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project by the non-Federal
interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the cost of a
project carried out under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants
or reimbursements of project costs.
(B) Credit for interest.--In case of a delay in the
funding of the Federal share of a project that is the
subject of a partnership agreement under this section,
the non-Federal interest shall receive credit for
reasonable interest incurred in providing the non-
Federal share of the project cost.
(C) Credit for land, easements, and rights-of-
way.--Notwithstanding section 221(a)(4)(G) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)(G)), the
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project cost (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but such credit may not exceed 25
percent of total project costs.
(D) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$50,000,000 to carry out this section.
(2) Corps of engineers expenses.--Not more than 10 percent
of the amounts made available to carry out this section may be
used by the Corps of Engineers district offices to administer
projects under this section at Federal expense.
(f) Northern Missouri Defined.--In this section, the term
``northern Missouri'' means the counties of Buchanan, Marion, Platte,
and Clay, Missouri.
SEC. 8354. ISRAEL RIVER, LANCASTER, NEW HAMPSHIRE.
The project for flood control, Israel River, Lancaster, New
Hampshire, carried out under section 205 of the Flood Control Act of
1948 (33 U.S.C. 701s), is no longer authorized beginning on the date of
enactment of this Act.
SEC. 8355. MIDDLE RIO GRANDE FLOOD PROTECTION, BERNALILLO TO BELEN, NEW
MEXICO.
The non-Federal share of the cost of the project for flood risk
management, Middle Rio Grande, Bernalillo to Belen, New Mexico,
authorized by section 401(2) of the Water Resources Development Act of
2020 (134 Stat. 2735), shall be 25 percent.
SEC. 8356. ECOSYSTEM RESTORATION, HUDSON-RARITAN ESTUARY, NEW YORK AND
NEW JERSEY.
(a) In General.--The Secretary may carry out additional feasibility
studies for the project ecosystem restoration, Hudson-Raritan Estuary,
New York and New Jersey, authorized by section 401(5) of the Water
Resources Development Act of 2020 (134 Stat. 2739), including an
examination of measures and alternatives at Baisley Pond Park and the
Richmond Terrace Wetlands.
(b) Treatment.--A feasibility study carried out under subsection
(a) shall be considered a continuation of the study that formulated the
project for ecosystem restoration, Hudson-Raritan Estuary, New York and
New Jersey, authorized by section 401(5) of the Water Resources
Development Act of 2020 (134 Stat. 2740).
SEC. 8357. ARKANSAS RIVER CORRIDOR, OKLAHOMA.
Section 3132 of the Water Resources Development Act of 2007 (121
Stat. 1141) is amended by striking subsection (b) and inserting the
following:
``(b) Authorized Cost.--The Secretary is authorized to carry out
construction of projects under this section at a total cost of
$128,400,000, with the cost shared in accordance with section 103 of
the Water Resources Development Act of 1986 (33 U.S.C. 2213).
``(c) Additional Feasibility Studies Authorized.--
``(1) In general.--The Secretary is authorized to carry out
feasibility studies for purposes of recommending to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives additional projects under this section.
``(2) Treatment.--An additional feasibility study carried
out under this subsection shall be considered a continuation of
the feasibility study that formulated any project carried out
under subsection (a).''.
SEC. 8358. COPAN LAKE, OKLAHOMA.
(a) In General.--The Secretary shall amend the contract described
in subsection (c) between the United States and the Copan Public Works
Authority, relating to the use of storage space for water supply in
Copan Lake, Oklahoma, to--
(1) release to the United States all rights of the Copan
Public Works Authority to utilize 4,750 acre-feet of future use
water storage space; and
(2) relieve the Copan Public Works Authority from all
financial obligations, to include the initial project
investment costs and the accumulated interest on unpaid project
investment costs, for the volume of water storage space
described in paragraph (1).
(b) Requirement.--During the 2-year period beginning on the
effective date of the contract amendment under subsection (a), the
Secretary shall--
(1) provide the City of Bartlesville, Oklahoma, with the
right of first refusal to contract for the utilization of
storage space for water supply for any portion of the storage
space that was released by the Authority under subsection (a);
and
(2) ensure that the City of Bartlesville, Oklahoma, shall
not pay more than 110 percent of the initial project investment
cost per acre-foot of storage for the acre-feet of storage
space sought under an agreement under paragraph (1).
(c) Contract Described.--The contract referred to in subsection (a)
is the contract between the United States and the Copan Public Works
Authority for the use of storage space for water supply in Copan Lake,
Oklahoma, entered into on June 22, 1981, and titled Contract DACW56-81-
C-0114.
SEC. 8359. SOUTHWESTERN OREGON.
(a) Establishment of Program.--The Secretary may establish a
program to provide environmental assistance to non-Federal interests in
southwestern Oregon.
(b) Form of Assistance.--Assistance provided under this section may
be in the form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in southwestern Oregon, including projects for wastewater
treatment and related facilities, water supply and related facilities,
environmental restoration, and surface water resource protection and
development.
(c) Ownership Requirement.--The Secretary may provide assistance
for a project under this section only if the project is publicly owned.
(d) Partnership Agreements.--
(1) In general.--Before providing assistance under this
section to a non-Federal interest, the Secretary shall enter
into a partnership agreement under section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b) with the non-Federal
interest with respect to the project to be carried out with
such assistance.
(2) Requirements.--Each partnership agreement for a project
entered into under this subsection shall provide for the
following:
(A) Development by the Secretary, in consultation
with appropriate Federal and State officials, of a
facilities or resource protection and development plan,
including appropriate engineering plans and
specifications.
(B) Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project by the non-Federal
interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the cost of a
project carried out under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants
or reimbursements of project costs.
(B) Credit for interest.--In case of a delay in the
funding of the Federal share of a project that is the
subject of a partnership agreement under this section,
the non-Federal interest shall receive credit for
reasonable interest incurred in providing the non-
Federal share of the project cost.
(C) Credit for land, easements, and rights-of-
way.--Notwithstanding section 221(a)(4)(G) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)(G)), the
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project cost (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but such credit may not exceed 25
percent of total project costs.
(D) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$50,000,000 to carry out this section.
(2) Corps of engineers expense.--Not more than 10 percent
of the amounts made available to carry out this section may be
used by the Corps of Engineers district offices to administer
projects under this section at Federal expense.
(f) Southwestern Oregon Defined.--In this section, the term
``southwestern Oregon'' means the counties of Benton, Coos, Curry,
Douglas, Lane, Linn, and Josephine, Oregon.
SEC. 8360. YAQUINA RIVER, OREGON.
The Secretary shall not require the non-Federal interest for the
project for navigation, Yaquina River, Oregon, authorized by the first
section of the Act of March 4, 1913 (chapter 144, 37 Stat. 819), to--
(1) provide a floating plant to the United States for use
in maintaining the project; or
(2) provide funds in an amount determined by the Secretary
to be equivalent to the value of the floating plant as a non-
Federal contribution to the cost of maintaining the project.
SEC. 8361. LOWER BLACKSTONE RIVER, RHODE ISLAND.
The project being carried out under section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330) for ecosystem
restoration, Lower Blackstone River, Rhode Island, is modified as
follows:
(1) The maximum amount of Federal funds that may be
expended for the project shall be $15,000,000.
(2) If the Secretary includes in the project a measure on
Federal land under the jurisdiction of another Federal agency,
the Secretary may enter into an agreement with such agency that
grants permission for the Secretary to--
(A) construct the measure on the land under the
jurisdiction of such agency; and
(B) operate and maintain the measure using funds
provided to the Secretary by the non-Federal interest
for the project.
(3) If the Secretary includes in the project a measure for
fish passage at a dam licensed for hydropower, the Secretary
shall include in the project costs all costs for such measure,
except that those costs that are in excess of the costs to
provide fish passage at the dam if hydropower improvements were
not in place shall be at 100 percent non-Federal expense.
SEC. 8362. CHARLESTON HARBOR, SOUTH CAROLINA.
The Secretary shall reimburse the non-Federal interest for project
for navigation, Charleston Harbor, South Carolina, authorized by
section 1401(1) of the Water Resources Development Act of 2016 (130
Stat. 1708), for advanced funds provided by the non-Federal interest
for construction of the project that exceed the non-Federal share of
the cost of construction of the project as soon as practicable after
the completion of each individual contract for the project.
SEC. 8363. COLLETON COUNTY, SOUTH CAROLINA.
Notwithstanding subparagraph (C)(i) of section 221(a)(4) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)), the non-Federal
interest for the project for hurricane and storm damage risk reduction,
Colleton County, South Carolina, authorized by section 1401(3) of the
Water Resources Development Act of 2016 (130 Stat. 1711), may receive
credit under subparagraph (A) of such section 221(a)(4) for the cost of
construction carried out before the date of enactment of this Act.
SEC. 8364. ENSLEY LEVEE, TENNESSEE.
(a) In General.--Section 353(b)(1) of the Water Resources
Development Act of 2020 (134 Stat. 2721) is amended by striking ``and
Nonconnah Creek'' and inserting ``, Nonconnah Creek, and Ensley''.
(b) Resumption of Maintenance.--The Secretary shall resume
operation and maintenance of Ensley levee system portion of the project
described in the modification made by subsection (a) pursuant to the
requirements of section 353(b)(1) of the Water Resources Development
Act of 2020 (134 Stat. 2721).
SEC. 8365. WOLF RIVER HARBOR, TENNESSEE.
Beginning on the date of enactment of this Act, the project for
navigation, Wolf River Harbor, Tennessee, authorized by section 202 of
the National Industrial Recovery Act (48 Stat. 201; 49 Stat. 1034; 72
Stat. 308), is modified to reduce, in part, the authorized dimensions
of the project, such that the remaining authorized dimensions are as
follows:
(1) A 250-foot-wide, 9-foot-depth channel with a center
line beginning at an approximate point of 35.139634, -90.062343
and extending approximately 1,300 feet to an approximate point
of 35.142077, -90.059107.
(2) A 200-foot-wide, 9-foot-depth channel with a center
line beginning at an approximate point of 35.142077, -90.059107
and extending approximately 1,800 feet to an approximate point
of 35.1467861, -90.057003.
(3) A 250-foot-wide, 9-foot-depth channel with a center
line beginning at an approximate point of 35.1467861, -
90.057003 and extending approximately 5,550 feet to an
approximate point of 35.160848, -90.050566.
SEC. 8366. ADDICKS AND BARKER RESERVOIRS, TEXAS.
The Secretary is authorized to provide, pursuant to section 206 of
the Flood Control Act of 1960 (33 U.S.C. 709a), information and advice
to non-Federal interests on the removal of sediment obstructing inflow
channels to the Addicks and Barker Reservoirs, authorized pursuant to
the project for Buffalo Bayou and its tributaries, Texas, under section
3a of the Act of August 11, 1939 (chapter 699, 53 Stat. 1414; 68 Stat.
1258).
SEC. 8367. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, TEXAS.
The project for ecosystem restoration, North Padre Island, Corpus
Christi Bay, Texas, authorized under section 556 of the Water Resources
Development Act of 1999 (113 Stat. 353), shall not be eligible for
repair and restoration assistance under section 5(a) of the Act of
August 18, 1941 (33 U.S.C. 701n(a)).
SEC. 8368. NUECES COUNTY, TEXAS.
(a) In General.--Upon receipt of a written request from the owner
of land subject to a covered easement, the Secretary shall, without
consideration, release or otherwise convey the covered easement to the
holder of such easement, if the Secretary determines that the covered
easement is no longer required for purposes of navigation.
(b) Survey To Obtain Legal Description.--The exact acreage and
legal description of any covered easements to be released or otherwise
conveyed under this section shall be determined by a survey that is
satisfactory to the Secretary.
(c) Costs.--An entity to which a release or conveyance is made
under this section shall be responsible for all reasonable and
necessary costs, including real estate transaction and environmental
documentation costs, associated with the release or conveyance.
(d) Additional Terms and Conditions.--The Secretary may require
that the release or conveyance of a covered easement under this section
be subject to such additional terms and conditions as the Secretary
determines necessary and appropriate to protect the interests of the
United States.
(e) Definition of Covered Easement.--In this subsection, the term
``covered easement'' means an easement held by the United States for
purposes of navigation in Nueces County, Texas.
SEC. 8369. LAKE CHAMPLAIN CANAL, VERMONT AND NEW YORK.
Section 5146 of the Water Resources Development Act of 2007 (121
Stat. 1255) is amended by adding at the end the following:
``(c) Clarifications.--
``(1) In general.--At the request of the non-Federal
interest for the study of the Lake Champlain Canal Aquatic
Invasive Species Barrier carried out under section 542 of the
Water Resources Development Act of 2000 (114 Stat. 2671; 121
Stat. 1150; 134 Stat. 2652), the Secretary shall scope the
phase II portion of such study to satisfy the feasibility
determination under subsection (a).
``(2) Dispersal barrier.--A dispersal barrier constructed,
maintained, or operated under this section may include--
``(A) physical hydrologic separation;
``(B) nonstructural measures;
``(C) deployment of technologies; and
``(D) buffer zones.''.
SEC. 8370. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED DAMS.
Section 1177 of the Water Resources Development Act of 2016 (33
U.S.C. 467f-2 note) is amended by adding at the end the following:
``(g) Special Rule.--Notwithstanding subsection (c), the non-
Federal share of the cost of the project for rehabilitation of
Waterbury Dam, Washington County, Vermont, under this section,
including the cost of any required study, shall be the same share
assigned to the non-Federal interest for the cost of initial
construction of the Waterbury Dam.''.
SEC. 8371. PUGET SOUND NEARSHORE ECOSYSTEM RESTORATION, WASHINGTON.
In carrying out the project for ecosystem restoration, Puget Sound,
Washington, authorized by section 1401(4) of the Water Resources
Development Act of 2016 (130 Stat. 1713), the Secretary shall consider
the removal and replacement of the Highway 101 causeway and bridges at
the Duckabush River Estuary site to be a project feature the costs of
which are shared as construction.
SEC. 8372. LOWER MUD RIVER, MILTON, WEST VIRGINIA.
(a) In General.--The Federal share of the cost of the project for
flood control, Milton, West Virginia, authorized by section 580 of the
Water Resources Development Act of 1996 (110 Stat. 3790; 114 Stat.
2612; 121 Stat. 1154), shall be 90 percent.
(b) Land, Easements, and Rights-of-Way.--For the project described
in subsection (a), the Secretary shall include in the cost of the
project, and credit toward the non-Federal share of that cost, the
value of land, easements, and rights-of-way provided by the non-Federal
interest for the project, including the value of land, easements, and
rights-of-way required for the project that are owned or held by the
non-Federal interest or other non-Federal public body.
(c) Additional Eligibility.--Unless otherwise explicitly prohibited
in an Act making appropriations for the Corps of Engineers, the project
described in subsection (a) shall be eligible for additional funding
appropriated and deposited into the ``corps of engineers--civil--
construction'' account--
(1) without a new investment decision; and
(2) on the same terms as a project that is not the project
described in subsection (a).
SEC. 8373. NORTHERN WEST VIRGINIA.
(a) In General.--Section 571 of the Water Resources Development Act
of 1999 (113 Stat. 371; 121 Stat. 1257; 134 Stat. 2719) is amended--
(1) in the section heading, by striking ``central'' and
inserting ``northern'';
(2) by striking subsection (a) and inserting the following:
``(a) Definition of Northern West Virginia.--In this section, the
term `northern West Virginia' means the counties of Barbour, Berkeley,
Brooke, Doddridge, Grant, Hampshire, Hancock, Hardy, Harrison,
Jefferson, Lewis, Marion, Marshall, Mineral, Morgan, Monongalia, Ohio,
Pleasants, Preston, Randolph, Ritchie, Taylor, Tucker, Tyler, Upshur,
Wetzel, and Wood, West Virginia.'';
(3) in subsection (b), by striking ``central'' and
inserting ``northern'';
(4) in subsection (c), by striking ``central'' and
inserting ``northern''; and
(5) in subsection (h), by striking ``$100,000,000'' and
inserting ``$120,000,000''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Water Resources Development Act of 1999 (113 Stat. 269) is amended
by striking the item relating to section 571 and inserting the
following:
``Sec. 571. Northern West Virginia.''.
SEC. 8374. SOUTHERN WEST VIRGINIA.
(a) In General.--Section 340 of the Water Resources Development Act
of 1992 (106 Stat. 4856) is amended--
(1) in the section heading, by striking ``environmental
restoration infrastructure and resource protection development
pilot program'';
(2) by striking subsection (f) and inserting the following:
``(f) Definition of Southern West Virginia.--In this section, the
term `southern West Virginia' means the counties of Boone, Braxton,
Cabell, Calhoun, Clay, Fayette, Gilmer, Greenbrier, Jackson, Kanawha,
Lincoln, Logan, Mason, McDowell, Mercer, Mingo, Monroe, Nicholas,
Pendleton, Pocahontas, Putnam, Raleigh, Roane, Summers, Wayne, Webster,
Wirt, and Wyoming, West Virginia.''; and
(3) in subsection (g), by striking ``$120,000,000'' and
inserting ``$140,000,000''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Water Resources Development Act of 1992 (106 Stat. 4797) is amended
by striking the item relating to section 340 and inserting the
following:
``Sec. 340. Southern West Virginia.''.
SEC. 8375. ENVIRONMENTAL INFRASTRUCTURE.
(a) New Projects.--Section 219(f) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1258)
is amended by adding at the end the following:
``(274) Alabama.--$50,000,000 for water, wastewater, and
other environmental infrastructure in Alabama.
``(275) Chandler, arizona.--$18,750,000 for water and
wastewater infrastructure in the city of Chandler, Arizona.
``(276) Pinal county, arizona.--$40,000,000 for water and
wastewater infrastructure in Pinal County, Arizona.
``(277) Tempe, arizona.--$37,500,000 for water and
wastewater infrastructure, including water reclamation and
groundwater recharge, for the City of Tempe, Arizona.
``(278) Alameda county, california.--$20,000,000 for
environmental infrastructure, in Alameda County, California.
``(279) Bell gardens, california.--$12,500,000 for water
and wastewater infrastructure, including water recycling and
water supply, in the city of Bell Gardens, California.
``(280) Calimesa, california.--$3,500,000 for stormwater
management and water supply infrastructure, including
groundwater recharge and water recycling, in the city of
Calimesa, California.
``(281) Compton creek, california.--$6,165,000 for
stormwater management infrastructure in the vicinity of Compton
Creek, city of Compton, California.
``(282) Downey, california.--$100,000,000 for water
infrastructure, including water supply, in the city of Downey,
California.
``(283) East county, san diego county, california.--
$70,000,000 for water and wastewater infrastructure, including
water recycling and water supply, in East County, San Diego
County, California.
``(284) Eastern los angeles county, california.--
$25,000,000 for the planning, design, and construction of water
and wastewater infrastructure, including water recycling and
water supply, for the cities of Azusa, Baldwin Park, Covina,
Duarte, El Monte, Glendora, Industry, Irwindale, La Puente, La
Verne, Monrovia, San Dimas, and West Covina, and for Avocado
Heights, Bassett, and Valinda, California.
``(285) Escondido creek, california.--$34,000,000 for water
and wastewater infrastructure, including stormwater management,
in the vicinity of Escondido Creek, city of Escondido,
California.
``(286) Fontana, california.--$16,000,000 for stormwater
management infrastructure in the city of Fontana, California.
``(287) Healdsburg, california.--$23,500,000 for water and
wastewater infrastructure, including water recycling and water
supply, in the city of Healdsburg, California.
``(288) Inland empire, california.--$60,000,000 for water
and wastewater infrastructure, including water supply, in
Riverside County and San Bernardino County, California.
``(289) Lomita, california.--$4,716,600 for stormwater
management infrastructure in the city of Lomita, California.
``(290) Marin county, california.--$28,000,000 for water
and wastewater infrastructure, including water supply, in Marin
County, California.
``(291) Maywood, california.--$10,000,000 for wastewater
infrastructure in the city of Maywood, California.
``(292) Monterey peninsula, california.--$20,000,000 for
water and wastewater infrastructure, and water supply, on the
Monterey Peninsula, California.
``(293) North richmond, california.--$45,000,000 for water
and wastewater infrastructure, including coastal flooding
resilience measures for such infrastructure, in North Richmond,
California.
``(294) Ontario, california.--$40,700,000 for water and
wastewater infrastructure, including water recycling and water
supply, in the city of Ontario, California.
``(295) Paramount, california.--$20,000,000 for water and
wastewater infrastructure, including stormwater management, in
the city of Paramount, California.
``(296) Petaluma, california.--$13,700,000 for water and
wastewater infrastructure, including water recycling, in the
city of Petaluma, California.
``(297) Placer county, california.--$21,000,000 for
environmental infrastructure, in Placer County, California.
``(298) Rialto, california.--$27,500,000 for wastewater
infrastructure in the city of Rialto, California.
``(299) Rincon reservation, california.--$38,000,000 for
water and wastewater infrastructure on the Rincon Band of
Luiseno Indians reservation, California.
``(300) Sacramento-san joaquin delta, california.--
$50,000,000 for water and wastewater infrastructure (including
stormwater management), water supply and related facilities,
environmental restoration, and surface water protection and
development, including flooding resilience measures for such
infrastructure, in Contra Costa County, San Joaquin County,
Solano County, Sacramento County, and Yolo County, California.
``(301) San joaquin and stanislaus, california.--
$200,000,000 for water and wastewater infrastructure, including
stormwater management, and water supply, in San Joaquin County
and Stanislaus County, California.
``(302) Santa rosa, california.--$19,400,000 for water and
wastewater infrastructure, in the city of Santa Rosa
California.
``(303) Sierra madre, california.--$20,000,000 for water
and wastewater infrastructure, and water supply, including
earthquake resilience measures for such infrastructure and
water supply, in the city of Sierra Madre, California.
``(304) Smith river, california.--$25,000,000 for
wastewater infrastructure in Howonquet Village and Resort and
Tolowa Dee-ni' Nation, Smith River, California.
``(305) South san francisco, california.--$270,000,000 for
water and wastewater infrastructure, including stormwater
management and water recycling, at the San Francisco
International Airport, California.
``(306) Temecula, california.--$18,000,000 for
environmental infrastructure, in the city of Temecula,
California.
``(307) Torrance, california.--$100,000,000 for water and
wastewater infrastructure, including groundwater recharge and
water supply, in the city of Torrance, California.
``(308) Western contra costa county, california.--
$15,000,000 for wastewater infrastructure in the cities of
Pinole, San Pablo, and Richmond, and in El Sobrante,
California.
``(309) Yolo county, california.--$6,000,000 for
environmental infrastructure, in Yolo County, California.
``(310) Hebron, connecticut.--$3,700,000 for water and
wastewater infrastructure in the town of Hebron, Connecticut.
``(311) New london, connecticut.--$16,000,000 for
wastewater infrastructure in the town of Bozrah and the City of
Norwich, Connecticut.
``(312) Windham, connecticut.--$18,000,000 for water and
wastewater infrastructure in the town of Windham, Connecticut.
``(313) Kent, delaware.--$35,000,000 for water and
wastewater infrastructure, including stormwater management,
water storage and treatment systems, and environmental
restoration, in Kent County, Delaware.
``(314) New castle, delaware.--$35,000,000 for water and
wastewater infrastructure, including stormwater management,
water storage and treatment systems, and environmental
restoration, in New Castle County, Delaware.
``(315) Sussex, delaware.--$35,000,000 for water and
wastewater infrastructure, including stormwater management,
water storage and treatment systems, and environmental
restoration, in Sussex County, Delaware.
``(316) Washington, district of columbia.--$1,000,000 for
water and wastewater infrastructure, including stormwater
management, in Washington, District of Columbia.
``(317) Longboat key, florida.--$12,750,000 for water and
wastewater infrastructure in the town of Longboat Key, Florida.
``(318) Martin, st. lucie, and palm beach counties,
florida.--$100,000,000 for water and wastewater infrastructure,
including stormwater management, to improve water quality in
the St. Lucie River, Indian River Lagoon, and Lake Worth Lagoon
in Martin County, St. Lucie County, and Palm Beach County,
Florida.
``(319) Polk county, florida.--$10,000,000 for wastewater
infrastructure, including stormwater management, in Polk
County, Florida.
``(320) Okeechobee county, florida.--$20,000,000 for
wastewater infrastructure in Okeechobee County, Florida.
``(321) Orange county, florida.--$50,000,000 for water and
wastewater infrastructure, including water reclamation and
water supply, in Orange County, Florida.
``(322) Georgia.--$75,000,000 for environmental
infrastructure in Baldwin County, Bartow County, Floyd County,
Haralson County, Jones County, Gilmer County, Towns County,
Warren County, Lamar County, Lowndes County, Troup County,
Madison County, Toombs County, Dade County, Bulloch County,
Gordon County, Walker County, Dooly County, Butts County,
Clarke County, Crisp County, Newton County, Bibb County, Baker
County, Barrow County, Oglethorpe County, Peach County, Brooks
County, Carroll County, Worth County, Jenkins County, Wheeler
County, Calhoun County, Randolph County, Wilcox County, Stewart
County, Telfair County, Clinch County, Hancock County, Ben Hill
County, Jeff Davis County, Chattooga County, Lanier County,
Brantley County, Charlton County, Tattnall County, Emanuel
County, Mitchell County, Turner County, Bacon County, Terrell
County, Macon County, Ware County, Bleckley County, Colquitt
County, Washington County, Berrien County, Coffee County,
Pulaski County, Cook County, Atkinson County, Candler County,
Taliaferro County, Evans County, Johnson County, Irwin County,
Dodge County, Jefferson County, Appling County, Taylor County,
Wayne County, Clayton County, Decatur County, Schley County,
Sumter County, Early County, Webster County, Clay County, Upson
County, Long County, Twiggs County, Dougherty County, Quitman
County, Meriwether County, Stephens County, Wilkinson County,
Murray County, Wilkes County, Elbert County, McDuffie County,
Heard County, Marion County, Talbot County, Laurens County,
Montgomery County, Echols County, Pierce County, Richmond
County, Chattahoochee County, Screven County, Habersham County,
Lincoln County, Burke County, Liberty County, Tift County, Polk
County, Glascock County, Grady County, Jasper County, Banks
County, Franklin County, Whitfield County, Treutlen County,
Crawford County, and Hart County, Georgia.
``(323) Guam.--$10,000,000 for water and wastewater
infrastructure in Guam.
``(324) State of hawaii.--$75,000,000 for water and
wastewater infrastructure (including urban stormwater
conveyance), resource protection and development, water supply,
environmental restoration, and surface water protection and
development, in the State of Hawaii.
``(325) County of hawai`i, hawaii.--$20,000,000 for water
and wastewater infrastructure, including stormwater management,
in the County of Hawai`i, Hawaii.
``(326) Honolulu, hawaii.--$20,000,000 for water and
wastewater infrastructure, including stormwater management, in
the City and County of Honolulu, Hawaii.
``(327) Kaua`i, hawaii.--$20,000,000 for water and
wastewater infrastructure, including stormwater management, in
the County of Kaua`i, Hawaii.
``(328) Maui, hawaii.--$20,000,000 for water and wastewater
infrastructure, including stormwater management, in the County
of Maui, Hawaii.
``(329) Dixmoor, illinois.--$15,000,000 for water and water
supply infrastructure in the village of Dixmoor, Illinois.
``(330) Forest park, illinois.--$10,000,000 for wastewater
infrastructure, including stormwater management, in the village
of Forest Park, Illinois.
``(331) Lemont, illinois.--$3,135,000 for water
infrastructure in the village of Lemont, Illinois.
``(332) Lockport, illinois.--$6,550,000 for wastewater
infrastructure, including stormwater management, in the city of
Lockport, Illinois.
``(333) Montgomery and christian counties, illinois.--
$30,000,000 for water and wastewater infrastructure, including
water supply, in Montgomery County and Christian County,
Illinois.
``(334) Will county, illinois.--$30,000,000 for water and
wastewater infrastructure, including stormwater management, in
Will County, Illinois.
``(335) Orleans parish, louisiana.--$100,000,000 for water
and wastewater infrastructure in Orleans Parish, Louisiana.
``(336) Fitchburg, massachusetts.--$20,000,000 for water
and wastewater infrastructure, including stormwater management
(including combined sewer overflows), in the city of Fitchburg,
Massachusetts.
``(337) Haverhill, massachusetts.--$20,000,000 for water
and wastewater infrastructure, including stormwater management
(including combined sewer overflows), in the city of Haverhill,
Massachusetts.
``(338) Lawrence, massachusetts.--$20,000,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows), in the city of Lawrence,
Massachusetts.
``(339) Lowell, massachusetts.--$20,000,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows), in the city of Lowell,
Massachusetts.
``(340) Methuen, massachusetts.--$20,000,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows), in the city of Methuen,
Massachusetts.
``(341) Maryland.--$100,000,000 for water, wastewater, and
other environmental infrastructure, Maryland.
``(342) Boonsboro, maryland.--$5,000,000 for water
infrastructure, including water supply, in the town of
Boonsboro, Maryland.
``(343) Brunswick, maryland.--$15,000,000 for water and
wastewater infrastructure in the city of Brunswick, Maryland.
``(344) Cascade charter township, michigan.--$7,200,000 for
water and wastewater infrastructure in Cascade Charter
Township, Michigan.
``(345) Macomb county, michigan.--$40,000,000 for
wastewater infrastructure, including stormwater management, in
Macomb County, Michigan.
``(346) Northfield, minnesota.--$33,450,000 for water and
wastewater infrastructure in the city of Northfield, Minnesota.
``(347) Centertown, missouri.--$15,900,000 for water and
wastewater infrastructure in the village of Centertown,
Missouri.
``(348) City of st. louis, missouri.--$45,000,000 for water
and wastewater infrastructure in the city of St. Louis,
Missouri.
``(349) St. louis county, missouri.--$45,000,000 for water
and wastewater infrastructure in St. Louis County, Missouri.
``(350) Clinton, mississippi.--$13,600,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), drainage
systems, and water quality enhancement, in the city of Clinton,
Mississippi.
``(351) Madison county, mississippi.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), drainage
systems, and water quality enhancement, in Madison County,
Mississippi.
``(352) Meridian, mississippi.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), drainage
systems, and water quality enhancement, in the city of
Meridian, Mississippi.
``(353) Oxford, mississippi.--$10,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), drainage systems, and water
quality enhancement, in the City of Oxford, Mississippi.
``(354) Rankin county, mississippi.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), drainage
systems, and water quality enhancement, in Rankin County,
Mississippi.
``(355) Manchester, new hampshire.--$20,000,000 for water
and wastewater infrastructure, including stormwater management
(including combined sewer overflows), in the city of
Manchester, New Hampshire.
``(356) Bayonne, new jersey.--$825,000 for wastewater
infrastructure, including stormwater management (including
combined sewer overflows), in the city of Bayonne, New Jersey.
``(357) Camden, new jersey.--$119,000,000 for wastewater
infrastructure, including stormwater management, in the city of
Camden, New Jersey.
``(358) Essex and sussex counties, new jersey.--$60,000,000
for water and wastewater infrastructure, including water
supply, in Essex County and Sussex County, New Jersey.
``(359) Flemington, new jersey.--$4,500,000 for water and
wastewater infrastructure, including water supply, in the
Borough of Flemington, New Jersey.
``(360) Jefferson, new jersey.--$90,000,000 for wastewater
infrastructure, including stormwater management, in Jefferson
Township, New Jersey.
``(361) Kearny, new jersey.--$69,900,000 for wastewater
infrastructure, including stormwater management (including
combined sewer overflows), in the town of Kearny, New Jersey.
``(362) Long hill, new jersey.--$7,500,000 for wastewater
infrastructure, including stormwater management, in Long Hill
Township, New Jersey.
``(363) Morris county, new jersey.--$30,000,000 for water
and wastewater infrastructure in Morris County, New Jersey.
``(364) Passaic, new jersey.--$1,000,000 for wastewater
infrastructure, including stormwater management, in Passaic
County, New Jersey.
``(365) Phillipsburg, new jersey.--$2,600,000 for
wastewater infrastructure, including stormwater management, in
the town of Phillipsburg, New Jersey.
``(366) Rahway, new jersey.--$3,250,000 for water and
wastewater infrastructure in the city of Rahway, New Jersey.
``(367) Roselle, new jersey.--$5,000,000 for wastewater
infrastructure, including stormwater management, in the Borough
of Roselle, New Jersey.
``(368) South orange village, new jersey.--$7,500,000 for
water infrastructure, including water supply, in the Township
of South Orange Village, New Jersey.
``(369) Summit, new jersey.--$1,000,000 for wastewater
infrastructure, including stormwater management, in the city of
Summit, New Jersey.
``(370) Warren, new jersey.--$4,550,000 for wastewater
infrastructure, including stormwater management, in Warren
Township, New Jersey.
``(371) Espanola, new mexico.--$21,995,000 for water and
wastewater infrastructure in the city of Espanola, New Mexico.
``(372) Farmington, new mexico.--$15,500,000 for water
infrastructure, including water supply, in the city of
Farmington, New Mexico.
``(373) Mora county, new mexico.--$2,874,000 for wastewater
infrastructure in Mora County, New Mexico.
``(374) Santa fe, new mexico.--$20,700,000 for water and
wastewater infrastructure, including water reclamation, in the
city of Santa Fe, New Mexico.
``(375) Clarkstown, new york.--$14,600,000 for wastewater
infrastructure, including stormwater management, in the town of
Clarkstown, New York.
``(376) Genesee, new york.--$85,000,000 for water and
wastewater infrastructure, including stormwater management and
water supply, in Genesee County, New York.
``(377) Queens, new york.--$119,200,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows), in Queens, New York.
``(378) Yorktown, new york.--$40,000,000 for wastewater
infrastructure, including stormwater management, in the town of
Yorktown, New York.
``(379) Brunswick, ohio.--$4,510,000 for wastewater
infrastructure, including stormwater management, in the city of
Brunswick, Ohio.
``(380) Brookings, oregon.--$2,000,000 for wastewater
infrastructure in the City of Brookings and the Port of
Brookings Harbor, Oregon.
``(381) Monroe, oregon.--$6,000,000 for water and
wastewater infrastructure in the city of Monroe, Oregon.
``(382) Newport, oregon.--$60,000,000 for water and
wastewater infrastructure, including water supply and water
storage, in the city of Newport, Oregon.
``(383) Lane county, oregon.--$25,000,000 for water and
wastewater infrastructure, including water supply and storage,
distribution, and treatment systems, in Lane County, Oregon.
``(384) Palmyra, pennsylvania.--$36,300,000 for wastewater
infrastructure in Palmyra Township, Pennsylvania.
``(385) Pike county, pennsylvania.--$10,000,000 for water
and stormwater management infrastructure, including water
supply, in Pike County, Pennsylvania.
``(386) Pittsburgh, pennsylvania.--$20,000,000 for
wastewater infrastructure, including stormwater management, in
the city of Pittsburgh, Pennsylvania.
``(387) Pocono, pennsylvania.--$22,000,000 for water and
wastewater infrastructure in Pocono Township, Pennsylvania.
``(388) Westfall, pennsylvania.--$16,880,000 for wastewater
infrastructure in Westfall Township, Pennsylvania.
``(389) Whitehall, pennsylvania.--$6,000,000 for stormwater
management infrastructure in Whitehall Township and South
Whitehall Township, Pennsylvania.
``(390) Beaufort, south carolina.--$7,462,000 for
stormwater management infrastructure in Beaufort County, South
Carolina.
``(391) Charleston, south carolina.--$25,583,000 for
wastewater infrastructure, including stormwater management, in
the city of Charleston, South Carolina.
``(392) Horry county, south carolina.--$19,000,000 for
environmental infrastructure, including ocean outfalls, in
Horry County, South Carolina.
``(393) Mount pleasant, south carolina.--$7,822,000 for
wastewater infrastructure, including stormwater management, in
the town of Mount Pleasant, South Carolina.
``(394) Portland, tennessee.--$1,850,000 for water and
wastewater infrastructure, including water supply, in the city
of Portland, Tennessee.
``(395) Smith county, tennessee.--$19,500,000 for
wastewater infrastructure, including stormwater management, in
Smith County, Tennessee.
``(396) Trousdale, macon, and sumner counties, tennessee.--
$178,000,000 for water and wastewater infrastructure in
Trousdale County, Macon County, and Sumner County, Tennessee.
``(397) United states virgin islands.--$1,584,000 for
wastewater infrastructure in the United States Virgin Islands.
``(398) Bonney lake, washington.--$3,000,000 for water and
wastewater infrastructure in the city of Bonney Lake,
Washington.
``(399) Burien, washington.--$5,000,000 for stormwater
management infrastructure in the city of Burien, Washington.
``(400) Ellensburg, washington.--$3,000,000 for wastewater
infrastructure, including stormwater management, in the city of
Ellensburg, Washington.
``(401) North bend, washington.--$30,000,000 for wastewater
infrastructure, including stormwater management, in the city of
North Bend, Washington.
``(402) Port angeles, washington.--$7,500,000 for
wastewater infrastructure, including stormwater management, in
the City and Port of Port Angeles, Washington.
``(403) Snohomish county, washington.--$56,000,000 for
water and wastewater infrastructure, including water supply, in
Snohomish County, Washington.
``(404) Western washington state.--$200,000,000 for water
and wastewater infrastructure, including stormwater management,
water supply, and conservation, in Chelan County, King County,
Kittitas County, Pierce County, Snohomish County, Skagit
County, and Whatcom County, Washington.
``(405) Milwaukee, wisconsin.--$4,500,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows), and resource protection
and development, in the Milwaukee metropolitan area,
Wisconsin.''.
(b) Project Modifications.--
(1) Consistency with reports.--Congress finds that the
project modifications described in this subsection are in
accordance with the reports submitted to Congress by the
Secretary under section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d), titled ``Report to
Congress on Future Water Resources Development'', or have
otherwise been reviewed by Congress.
(2) Modifications.--
(A) Calaveras county, california.--Section
219(f)(86) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1259) is
amended by striking ``$3,000,000'' and inserting
``$13,280,000''.
(B) Sacramento area, california.--Section
219(f)(23) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 336; 117 Stat. 1840;
134 Stat. 2718) is amended by striking ``Suburban''.
(C) Los angeles county, california.--Section 219(f)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 334; 117 Stat. 1840; 121 Stat.
1259) is amended by striking paragraph (93) and
inserting the following:
``(93) Los angeles county, california.--$103,000,000 for
water and wastewater infrastructure, including stormwater
management, Diamond Bar, La Habra Heights, Dominguez Channel,
Santa Clarity Valley, and Rowland Heights, Los Angeles County,
California.''.
(D) Boulder county, colorado.--Section 219(f)(109)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 334; 114 Stat. 2763A-220) is
amended by striking ``$10,000,000 for water supply
infrastructure'' and inserting ``$20,000,000 for water
and wastewater infrastructure, including stormwater
management and water supply''.
(E) Charlotte county, florida.--Section 219(f)(121)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 336; 121 Stat. 1261) is amended
by striking ``$3,000,000 for'' and inserting
``$33,000,000 for wastewater and''.
(F) Miami-dade county, florida.--Section
219(f)(128) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1261) is
amended by striking ``$6,250,000 for'' and inserting
``$190,250,000 for wastewater infrastructure,
including''.
(G) Albany, georgia.--Section 219(f)(130) of the
Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 336; 121 Stat. 1261) is amended by
striking ``$4,000,000 for a storm drainage system,''
and inserting ``$109,000,000 for wastewater
infrastructure, including stormwater management
(including combined sewer overflows),''.
(H) Atlanta, georgia.--Section 219(e)(5) of the
Water Resources Development Act of 1992 (106 Stat.
4835; 110 Stat. 3757; 113 Stat. 334) is amended by
striking ``$25,000,000'' and inserting ``$75,000,000''.
(I) East point, georgia.--Section 219(f)(136) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 336; 121 Stat. 1261) is amended by
striking ``$5,000,000 for'' and inserting ``$15,000,000
for stormwater management and other''.
(J) Cook county and lake county, illinois.--Section
219(f)(54) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 2763A-
220) is amended--
(i) in the paragraph heading, by striking
``Cook county'' and inserting ``Cook county and
lake county'';
(ii) by striking ``$35,000,000 for'' and
inserting ``$100,000,000 for wastewater
infrastructure, including stormwater
management, and other''; and
(iii) by inserting ``and Lake County''
after ``Cook County''.
(K) Madison and st. clair counties, illinois.--
Section 219(f)(55) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114 Stat.
2763A-221; 134 Stat. 2718) is amended by striking
``$45,000,000'' and inserting ``$100,000,000''.
(L) Calumet region, indiana.--Section 219(f)(12)(A)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 336; 117 Stat. 1843; 121 Stat.
1225) is amended by striking ``$100,000,000'' and
inserting ``$125,000,000''.
(M) Baton rouge, louisiana.--Section 219(f)(21) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 336; 114 Stat. 2763A-220; 121 Stat.
1226) is amended by striking ``$35,000,000'' and
inserting ``$90,000,000''.
(N) South central planning and development
commission, louisiana.--Section 219(f)(153) of the
Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 336; 121 Stat. 1262) is amended by
striking ``$2,500,000'' and inserting ``$12,500,000''.
(O) St. charles, st. bernard, plaquemines, st. john
the baptist, st. james, and assumption parishes,
louisiana.--
(i) St. charles, st. bernard, and
plaquemines parishes, louisiana.--Section
219(c)(33) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114
Stat. 2763A-219) is amended by striking ``Water
and wastewater infrastructure'' and inserting
``Water supply and wastewater infrastructure,
including stormwater management''.
(ii) St. john the baptist, st. james, and
assumption parishes, louisiana.--Section
219(c)(34) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114
Stat. 2763A-219) is amended--
(I) in the paragraph heading, by
striking ``baptist and st. james'' and
inserting ``baptist, st. james, and
assumption''; and
(II) by striking ``Baptist and St.
James'' and inserting ``Baptist, St.
James, and Assumption''.
(iii) Authorization of appropriations for
construction assistance.--Section 219(e) of the
Water Resources Development Act of 1992 (106
Stat. 4835; 110 Stat. 3757; 113 Stat. 334; 121
Stat. 1192) is amended--
(I) by striking the ``and'' at the
end of paragraph (16);
(II) by striking the period at the
end of paragraph (17) and inserting a
semicolon; and
(III) by adding at the end the
following:
``(18) $70,000,000 for the project described in subsection
(c)(33); and
``(19) $36,000,000 for the project described in subsection
(c)(34).''.
(P) Michigan combined sewer overflows.--Section
219(f)(157) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1262) is
amended--
(i) by striking ``$35,000,000 for'' and
inserting the following:
``(A) In general.--$85,000,000 for''; and
(ii) by adding at the end the following:
``(B) Additional projects.--Amounts made available
under subparagraph (A) may be used for design and
construction projects for water-related environmental
infrastructure and resource protection and development
projects in Michigan, including for projects for
wastewater treatment and related facilities, water
supply and related facilities, environmental
restoration, and surface water resource protection and
development.''.
(Q) Jackson, mississippi.--Section 219(f)(167) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 336; 121 Stat. 1263) is amended by
striking ``$25,000,000 for water and wastewater
infrastructure'' and inserting ``$125,000,000 for water
and wastewater infrastructure, including resilience
activities for such infrastructure''.
(R) Allegheny county, pennsylvania.--Section
219(f)(66)(A) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 2763A-
221; 121 Stat. 1240) is amended by striking
``$20,000,000 for'' and inserting ``$30,000,000 for
wastewater infrastructure, including stormwater
management, and other''.
(S) Lakes marion and moultrie, south carolina.--
Section 219(f)(25) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat.
2763A-220; 117 Stat. 1838; 130 Stat. 1677; 132 Stat.
3818; 134 Stat. 2719) is amended by striking
``$110,000,000'' and inserting ``$165,000,000''.
(T) Myrtle beach and vicinity, south carolina.--
Section 219(f) of the Water Resources Development Act
of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1267)
is amended by striking paragraph (250) and inserting
the following:
``(250) Myrtle beach and vicinity, south carolina.--
$31,000,000 for environmental infrastructure, including ocean
outfalls, Myrtle Beach and vicinity, South Carolina.''.
(U) North myrtle beach and vicinity, south
carolina.--Section 219(f) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 334;
121 Stat. 1267) is amended by striking paragraph (251)
and inserting the following:
``(251) North myrtle beach and vicinity, south carolina.--
$74,000,000 for environmental infrastructure, including ocean
outfalls, North Myrtle Beach and vicinity, South Carolina.''.
(V) Eastern shore and southwest virginia.--Section
219(f)(10)(A) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1255) is
amended--
(i) by striking ``$20,000,000'' and
inserting ``$52,000,000''; and
(ii) by striking ``Accomac'' and inserting
``Accomack''.
(W) Northern west virginia.--Section 219(f)(272) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 121 Stat. 1268) is amended--
(i) by striking ``$20,000,000 for water and
wastewater'' and inserting the following:
``(A) In general.--$20,000,000 for water and
wastewater''; and
(ii) by adding at the end the following:
``(B) Local cooperation agreements.--
Notwithstanding subsection (a), at the request of a
non-Federal interest for a project or a separable
element of a project that receives assistance under
this paragraph, the Secretary may enter into an
agreement developed in accordance with section 571(e)
of the Water Resources Development Act of 1999 (113
Stat. 371) for the project or separable element.''.
(3) Effect on authorization.--Notwithstanding the operation
of section 6001(e) of the Water Resources Reform and
Development Act of 2014 (as in effect on the day before the
date of enactment of the Water Resources Development Act of
2016), any project included on a list published by the
Secretary pursuant to such section the authorization for which
is amended by this subsection remains authorized to be carried
out by the Secretary.
SEC. 8376. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.
(a) Consistency With Reports.--Congress finds that the project
modifications described in this section are in accordance with the
reports submitted to Congress by the Secretary under section 7001 of
the Water Resources Reform and Development Act of 2014 (33 U.S.C.
2282d), titled ``Report to Congress on Future Water Resources
Development'', or have otherwise been reviewed by Congress.
(b) Projects.--
(1) Chesapeake bay.--Section 510 of the Water Resources
Development Act of 1996 (110 Stat. 3759; 121 Stat. 1202; 128
Stat. 1317; 134 Stat. 3704) is amended--
(A) in subsection (a)(2)--
(i) by inserting ``infrastructure and''
before ``resource protection'';
(ii) in subparagraph (B), by inserting
``and streambanks'' after ``shorelines'';
(iii) by redesignating subparagraphs (E)
and (F) as subparagraphs (H) and (I),
respectively; and
(iv) by inserting after subparagraph (D)
the following:
``(E) wastewater treatment and related facilities;
``(F) water supply and related facilities;
``(G) stormwater and drainage systems;''; and
(B) in subsection (c)(2)(A), by inserting
``facilities or'' before ``a resource protection and
restoration plan''.
(2) Florida keys water quality improvements, florida.--
Section 109(f) of title I of division B of the Miscellaneous
Appropriations Act, 2001 (Public Law 106-554, appendix D, 114
Stat. 2763A-222 (as enacted by section 1(a)(4) of the
Consolidated Appropriations Act, 2001 (114 Stat. 2763)); 121
Stat. 1217) is amended by striking ``$100,000,000'' and
inserting ``$200,000,000''.
(3) Northeastern minnesota.--Section 569(h) of the Water
Resources Development Act of 1999 (113 Stat. 368; 121 Stat.
1232) is amended by striking ``$54,000,000'' and inserting
``$80,000,000''.
(4) Mississippi.--Section 592 of the Water Resources
Development Act of 1999 (113 Stat. 379; 117 Stat. 1837; 121
Stat. 1233; 123 Stat. 2851) is amended--
(A) in subsection (b), by striking ``and surface
water resource protection and development'' and
inserting ``surface water resource protection and
development, stormwater management, drainage systems,
and water quality enhancement''; and
(B) in subsection (g), by striking ``$200,000,000''
and inserting ``$300,000,000''.
(5) Lake tahoe basin restoration, nevada and california.--
Section 108(g) of division C of the Consolidated Appropriations
Act, 2005 (Public Law 108-447; 118 Stat. 2942) is amended by
striking ``$25,000,000'' and inserting ``$50,000,000''.
(6) Central new mexico.--Section 593 of the Water Resources
Development Act of 1999 (113 Stat. 380; 119 Stat. 2255) is
amended--
(A) in subsection (a), by inserting ``Colfax,''
before ``Sandoval'';
(B) in subsection (c), by inserting ``water
reuse,'' after ``conservation,''; and
(C) in subsection (h), by striking ``$50,000,000''
and inserting ``$100,000,000''.
(7) New york city watershed.--Section 552(a)(2) of the
Water Resources Development Act of 1996 (110 Stat. 3780) is
amended--
(A) by striking ``design and construction
assistance'' and inserting ``design, repair,
replacement, and construction assistance''; and
(B) by striking ``treatment, and distribution
facilities'' and inserting ``treatment, stormwater
management, and water distribution facilities''.
(8) Ohio and north dakota.--Section 594 of the Water
Resources Development Act of 1999 (113 Stat. 381; 119 Stat.
2261; 121 Stat. 1140; 121 Stat. 1944) is amended--
(A) in subsection (h), by striking ``$240,000,000''
and inserting ``$250,000,000''; and
(B) by adding at the end the following:
``(i) Authorization of Additional Appropriations.--In addition to
amounts authorized under subsection (h), there is authorized to be
appropriated to carry out this section $100,000,000, to be divided
between the States referred to in subsection (a).''.
(9) Southeastern pennsylvania.--Section 566 of the Water
Resources Development Act of 1996 (110 Stat. 3786; 113 Stat.
352) is amended--
(A) by striking the section heading and inserting
``southeastern pennsylvania and lower delaware river
basin.'';
(B) in subsection (a), by inserting ``and the Lower
Delaware River Basin'' after ``southeastern
Pennsylvania'';
(C) in subsection (b), by striking ``southeastern
Pennsylvania, including projects for waste water
treatment and related facilities,'' and inserting
``southeastern Pennsylvania and the Lower Delaware
River Basin, including projects for wastewater
treatment and related facilities (including sewer
overflow infrastructure improvements and other
stormwater management),'';
(D) by amending subsection (g) to read as follows:
``(g) Areas Defined.--In this section:
``(1) Lower delaware river basin.--The term `Lower Delaware
River Basin' means the Schuylkill Valley, Upper Estuary, Lower
Estuary, and Delaware Bay subwatersheds of the Delaware River
Basin in the Commonwealth of Pennsylvania and the States of New
Jersey and Delaware.
``(2) Southeastern pennsylvania.--The term `southeastern
Pennsylvania' means Philadelphia, Bucks, Chester, Delaware, and
Montgomery Counties, Pennsylvania.''; and
(E) in subsection (h), by striking ``to carry out
this section $25,000,000'' and inserting ``$50,000,000
to provide assistance under this section to non-Federal
interests in southeastern Pennsylvania, and $20,000,000
to provide assistance under this section to non-Federal
interests in the Lower Delaware River Basin''.
(10) South central pennsylvania.--Section 313(g)(1) of the
Water Resources Development Act of 1992 (106 Stat. 4845; 109
Stat. 407; 110 Stat. 3723; 113 Stat. 310; 117 Stat. 142; 121
Stat. 1146; 134 Stat. 2719) is amended by striking
``$400,000,000'' and inserting ``$410,000,000''.
(11) Texas.--Section 5138 of the Water Resources
Development Act of 2007 (121 Stat. 1250) is amended--
(A) in subsection (b), by striking ``, as
identified by the Texas Water Development Board'';
(B) in subsection (e)(3), by inserting ``and
construction'' after ``design work'';
(C) by redesignating subsection (g) as subsection
(i);
(D) by inserting after subsection (f) the
following:
``(g) Nonprofit Entities.--In this section, the term non-Federal
interest has the meaning given such term in section 221(b) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(b)).
``(h) Corps of Engineers Expenses.--Not more than 10 percent of the
amounts made available to carry out this section may be used by the
Corps of Engineers district offices to administer projects under this
section at Federal expense.''; and
(E) in subsection (i) (as redesignated), by
striking ``$40,000,000'' and inserting ``$80,000,000''.
(12) Lake champlain, vermont and new york.--Section 542 of
the Water Resources Development Act of 2000 (114 Stat. 2671;
121 Stat. 1150; 134 Stat. 2652) is amended--
(A) in subsection (b)(2)(C), by striking
``planning'' and inserting ``clean water infrastructure
planning, design, and construction''; and
(B) in subsection (g), by striking ``$32,000,000''
and inserting ``$100,000,000''.
(13) Western rural water.--Section 595 of the Water
Resources Development Act of 1999 (113 Stat. 383; 117 Stat.
139; 117 Stat. 142; 117 Stat. 1836; 118 Stat. 440; 121 Stat.
1219; 123 Stat. 2851; 128 Stat. 1316; 130 Stat. 1681; 134 Stat.
2719) is amended--
(A) in subsection (i)(1), by striking
``$435,000,000'' and inserting ``$800,000,000''; and
(B) in subsection (i)(2), by striking
``$150,000,000'' and inserting ``$200,000,000''.
(c) Effect on Authorization.--Notwithstanding the operation of
section 6001(e) of the Water Resources Reform and Development Act of
2014 (as in effect on the day before the date of enactment of the Water
Resources Development Act of 2016), any project included on a list
published by the Secretary pursuant to such section the authorization
for which is amended by this section remains authorized to be carried
out by the Secretary.
SEC. 8377. CONVEYANCES.
(a) Generally Applicable Provisions.--
(1) Survey to obtain legal description.--The exact acreage
and the legal description of any real property to be conveyed
under this section shall be determined by a survey that is
satisfactory to the Secretary.
(2) Applicability of property screening provisions.--
Section 2696 of title 10, United States Code, shall not apply
to any conveyance under this section.
(3) Costs of conveyance.--An entity to which a conveyance
is made under this section shall be responsible for all
reasonable and necessary costs, including real estate
transaction and environmental documentation costs, associated
with the conveyance.
(4) Liability.--An entity to which a conveyance is made
under this section shall hold the United States harmless from
any liability with respect to activities carried out, on or
after the date of the conveyance, on the real property
conveyed. The United States shall remain responsible for any
liability with respect to activities carried out, before such
date, on the real property conveyed.
(5) Additional terms and conditions.--The Secretary may
require that any conveyance under this section be subject to
such additional terms and conditions as the Secretary considers
necessary and appropriate to protect the interests of the
United States.
(b) City of Lewes, Delaware.--
(1) Conveyance authorized.--The Secretary is authorized to
convey, without consideration, to the City of Lewes, Delaware,
all right, title, and interest of the United States in and to
the real property described in paragraph (2), for the purpose
of housing a new municipal campus for Lewes City Hall, a police
station, and a board of public works.
(2) Property.--The property to be conveyed under this
subsection is the approximately 5.26 acres of land, including
improvements on that land, located at 1137 Savannah Road,
Lewes, Delaware.
(3) Reversion.--
(A) In general.--If the Secretary determines at any
time that the property conveyed under paragraph (1) is
not being used in accordance with the purpose specified
in such paragraph, all right, title, and interest in
and to the property shall revert, at the discretion of
the Secretary, to the United States.
(B) Determination.--A determination by the
Secretary under subparagraph (A) shall be made on the
record after an opportunity for a hearing.
(c) Army Reserve Facility, Belleville, Illinois.--
(1) Conveyance authorized.--The Secretary shall convey to
the city of Belleville, Illinois, without consideration, all
right, title, and interest of the United States in and to the
real property described in paragraph (2).
(2) Property.--The property to be conveyed under this
subsection is the approximately 5.2 acres of land, including
improvements on that land, located at 500 South Belt East in
Belleville, Illinois.
(3) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(4) Reversion.--If the Secretary determines that the
property conveyed under this subsection is not used for a
public purpose, all right, title, and interest in and to the
property shall revert, at the discretion of the Secretary, to
the United States.
(d) Lake Barkley, Kentucky.--
(1) In general.--The Secretary is authorized to convey to
the Eddyville Riverport and Industrial Development Authority
all right, title, and interest of the United States in and to
the approximately 3.3 acres of land in Lyon County, Kentucky,
including the land identified as Tract 1216-2 and a portion of
the land identified as Tract 112-2, adjacent to the
southwestern boundary of the port facilities of the Authority
at the Barkley Dam and Lake Barkley project, Kentucky,
authorized by the first section of the Act of July 24, 1946
(chapter 595, 60 Stat. 636).
(2) Reservation of rights.--The Secretary shall reserve and
retain from the conveyance under this subsection such
easements, rights-of-way, and other interests that the
Secretary determines to be necessary and appropriate to ensure
the continued operation of the project described in paragraph
(1).
(3) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(4) Consideration.--The Eddyville Riverport and Industrial
Development Authority shall pay to the Secretary an amount that
is not less than the fair market value of the property conveyed
under this subsection, as determined by the Secretary.
(e) Sardis Lake, Panola County, Mississippi.--
(1) Conveyance authorized.--The Secretary is authorized to
convey to the City of Sardis, Mississippi, all right, title,
and interest of the United States in and to the real property
described in paragraph (2).
(2) Property.--The property to be conveyed is the
approximately 1,064 acres of lying in the eastern half of
Sections 12 and 13, T 8 S, R 6 W and the western half of
Section 18 and the western half of Section 7, T 8 S, R 5 W, in
Panola County, Mississippi, and being more particularly
described as follows: Begin at the southeast corner of said
Section 13, run thence from said point of beginning, along the
south line of said Section 13, run westerly, 2,723 feet; thence
run N 2739'53'' W, for 1,898 feet; thence run north 2,434
feet; thence run east, 1,006 feet, more or less, to a point on
the easterly edge of Mississippi State Highway No. 315; thence
run along said easterly edge of highway, northerly, for 633
feet; thence leaving said easterly edge of highway, run N
6200' E, for 200 feet; thence N 0700' E, for 1,350 feet;
thence N 0700' W, for 800 feet; thence N 3730'W for 800 feet;
thence N 1000' W for 350 feet; thence N 1100' E, for 350
feet; thence N 4330' E for 250 feet; thence N 8800' E for 200
feet; thence S 6400' E for 350 feet; thence S 2530' E, for
650 feet, more or less, to the intersection of the east line of
the western half of the eastern half of the northwest quarter
of the southeast quarter of the aforesaid Section 12, T 8 S, R
6 W and the 235-foot contour; thence run along said 235-foot
contour, 6,392 feet; thence leaving said 235-foot contour,
southerly 1,762 feet, more or less, to a point on the south
line of Section 7; thence S 0028'49'' E, 2,664.97 feet, more
or less, to a point on the south line of the northwest quarter
of said Section 18; thence along said south line, easterly for
100 feet, more or less to the northwest corner of the southwest
quarter of said Section 18; thence leaving said south line of
said northwest quarter, along the east line of said southwest
quarter, S 0006'20'' E, run 2,280 feet, more or less, to the
southerly edge of an existing power line right-of-way; thence
leaving said east line of said southwest quarter, along said
southerly edge of said power line right-of-way, northwesterly,
300 feet, more or less, to the easterly edge of the existing 4-
H Club Road; thence leaving said southerly edge of said power
line right-of-way, along said easterly edge of said road,
southeasterly, 420 feet, more or less, to the south line of
said southwest quarter; thence leaving said easterly edge of
said road, along said south line of southwest quarter,
westerly, 2,635 feet, more or less, to the point of beginning,
LESS AND EXCEPT the following prescribed parcel: Beginning at a
point N 0045'48'' W, 302.15 feet and west, 130.14 feet from
the southeast corner of said Section 13, T 8 S, R 6 W, and
running thence S 0435'58'' W, 200.00 feet to a point on the
north side of a road; running thence with the north side of
said road, N 8351' W, for 64.84 feet; thence N 7226'44'' W,
59.48 feet; thence N 6031'37'' W, 61.71 feet; thence N
6335'08'' W, 51.07 feet; thence N 0647'17'' W, 142.81 feet to
a point; running thence S 8524'02'' E, 254.37 feet to the
point of beginning, containing 1.00 acre, more or less.
(3) Reservation of rights.--
(A) In general.--The Secretary shall reserve and
retain from the conveyance under this subsection such
easements, rights-of-way, and other interests that the
Secretary determines to be necessary and appropriate to
ensure the continued operation of the Sardis Lake
project, authorized by section 6 of the Act of May 15,
1928 (chapter 569, 45 Stat. 536).
(B) Flooding; liability.--In addition to any
easements, rights-of-way, and other interests reserved
an retained under subparagraph (A), the Secretary--
(i) shall retain the right to flood land
for downstream flood control purposes on--
(I) the land located east of
Blackjack Road and below 301.0 feet
above sea level; and
(II) the land located west of
Blackjack Road and below 224.0 feet
above sea level; and
(ii) shall not be liable for any reasonable
damage resulting from any flooding of land
pursuant to clause (i).
(4) Deed.--The Secretary shall--
(A) convey the property under this section by
quitclaim deed under such terms and conditions as the
Secretary determines appropriate to protect the
interests of the United States; and
(B) ensure that such deed includes a permanent
restriction that all future building of above-ground
structures on the land conveyed under this subsection
shall be restricted to areas lying at or above 301.0
feet above sea level.
(5) Consideration.--The City of Sardis, Mississippi, shall
pay to the Secretary an amount that is not less than the fair
market value of the property conveyed under this subsection, as
determined by the Secretary.
(6) Notice and reporting.--After conveying property under
this subsection, the Secretary shall submit to the City of
Sardis, Mississippi--
(A) weekly reports describing--
(i) the water level of Sardis Lake, as in
effect on the date of submission of the report;
(ii) any applicable forecasts of that water
level; and
(iii) any other information that may affect
land conveyed under this subsection; and
(B) a timely notice of any anticipated flooding of
a portion of the land conveyed under this subsection.
(f) Rogers County, Oklahoma.--
(1) Conveyance authorized.--The Secretary is authorized to
convey to the City of Tulsa-Rogers County Port Authority, all
right, title, and interest of the United States in and to the
real property described in paragraph (2).
(2) Property.--The property to be conveyed under this
subsection is the approximately 176 acres of Federal land
located on the following 3 parcels in Rogers County, Oklahoma:
(A) Parcel 1 consists of U.S. tract 119 (partial),
U.S. tract 123, U.S. tract 120, U.S. tract 125, and
U.S. tract 118 (partial).
(B) Parcel 2 consists of U.S. tract 124 (partial)
and U.S. tract 128 (partial).
(C) Parcel 3 consists of U.S. tract 128 (partial).
(3) Reservation of rights.--The Secretary shall reserve and
retain from any conveyance under this subsection such
easements, rights-of-way, and other interests that the
Secretary determines to be necessary and appropriate to ensure
the continued operation of the McClellan-Kerr Arkansas River
navigation project (including Newt Graham Lock and Dam 18)
authorized under the comprehensive plan for the Arkansas River
Basin by the Act of June 28, 1938 (chapter 795, 52 Stat. 1218;
60 Stat. 634; 60 Stat. 647; 101 Stat. 1329-112; 117 Stat.
1842).
(4) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(5) Consideration.--The City of Tulsa-Rogers County Port
Authority shall pay to the Secretary an amount that is not less
than the fair market value of the property conveyed under this
subsection, as determined by the Secretary.
(6) Obstructions to navigable capacity.--A conveyance under
this subsection shall not affect the jurisdiction of the
Secretary under section 10 of the Act of March 3, 1899 (33
U.S.C. 403) with respect to the property conveyed.
(g) Regional Corps of Engineers Office, Corpus Christi, Texas.--
(1) Conveyance authorized.--At such time as new facilities
are available to be used as the office for the Galveston
District of the Corps of Engineers, the Secretary shall convey
to the Port of Corpus Christi, all right, title, and interest
of the United States in and to the property described in
paragraph (2).
(2) Description of property.--The property referred to in
paragraph (1) is the land known as Tract 100 and Tract 101,
including improvements on that land, in Corpus Christi, Texas,
and described as follows:
(A) Tract 100.--The 1.89 acres, more or less, as
conveyed by the Nueces County Navigation District No. 1
of Nueces County, Texas, to the United States by
instrument dated October 16, 1928, and recorded at
Volume 193, pages 1 and 2, in the Deed Records of
Nueces County, Texas.
(B) Tract 101.--The 0.53 acres as conveyed by the
City of Corpus Christi, Nueces County, Texas, to the
United States by instrument dated September 24, 1971,
and recorded at Volume 318, pages 523 and 524, in the
Deed Records of Nueces County, Texas.
(C) Improvements.--
(i) Main Building (RPUID AO-C-3516),
constructed January 9, 1974.
(ii) Garage, vehicle with 5 bays (RPUID AO-
C-3517), constructed January 9, 1985.
(iii) Bulkhead, Upper (RPUID AO-C-2658),
constructed January 1, 1941.
(iv) Bulkhead, Lower (RPUID AO-C-3520),
constructed January 1, 1933.
(v) Bulkhead Fence (RPUID AO-C-3521),
constructed January 9, 1985.
(vi) Bulkhead Fence (RPUID AO-C-3522),
constructed January 9, 1985.
(3) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(4) Consideration.--The Port of Corpus Christi shall pay to
the Secretary an amount that is not less than the fair market
value of the property (including improvements) conveyed under
this subsection, as determined by the Secretary.
SEC. 8378. LAND TRANSFER AND TRUST LAND FOR CHOCTAW NATION OF OKLAHOMA.
(a) Transfer.--
(1) In general.--Subject to paragraph (2) and for the
consideration described in subsection (c), the Secretary shall
transfer to the Secretary of the Interior the land described in
subsection (b) to be held in trust for the benefit of the
Choctaw Nation.
(2) Conditions.--The land transfer under this subsection
shall be subject to the following conditions:
(A) The transfer--
(i) shall not interfere with the operation
by the Corps of Engineers of the Sardis Lake
Project, authorized pursuant to section 203 of
the Flood Control Act of 1962 (76 Stat. 1187),
or any other authorized civil works project;
and
(ii) shall be subject to such other terms
and conditions as the Secretary determines to
be necessary and appropriate to ensure the
continued operation of the Sardis Lake Project
or any other authorized civil works project.
(B) The Secretary shall retain the right to
inundate with water the land transferred to the Choctaw
Nation under this subsection as necessary to carry out
an authorized purpose of the Sardis Lake Project or any
other civil works project.
(C) No gaming activities may be conducted on the
land transferred under this subsection.
(b) Land Description.--
(1) In general.--The land to be transferred under
subsection (a) is the approximately 247 acres of land located
in Sections 18 and 19 of T2N R18E, and Sections 5 and 8 of T2N
R19E, Pushmataha County, Oklahoma, generally depicted as
``USACE'' on the map entitled ``Sardis Lake - Choctaw Nation
Proposal'' and dated February 22, 2022.
(2) Survey.--The exact acreage and legal descriptions of
the land to be transferred under subsection (a) shall be
determined by a survey satisfactory to the Secretary and the
Secretary of the Interior.
(c) Consideration.--The Choctaw Nation shall pay to the Secretary
an amount that is equal to the fair market value of the land
transferred under subsection (a), as determined by the Secretary, which
funds may be accepted and expended by the Secretary.
(d) Costs of Transfer.--The Choctaw Nation shall be responsible for
all reasonable and necessary costs, including real estate transaction
and environmental documentation costs, associated with the transfer of
land under subsection (a).
SEC. 8379. JOHN P. MURTHA LOCKS AND DAM.
(a) Designation.--Locks and Dam 4, Monongahela River, Pennsylvania,
authorized by section 101(18) of the Water Resources Development Act of
1992 (106 Stat. 4803), and commonly known as the ``Charleroi Locks and
Dam'', shall be known and designated as the ``John P. Murtha Locks and
Dam''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the locks and dam
referred to in subsection (a) shall be deemed to be a reference to the
``John P. Murtha Locks and Dam''.
SEC. 8380. TREATMENT OF CERTAIN BENEFITS AND COSTS.
Section 152(a) of the Water Resources Development Act of 2020 (33
U.S.C. 2213a(a)) is amended by striking ``a flood risk management
project that incidentally generates seismic safety benefits in
regions'' and inserting ``a flood risk management or coastal storm risk
management project in a region''.
SEC. 8381. DEBRIS REMOVAL.
Section 3 of the Act of March 2, 1945 (33 U.S.C. 603a), is amended
by striking ``or recreation'' and inserting ``ecosystem restoration, or
recreation''.
SEC. 8382. GENERAL REAUTHORIZATIONS.
(a) Rehabilitation of Existing Levees.--Section 3017(e) of the
Water Resources Reform and Development Act of 2014 (33 U.S.C. 3303a
note) is amended--
(1) by striking ``this subsection'' and inserting ``this
section''; and
(2) by striking ``the date that is 10 years after the date
of enactment of this Act'' and inserting ``December 31, 2028''.
(b) Invasive Species in Alpine Lakes Pilot Project.--Section 507(c)
of the Water Resources Development Act of 2020 (16 U.S.C. 4701 note) is
amended by striking ``2024'' and inserting ``2028''.
(c) Environmental Banks.--Section 309(e) of the Coastal Wetlands
Planning, Protection and Restoration Act (16 U.S.C. 3957(e)) is amended
by striking ``10'' and inserting ``12''.
SEC. 8383. TRANSFER OF EXCESS CREDIT.
Section 1020 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2223) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Studies and projects with multiple non-federal
interests.--A credit described in paragraph (1) for a study or
project with multiple non-Federal interests may be applied to
the required non-Federal cost share for a study or project of
any such non-Federal interest, if each such non-Federal
interest agrees in writing to such application.'';
(2) in subsection (b), by adding at the end the following:
``(3) Conditional approval of excess credit.--
Notwithstanding paragraph (2)(A)(ii), the Secretary may approve
credit in excess of the non-Federal share for a study or
project prior to the identification of each authorized study or
project to which the excess credit will be applied, subject to
the condition that the non-Federal interest agrees to submit
for approval by the Secretary an amendment to the comprehensive
plan prepared under paragraph (2) that identifies each
authorized study or project in advance of execution of the
feasibility cost-sharing agreement or project partnership
agreement for that authorized study or project.'';
(3) in subsection (d), by striking ``10 years after the
date of enactment of this Act'' and inserting ``on December 31,
2028''; and
(4) in subsection (e)(1)(B), by striking ``10 years after
the date of enactment of this Act'' and inserting ``December
31, 2028''.
SEC. 8384. TREATMENT OF CREDIT BETWEEN PROJECTS.
Section 7007(d) of the Water Resources Development Act of 2007 (121
Stat. 1277; 128 Stat. 1226) is amended by inserting ``, or may be
applied to reduce the amounts required to be paid by the non-Federal
interest under the terms of the deferred payment agreements entered
into between the Secretary and the non-Federal interest for the
projects authorized by section 7012(a)(1)'' before the period at the
end.
SEC. 8385. NON-FEDERAL PAYMENT FLEXIBILITY.
Section 103(l) of the Water Resources Development Act of 1986 (33
U.S.C. 2213(l)) is amended--
(1) in the subsection heading, by striking ``Initial'';
(2) in the first sentence, by striking ``At the request
of'' and inserting the following:
``(1) Initial payment.--At the request of''; and
(3) by adding at the end the following:
``(2) Interest.--
``(A) In general.--At the request of any non-
Federal interest, the Secretary may waive the accrual
of interest on any non-Federal cash contribution under
this section or section 101 for a project for a period
of not more than 1 year if the Secretary determines
that--
``(i) the waiver will contribute to the
ability of the non-Federal interest to make
future contributions; and
``(ii) the non-Federal interest is in good
standing under terms agreed to under subsection
(k)(1).
``(B) Limitations.--The Secretary may grant not
more than 1 waiver under subparagraph (A) for the same
project.''.
SEC. 8386. COASTAL COMMUNITY FLOOD CONTROL AND OTHER PURPOSES.
Section 103(k)(4) of the Water Resources Development Act of 1986
(33 U.S.C. 2213(k)(4)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margins
appropriately;
(2) in the matter preceding clause (i) (as so
redesignated), by striking ``Notwithstanding'' and inserting
the following:
``(A) In general.--Notwithstanding'';
(3) in clause (i) (as so redesignated)--
(A) by striking ``$200 million'' and inserting
``$200,000,000''; and
(B) by striking ``and'' at the end;
(4) in clause (ii) (as so redesignated)--
(A) by inserting ``an amount equal to \2/3\ of''
after ``repays''; and
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(iii) the non-Federal interest
repays the balance of remaining
principal by June 1, 2032.''; and
(5) by adding at the end the following:
``(B) Repayment options.--Repayment of a non-
Federal contribution under subparagraph (A)(iii) may be
satisfied through the provision by the non-Federal
interest of fish and wildlife mitigation for one or
more projects or separable elements, if the Secretary
determines that--
``(i) the non-Federal interest has incurred
costs for the provision of mitigation that--
``(I) equal or exceed the amount of
the required repayment; and
``(II) are in excess of any
required non-Federal contribution for
the project or separable element for
which the mitigation is provided; and
``(ii) the mitigation is integral to the
project for which it is provided.''.
SEC. 8387. NATIONAL LEVEE SAFETY PROGRAM.
(a) Definition of Rehabilitation.--Section 9002(13) of the Water
Resources Development Act of 2007 (33 U.S.C. 3301(13)) is amended--
(1) by striking ``The term'' and inserting the following:
``(A) In general.--The term'';
(2) by inserting ``, increase resiliency to extreme weather
events,'' after ``flood risk''; and
(3) by adding at the end the following:
``(B) Inclusions.--The term `rehabilitation'
includes improvements to a levee in conjunction with
any repair, replacement, reconstruction, or
reconfiguration.''.
(b) Levee Safety Initiative.--Section 9005(g)(2)(E)(i) of the Water
Resources Development Act of 2007 (33 U.S.C. 3303a(g)(2)(E)(i)) is
amended by striking ``2023'' and inserting ``2028''.
(c) Levee Rehabilitation Assistance Program.--Section 9005(h) of
the Water Resources Development Act of 2007 (33 U.S.C. 3303a(h)) is
amended--
(1) in paragraph (1), by inserting ``and levee
rehabilitation'' after ``mitigation'';
(2) in paragraph (7), by striking ``$10,000,000'' and
inserting ``$25,000,000''; and
(3) by adding at the end the following:
``(11) Prioritization.--To the maximum extent practicable,
the Secretary shall prioritize the provision of assistance
under this subsection to economically disadvantaged communities
(as defined by the Secretary under section 160 of the Water
Resources Development Act of 2020 (33 U.S.C. 2201 note)),
including economically disadvantaged communities located in
urban and rural areas.''.
SEC. 8388. SURPLUS WATER CONTRACTS AND WATER STORAGE AGREEMENTS.
Section 1046(c) of the Water Resources Reform and Development Act
of 2014 (128 Stat. 1254; 132 Stat. 3784; 134 Stat. 2715) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
SEC. 8389. WATER SUPPLY STORAGE REPAIR, REHABILITATION, AND REPLACEMENT
COSTS.
Section 301(b) of the Water Supply Act of 1958 (43 U.S.C. 390b(b))
is amended, in the fourth proviso, by striking the second sentence and
inserting the following: ``For Corps of Engineers projects, all annual
operation and maintenance costs for municipal and industrial water
supply storage under this section shall be reimbursed from State or
local interests on an annual basis, and all repair, rehabilitation, and
replacement costs for municipal and industrial water supply storage
under this section shall be reimbursed from State or local interests
(1) without interest, during construction of the repair,
rehabilitation, or replacement, (2) with interest, in lump sum on the
completion of the repair, rehabilitation, or replacement, or (3) at the
request of the State or local interest, with interest, over a period of
not more than 25 years beginning on the date of completion of the
repair, rehabilitation, or replacement, with repayment contracts
providing for recalculation of the interest rate at 5-year intervals.
At the request of the State or local interest, the Secretary of the
Army shall amend a repayment contract entered into under this section
on or before the date of enactment of this sentence for the purpose of
incorporating the terms and conditions described in paragraph (3) of
the preceding sentence.''.
SEC. 8390. ABANDONED AND INACTIVE NONCOAL MINE RESTORATION.
Section 560 of the Water Resources Development Act of 1999 (33
U.S.C. 2336) is amended--
(1) in subsection (c), by inserting ``, on land held in
trust by the Secretary of the Interior on behalf of, and for
the benefit of, an Indian Tribe, or on restricted land of any
Indian Tribe,'' after ``land owned by the United States''; and
(2) in subsection (e)--
(A) by striking ``Rehabilitation'' and inserting
``Restoration''; and
(B) by striking ``Sacramento'' and inserting
``Albuquerque''; and
(3) in subsection (f), by striking ``$30,000,000'' and
inserting ``$50,000,000''.
SEC. 8391. ASIAN CARP PREVENTION AND CONTROL PILOT PROGRAM.
Section 509(a)(2) of the Water Resources Development Act of 2020
(33 U.S.C. 610 note) is amended--
(1) in subparagraph (A), by striking ``or Tennessee River
Watershed'' and inserting ``, Tennessee River Watershed, or
Tombigbee River Watershed''; and
(2) in subparagraph (C)(i), by inserting ``, of which not
fewer than 1 shall be carried out on the Tennessee-Tombigbee
Waterway'' before the period at the end.
SEC. 8392. ENHANCED DEVELOPMENT PROGRAM.
The Secretary shall fully implement opportunities for enhanced
development at lakes located primarily in the State of Oklahoma under
the authorities provided in section 3134 of the Water Resources
Development Act of 2007 (121 Stat. 1142; 130 Stat. 1671) and section
164 of the Water Resources Development Act of 2020 (134 Stat. 2668).
SEC. 8393. RECREATIONAL OPPORTUNITIES AT CERTAIN PROJECTS.
(a) Definitions.--In this section:
(1) Covered project.--The term ``covered project'' means
any of the following projects of the Corps of Engineers:
(A) Ball Mountain Lake, Vermont, authorized by
section 203 of the Flood Control Act of 1954 (68 Stat.
1257).
(B) Townshend Lake, Vermont, authorized by section
203 of the Flood Control Act of 1954 (68 Stat. 1257).
(2) Recreation.--The term ``recreation'' includes
downstream whitewater recreation that is dependent on
operations, recreational fishing, and boating at a covered
project.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary should--
(1) ensure that, to the extent compatible with other
project purposes, each covered project is operated in such a
manner as to protect and enhance recreation associated with the
covered project; and
(2) manage land at each covered project to improve
opportunities for recreation at the covered project.
(c) Modification of Water Control Plans.--The Secretary may modify,
or undertake temporary deviations from, the water control plan for a
covered project in order to enhance recreation, if the Secretary
determines the modifications or deviations--
(1) will not adversely affect other authorized purposes of
the covered project; and
(2) will not result in significant adverse impacts to the
environment.
SEC. 8394. FEDERAL ASSISTANCE.
Section 1328(c) of the Water Resources Development Act of 2018 (132
Stat. 3826) is amended by striking ``4 years'' and inserting ``8
years''.
SEC. 8395. MISSISSIPPI RIVER MAT SINKING UNIT.
The Secretary shall expedite the replacement of the Mississippi
River mat sinking unit.
SEC. 8396. SENSE OF CONGRESS ON LEASE AGREEMENT.
It is the sense of Congress that the lease agreement for land and
water areas within the Prado Flood Control Basin Project Area entered
into between the Secretary and the City of Corona, California, for
operations of the Corona Municipal Airport (Recreation Lease No.
DACW09-1-67-60), is a valid lease of land at a water resources
development project under section 4 of the Act of December 22, 1944 (16
U.S.C. 460d).
SEC. 8397. EXPEDITED COMPLETION OF PROJECTS AND STUDIES.
(a) Authorized Projects and Studies.--The Secretary shall, to the
maximum extent practicable, expedite completion of the following
projects and studies:
(1) Projects.--
(A) Project for Juneau and Auke Bay, Floating Wave
Attenuator, Alaska, authorized pursuant to section 204
of the Flood Control Act of 1948 (62 Stat. 1181).
(B) Project for flood risk management, Little
Colorado River at Winslow, Navajo County, Arizona,
authorized by section 401(2) of the Water Resources
Development Act of 2020 (134 Stat. 2735).
(C) Project for flood damage reduction, Rio de
Flag, Flagstaff, Arizona, authorized by section
101(b)(3) of the Water Resources Development Act of
2000 (114 Stat. 2576).
(D) Project for navigation, including maintenance
and channel deepening, McClellan-Kerr Arkansas River,
authorized under the comprehensive plan for the
Arkansas River Basin by section 3 of the Act of June
28, 1938 (chapter 795, 52 Stat. 1218; 60 Stat. 634; 60
Stat. 647; 101 Stat. 1329-112; 117 Stat. 1842).
(E) Project for environmental restoration, Hamilton
Airfield, California, authorized by section 101(b)(3)
of the Water Resources Development Act of 1999 (113
Stat. 279; 121 Stat. 1110).
(F) Project for flood damage reduction and
environmental restoration, Middle Creek, Lake County,
California, authorized by section 1001(11) of the Water
Resources Development Act of 2007 (121 Stat. 1051).
(G) The San Francisco Bay Beneficial Use Pilot
Project, California, being carried out under section
1122 of the Water Resources Development Act of 2016
(130 Stat. 1645).
(H) Project for flood risk management, ecosystem
restoration, and recreation, South San Francisco Bay
Shoreline, California, authorized by section 1401(6) of
the Water Resources Development Act of 2016 (130 Stat.
1714).
(I) Projects for ecosystem restoration included in
the comprehensive Chesapeake Bay restoration plan
developed under the Chesapeake Bay Environmental
Restoration and Protection Program, authorized by
section 510 of the Water Resources Development Act of
1996 (110 Stat. 3759; 121 Stat. 1202; 128 Stat. 1317).
(J) Maintenance dredging and other authorized
activities to address the impacts of shoaling affecting
the project for navigation, Branford Harbor and
Branford River, Branford, Connecticut, authorized by
the first section of the Act of June 13, 1902 (chapter
1079, 32 Stat. 333).
(K) Maintenance dredging and other authorized
activities to address the impacts of shoaling affecting
the project for navigation, Guilford Harbor and Sluice
Channel, Connecticut, authorized by section 2 of the
Act of March 2, 1945 (chapter 19, 59 Stat. 13).
(L) Maintenance dredging and other authorized
activities to address the impacts of shoaling affecting
the project for navigation, Milford Harbor,
Connecticut, authorized by the first section of the Act
of June 23, 1874 (chapter 457, 18 Stat. 241).
(M) Project for ecosystem restoration at Bay Point
dredge hole, Tampa Bay, Florida.
(N) Project for ecosystem restoration, Central and
Southern Florida, Everglades Agricultural Area,
authorized by section 1308 of the Water Resources
Development Act of 2018 (132 Stat. 3819; 134 Stat.
2709).
(O) An update to the water control manual for
Melvin Price Locks and Dam, Illinois, authorized by
section 102 of Public Law 95-502 (92 Stat. 1695; 95
Stat. 1634).
(P) Projects for the restoration of the Illinois
River Basin, carried out pursuant to section 519 of the
Water Resources Development Act of 2000 (114 Stat.
2653; 121 Stat. 1221).
(Q) Projects for ecosystem restoration, Upper
Mississippi River and Illinois Waterway System,
authorized pursuant to title VIII of the Water
Resources Development Act of 2007 (33 U.S.C. 652 note).
(R) Project for navigation, Kentucky Lock Addition,
Kentucky, authorized by section 101(a)(13) of the Water
Resources Development Act of 1996 (110 Stat. 3664).
(S) Project for flood damage reduction, Lower
Jefferson Parish, Louisiana, authorized by section 7016
of the Water Resources Development Act of 2007 (121
Stat. 1282).
(T) The portion of the project for flood control
and other purposes, Cumberland, Maryland, consisting of
the restoration of the historic Chesapeake and Ohio
Canal, authorized by section 5 of the Act of June 22,
1936 (chapter 6881, 49 Stat. 1574; 113 Stat. 375).
(U) Project for flood control, Ecorse Creek, Wayne
County, Michigan, authorized by section 101(a)(14) of
the Water Resources Development Act of 1990 (104 Stat.
4607).
(V) Projects for ecosystem restoration, Salt River
Marsh Coastal Habitat, Lake St. Clair, Michigan,
authorized pursuant to section 506 of the Water
Resources Development Act of 2000 (42 U.S.C. 1962d-22).
(W) Assistance for ecosystem restoration, Lower
Yellowstone Intake Diversion Dam, Montana, authorized
pursuant to section 3109 of the Water Resources
Development Act of 2007 (121 Stat. 1135).
(X) Maintenance dredging and other authorized
activities to address the impacts of shoaling affecting
the project for navigation, Portsmouth Harbor and
Piscataqua River, Maine and New Hampshire, authorized
by section 101 of the River and Harbor Act of 1962 (76
Stat. 1173).
(Y) Project for flood risk management, Tulsa and
West-Tulsa Levee System, Tulsa County, Oklahoma,
authorized by section 401(2) of the Water Resources
Development Act of 2020 (134 Stat. 2735).
(Z) Project for flood risk management, Rio
Guayanilla, Puerto Rico, authorized by section 401(2)
of the Water Resources Development Act of 2020 (134
Stat. 2736).
(AA) Projects for critical restoration, Missouri
River Restoration, South Dakota, included in the plan
developed under section 905(e) of the Water Resources
Development Act of 2000 (114 Stat. 2707).
(BB) Project for water quality control, Red River
Basin Chloride Control Area VIII, Texas, authorized
pursuant to section 203 of the Flood Control Act of
1966 (80 Stat. 1420).
(CC) Dredging for projects at Port of Galveston for
Turning Basin 2 project, Royal Terminal, Galveston Bay,
Galveston, Texas, authorized pursuant to section
1401(1) of the Water Resources Development Act of 2018
(132 Stat. 3836).
(DD) Project for dam safety modifications,
Bluestone Dam, West Virginia, authorized pursuant to
section 5 of the Act of June 22, 1936 (chapter 688, 49
Stat. 1586).
(EE) The development and implementation of a
sediment management plan at Big Horn Lake, Wyoming,
pursuant to section 1179(a) of the Water Resources
Development Act of 2016 (130 Stat. 1675).
(FF) Projects authorized by section 219 of the
Water Resources Development Act of 1992.
(2) Studies.--
(A) Feasibility study of modifications to the
portion of the project for flood control, water
conservation, and related purposes, Russian River
Basin, California, consisting of the Coyote Valley Dam,
authorized by section 204 of the Flood Control Act of
1950 (64 Stat. 177; 130 Stat. 1682), to add
environmental restoration as a project purpose and to
increase water supply and improve reservoir operations.
(B) Feasibility study of modifications to the
portion of the project for flood control, Santa Ana
River Mainstem, California, consisting of Seven Oaks
Dam, California, authorized by section 401(a) of the
Water Resources Development Act of 1986 (100 Stat.
4113; 101 Stat. 1329-111; 104 Stat. 4611; 110 Stat.
3713; 121 Stat. 1115), to include water conservation as
an authorized purpose.
(C) Feasibility study of modifications to the
project for flood control, Redbank and Fancher Creeks,
California, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4112).
(D) The update of hydrological modeling of the Fox
River Basin, Illinois.
(E) Feasibility study of modifications to the
channel depths and dimensions pursuant to section 5 of
the Act of March 4, 1915 (33 U.S.C. 562) for the
project for navigation, Miami Harbor Channel, Florida,
authorized by section 101 of the Water Resources
Development Act of 1990 (104 Stat. 4606).
(F) A comprehensive 50-year review of the Kaskaskia
River Navigation Project, Illinois, pursuant to section
216 of the Flood Control Act of 1970 (33 U.S.C. 549a).
(G) Feasibility study for the Mississippi River and
Tributaries project, to include the portion of the
Ouachita River Levee System at and below Monroe,
Louisiana to Caldwell Parish, Louisiana, authorized by
section 204(b) of the Water Resources and Development
Act of 2020 (134 Stat. 2678).
(H) Feasibility study for the project for ecosystem
restoration and flood risk management at Coldwater
Creek, Missouri, authorized pursuant to section 1202(b)
of the Water Resources Development Act of 2018 (132
Stat. 3803).
(I) Feasibility study for the project for ecosystem
restoration and flood risk management at Maline Creek,
Missouri, authorized pursuant to section 1202(b) of the
Water Resources Development Act of 2018 (132 Stat.
3803).
(J) Feasibility study for the project for flood
protection at the Truman Lake Visitor Center, Warsaw,
Missouri, authorized by section 203 of the Flood
Control Act of 1954 (68 Stat. 1262; 84 Stat. 265).
(K) Feasibility study for an updated hydrologic
analysis for the town of Estancia, Torrance County, New
Mexico.
(L) Feasibility study for water supply to reduce
water consumption from the Arbuckle Simpson Aquifer,
Oklahoma, utilizing reserved municipal water supply
within the Corps of Engineers-owned lakes, pursuant to
section 838 of the Water Resources Development Act of
1986 (100 Stat. 4174).
(b) Continuing Authorities Programs.--The Secretary shall, to the
maximum extent practicable, expedite completion of the following
projects and studies:
(1) Projects for flood control under section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s) for the following
areas:
(A) Lower Santa Cruz River, Arizona.
(B) McCormick Wash, Arizona.
(C) Rose and Palm Garden Washes, Arizona.
(D) The Santa Rosa Canal Alternative Conveyance
Project, Arizona.
(E) Southern Maricopa County, in the vicinity of
the Ak-Chin Reservation, Arizona.
(F) Nancy Creek, Georgia.
(G) Peachtree Creek, Georgia.
(H) Sugar Creek, Georgia.
(I) South River Basin, Georgia.
(J) Passaic River, New Jersey.
(K) Salt River Marsh Coastal Habitat, Lake St.
Clair, Michigan.
(L) Blind Brook, Rye, New York.
(M) Aibonito Creek and vicinity, Puerto Rico.
(N) Canovanas River, Puerto Rico.
(O) Municipality of Orocovis, Puerto Rico.
(P) Municipality of San Sebastian, Puerto Rico.
(Q) Municipality of Villalba, Puerto Rico.
(R) Rio Inabon, Ponce, Puerto Rico.
(S) Yauco River and Berrenchin Stream, Puerto Rico.
(2) Projects for navigation under section 107 of the River
and Harbor Act of 1960 (33 U.S.C. 577) for the following areas:
(A) Sebewaing River, Port Sanilac Harbor, Lexington
Harbor, and Harbor Beach Harbor, Michigan.
(B) Portsmouth Back Channels and Sagamore Creek,
Portsmouth, New Castle, and Rye, New Hampshire.
(C) Sturgeon Point Marina, New York.
(D) Davis Creek and Mobjack Bay, Mathews County,
Virginia.
(3) Project for aquatic ecosystem restoration under section
206 of the Water Resources Development Act of 1996 (33 U.S.C.
2330) for the following areas:
(A) El Corazon, Arizona.
(B) San Pedro River, Cochise County and vicinity,
Arizona, including review of recharge facilities that
preserve water flows and habitats.
(4) Project modifications for improvement of the
environment under section 1135 of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a) for the towns of
Quincy and Braintree, Massachusetts, for fish passage on the
Smelt Brook.
(5) Project for the removal of obstructions and clearing
channels for flood control under section 2 of the Act of August
28, 1937 (33 U.S.C. 701g) for the Passaic River, New Jersey.
(6) Project for shoreline erosion protection of public
works under section 14 of the Flood Control Act of 1946 (33
U.S.C. 701r) and for beach erosion and storm damage reduction
under section 3 of the Act of August 13, 1946 (33 U.S.C. 426g)
for Buffalo, New York.
(7) Project for beach erosion and storm damage reduction
under section 3 of the Act of August 13, 1946 (33 U.S.C. 426g)
for West Haven, Connecticut.
Subtitle D--Water Resources Infrastructure
SEC. 8401. PROJECT AUTHORIZATIONS.
The following projects for water resources development and
conservation and other purposes, as identified in the reports titled
``Report to Congress on Future Water Resources Development'' submitted
to Congress pursuant to section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by
Congress, are authorized to be carried out by the Secretary
substantially in accordance with the plans, and subject to the
conditions, described in the respective reports or decision documents
designated in this section:
(1) Navigation.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. AK Elim Subsistence March 12, Federal: $99,057,000
Harbor Study, 2021 Non-Federal: $2,517,000
Elim Total: $101,574,000
------------------------------------------------------------------------
2. CA Port of Long Beach October 14, Federal: $87,063,000
Deep Draft 2021 and May Non-Federal: $88,724,000
Navigation, Los 31, 2022 Total: $175,787,000
Angeles County
------------------------------------------------------------------------
3. GA Brunswick Harbor March 11, Federal: $10,555,500
Modifications, 2022 Non-Federal: $5,680,500
Glynn County Total: $16,236,000
------------------------------------------------------------------------
4. NY, New York -- New June 3, 2022 Federal: $2,408,268,000
NJ Jersey Harbor Non-Federal: $3,929,279,000
Deepening Channel Total: $6,337,547,000
Improvements
------------------------------------------------------------------------
5. WA Tacoma Harbor May 26, 2022 Federal: $140,022,000
Navigation Non-Federal: $203,561,000
Improvement Total: $343,583,000
Project
------------------------------------------------------------------------
(2) Flood risk management.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. AL Selma Flood Risk October 7, Federal: $16,978,000
Management and 2021 Non-Federal: $9,142,000
Bank Total: $26,120,000
Stabilization
------------------------------------------------------------------------
2. AL Valley Creek Flood October 29, Federal: $21,993,000
Risk Management, 2021 Non-Federal: $11,906,000
Bessemer and Total: $33,899,000
Birmingham
------------------------------------------------------------------------
3. CA Lower Cache Creek, June 21, 2021 Federal: $238,151,550
Yolo County, Non-Federal: $128,235,450
Woodland and Total: $366,387,000
Vicinity
------------------------------------------------------------------------
4. NE Papillion Creek January 24, Federal: $100,618,000
and Tributaries 2022 Non-Federal: $57,359,000
Lakes Total: $157,977,000
------------------------------------------------------------------------
5. OR Portland Metro August 20, Federal: $89,708,000
Levee System 2021 Non-Federal: $48,304,000
Total: $138,012,000
------------------------------------------------------------------------
6. PR Rio Guanajibo May 24, 2022 Federal: $184,778,000
Flood Risk Non-Federal: $0
Management, Total: $184,778,000
Mayaguez,
Hormigueros, and
San German
------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. CT Fairfield and New January 19, Federal: $107,350,000
Haven Counties 2021 Non-Federal: $57,804,000
Coastal Storm Total: $165,154,000
Risk Management
------------------------------------------------------------------------
2. FL Florida Keys, September 24, Federal: $1,774,631,000
Monroe County, 2021 Non-Federal: $955,570,000
Coastal Storm Total: $2,730,201,000
Risk Management
------------------------------------------------------------------------
3. FL Miami-Dade County, September 26, Initial Federal:
Main Segment, 2022 $25,091,000
Coastal Storm Initial Non-Federal:
Risk Management $18,470,000
Total: $43,561,000
Renourishment Federal:
$143,874,000
Renourishment Non-Federal:
$180,898,000
Renourishment Total:
$324,772,000
------------------------------------------------------------------------
4. FL Okaloosa County, October 7, Initial Federal:
Coastal Storm 2021 $21,274,025
Risk Management Initial Non-Federal:
$12,379,975
Total: $33,654,000
Renourishment Federal:
$76,345,000
Renourishment Non-Federal:
$79,292,000
Renourishment Total:
$155,637,000
------------------------------------------------------------------------
5. FL Pinellas County, October 29, Initial Federal: $6,097,000
Treasure Island 2021 Initial Non-Federal:
and Long Key $9,864,000
Segments, Coastal Total: $15,961,000
Storm Risk Renourishment Federal:
Management $115,551,000
Renourishment Non-Federal:
$104,540,000
Renourishment Total:
$220,091,000
------------------------------------------------------------------------
6. LA South Central June 23, 2022 Federal: $809,297,450
Coast, Louisiana Non-Federal: $435,775,550
Hurricane and Total: $1,245,073,000
Storm Damage Risk
Reduction
------------------------------------------------------------------------
7. LA Upper Barataria January 28, Federal: $1,184,472,250
Basin Hurricane 2022 Non-Federal: $637,792,750
and Storm Damage Total: $1,822,265,000
Risk Reduction
------------------------------------------------------------------------
8. NY South Shore of October 27, Federal: $1,086,000,000
Staten Island, 2016 Non-Federal: $585,000,000
Fort Wadsworth to Total: $1,671,000,000
Oakwood Beach,
Coastal Storm
Risk Management
------------------------------------------------------------------------
9. PR San Juan September 16, Federal: $288,294,000
Metropolitan Area 2021 Non-Federal: $155,235,000
Coastal Storm Total: $443,529,000
Risk Management
------------------------------------------------------------------------
10. SC Charleston June 10, 2022 Federal: $828,657,050
Peninsula, Non-Federal: $446,199,950
Coastal Storm Total: $1,274,857,000
Risk Management
------------------------------------------------------------------------
11. SC Folly Beach, October 26, Initial Federal:
Coastal Storm 2021 $49,919,000
Risk Management Initial Non-Federal:
$5,546,000
Total: $55,465,000
Renourishment Federal:
$180,433,000
Renourishment Non-Federal:
$29,373,000
Renourishment Total:
$209,806,000
------------------------------------------------------------------------
(4) Flood risk management and ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. TX Coastal Texas September 16, Federal: $21,380,214,000
Protection and 2021 Non-Federal:
Restoration $12,999,708,000
Total: $34,379,922,000
------------------------------------------------------------------------
(5) Ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. CA Prado Basin April 22, Federal: $35,265,100
Ecosystem 2021 Non-Federal: $22,373,900
Restoration, San Total: $57,639,000
Bernardino,
Riverside and
Orange Counties
------------------------------------------------------------------------
2. KY Three Forks of May 24, 2022 Federal: $77,352,671
Beargrass Creek Non-Federal: $52,539,940
Ecosystem Total: $129,892,611
Restoration,
Louisville
------------------------------------------------------------------------
(6) Modifications and other projects.--
------------------------------------------------------------------------
C. Date of
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. DC Washington, D.C. July 22, 2021 Federal: $19,830,000
and Vicinity Non-Federal: $0
Flood Risk Total: $19,830,000
Management
------------------------------------------------------------------------
2. FL Central and June 30, 2022 Federal: $2,707,950,500
Southern Florida, Non-Federal: $2,707,950,500
Indian River Total: $5,415,901,000
Lagoon
------------------------------------------------------------------------
3. LA Lake Pontchartrain December 16, Federal: $950,303,250
and Vicinity 2021 Non-Federal: $511,701,750
Total: $1,462,005,000
------------------------------------------------------------------------
4. LA West Bank and December 17, Federal: $508,337,700
Vicinity 2021 Non-Federal: $273,720,300
Total: $782,058,000
------------------------------------------------------------------------
5. MI New Soo Lock June 6, 2022 Federal: $3,218,944,000
Construction Non-Federal: $0
Project, Sault Total: $3,218,944,000
Ste. Marie,
Chippewa County
------------------------------------------------------------------------
6. WA Howard A. Hanson May 19, 2022 Federal: $878,530,000
Dam, Water Supply Non-Federal: $43,085,000
and Ecosystem Total: $921,615,000
Restoration
------------------------------------------------------------------------
SEC. 8402. SPECIAL RULES.
(a) South Shore of Staten Island, New York.--The Federal share of
any portion of the cost to design and construct the project for coastal
storm risk management, South Shore of Staten Island, Fort Wadsworth to
Oakwood Beach, New York, authorized by this Act, that exceeds the
estimated total project cost specified in the project partnership
agreement for the project, signed by the Secretary on February 15,
2019, shall be 90 percent.
(b) Charleston Peninsula, South Carolina.--
(1) In general.--Not later than 90 days after the last day
of the covered period, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate, a request for deauthorization of the
project for hurricane and storm damage risk reduction,
Charleston Peninsula, South Carolina, authorized by this Act,
if the non-Federal interest has not entered into a project
partnership agreement for the project, or a separable element
of the project, prior to such last day.
(2) Definition of covered period.--In this subsection, the
term ``covered period'' means the period beginning on the date
of enactment of this Act and ending on the date that is--
(A) 10 years after the date of enactment of this
Act; or
(B) 10 years after the date on which a design
agreement for the project described in paragraph (1) is
executed, if such design agreement is executed prior to
the date that is 10 years after the date of enactment
of this Act.
SEC. 8403. FACILITY INVESTMENT.
(a) In General.--Subject to subsection (b), using amounts available
in the revolving fund established by the first section of the Civil
Functions Appropriations Act, 1954 (33 U.S.C. 576), and not otherwise
obligated, the Secretary may--
(1) design and construct the lab and office facility for a
Mandatory Center of Expertise in Branson, Missouri, described
in the prospectus submitted to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate on June
10, 2022, pursuant to subsection (c) of such Act (33 U.S.C.
576(c)), substantially in accordance with such prospectus; and
(2) carry out such construction and infrastructure
improvements as are required to support such lab and office
facility, including any necessary demolition of the existing
infrastructure.
(b) Requirement.--In carrying out subsection (a), the Secretary
shall ensure that the revolving fund established by the first section
of the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576) is
appropriately reimbursed from funds appropriated for Corps of Engineers
programs that benefit from the lab and office facility constructed
under this section.
TITLE LXXXV--CLEAN WATER
Sec. 8501. Regional water programs.
Sec. 8502. Nonpoint source management programs.
Sec. 8503. Wastewater assistance to colonias.
SEC. 8501. REGIONAL WATER PROGRAMS.
(a) San Francisco Bay Restoration Grant Program.--Title I of the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended
by adding at the end the following:
``SEC. 125. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Estuary partnership.--The term `Estuary Partnership'
means the San Francisco Estuary Partnership, designated as the
management conference for the San Francisco Bay under section
320.
``(2) San francisco bay plan.--The term `San Francisco Bay
Plan' means--
``(A) until the date of the completion of the plan
developed by the Director under subsection (d), the
comprehensive conservation and management plan approved
under section 320 for the San Francisco Bay estuary;
and
``(B) on and after the date of the completion of
the plan developed by the Director under subsection
(d), the plan developed by the Director under
subsection (d).
``(b) Program Office.--
``(1) Establishment.--The Administrator shall establish in
the Environmental Protection Agency a San Francisco Bay Program
Office. The Office shall be located at the headquarters of
Region 9 of the Environmental Protection Agency.
``(2) Appointment of director.--The Administrator shall
appoint a Director of the Office, who shall have management
experience and technical expertise relating to the San
Francisco Bay and be highly qualified to direct the development
and implementation of projects, activities, and studies
necessary to implement the San Francisco Bay Plan.
``(3) Delegation of authority; staffing.--The Administrator
shall delegate to the Director such authority and provide such
staff as may be necessary to carry out this section.
``(c) Annual Priority List.--
``(1) In general.--After providing public notice, the
Director shall annually compile a priority list, consistent
with the San Francisco Bay Plan, identifying and prioritizing
the projects, activities, and studies to be carried out with
amounts made available under subsection (e).
``(2) Inclusions.--The annual priority list compiled under
paragraph (1) shall include the following:
``(A) Projects, activities, and studies, including
restoration projects and habitat improvement for fish,
waterfowl, and wildlife, that advance the goals and
objectives of the San Francisco Bay Plan, for--
``(i) water quality improvement, including
the reduction of marine litter;
``(ii) wetland, riverine, and estuary
restoration and protection;
``(iii) nearshore and endangered species
recovery; and
``(iv) adaptation to climate change.
``(B) Information on the projects, activities, and
studies specified under subparagraph (A), including--
``(i) the identity of each entity receiving
assistance pursuant to subsection (e); and
``(ii) a description of the communities to
be served.
``(C) The criteria and methods established by the
Director for identification of projects, activities,
and studies to be included on the annual priority list.
``(3) Consultation.--In compiling the annual priority list
under paragraph (1), the Director shall consult with, and
consider the recommendations of--
``(A) the Estuary Partnership;
``(B) the State of California and affected local
governments in the San Francisco Bay estuary watershed;
``(C) the San Francisco Bay Restoration Authority;
and
``(D) any other relevant stakeholder involved with
the protection and restoration of the San Francisco Bay
estuary that the Director determines to be appropriate.
``(d) San Francisco Bay Plan.--
``(1) In general.--Not later than 5 years after the date of
enactment of this section, the Director, in conjunction with
the Estuary Partnership, shall review and revise the
comprehensive conservation and management plan approved under
section 320 for the San Francisco Bay estuary to develop a plan
to guide the projects, activities, and studies of the Office to
address the restoration and protection of the San Francisco
Bay.
``(2) Revision of san francisco bay plan.--Not less often
than once every 5 years after the date of the completion of the
plan described in paragraph (1), the Director shall review, and
revise as appropriate, the San Francisco Bay Plan.
``(3) Outreach.--In carrying out this subsection, the
Director shall consult with the Estuary Partnership and Indian
tribes and solicit input from other non-Federal stakeholders.
``(e) Grant Program.--
``(1) In general.--The Director may provide funding through
cooperative agreements, grants, or other means to State and
local agencies, special districts, and public or nonprofit
agencies, institutions, and organizations, including the
Estuary Partnership, for projects, activities, and studies
identified on the annual priority list compiled under
subsection (c).
``(2) Maximum amount of grants; non-federal share.--
``(A) Maximum amount of grants.--Amounts provided
to any entity under this section for a fiscal year
shall not exceed an amount equal to 75 percent of the
total cost of any projects, activities, and studies
that are to be carried out using those amounts.
``(B) Non-federal share.--Not less than 25 percent
of the cost of any project, activity, or study carried
out using amounts provided under this section shall be
provided from non-Federal sources.
``(f) Funding.--
``(1) Administrative expenses.--Of the amount made
available to carry out this section for a fiscal year, the
Director may not use more than 5 percent to pay administrative
expenses incurred in carrying out this section.
``(2) Prohibition.--No amounts made available under this
section may be used for the administration of a management
conference under section 320.''.
(b) Puget Sound Coordinated Recovery.--Title I of the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.) is further amended by
adding at the end the following:
``SEC. 126. PUGET SOUND.
``(a) Definitions.--In this section:
``(1) Coastal nonpoint pollution control program.--The term
`Coastal Nonpoint Pollution Control Program' means the State of
Washington's Coastal Nonpoint Pollution Control Program
approved under section 6217 of the Coastal Zone Act
Reauthorization Amendments of 1990.
``(2) Director.--The term `Director' means the Director of
the Program Office.
``(3) Federal action plan.--The term `Federal Action Plan'
means the plan developed under subsection (c)(3)(B).
``(4) International joint commission.--The term
`International Joint Commission' means the International Joint
Commission established by the Treaty relating to the boundary
waters and questions arising along the boundary between the
United States and Canada, signed at Washington January 11,
1909, and entered into force May 5, 1910 (36 Stat. 2448; TS
548; 12 Bevans 319).
``(5) Pacific salmon commission.--The term `Pacific Salmon
Commission' means the Pacific Salmon Commission established by
the United States and Canada under the Treaty concerning
Pacific salmon, with annexes and memorandum of understanding,
signed at Ottawa January 28, 1985, and entered into force March
18, 1985 (TIAS 11091; 1469 UNTS 357) (commonly known as the
`Pacific Salmon Treaty').
``(6) Program office.--The term `Program Office' means the
Puget Sound Recovery National Program Office established by
subsection (b).
``(7) Puget sound action agenda; action agenda.--The term
`Puget Sound Action Agenda' or `Action Agenda' means the most
recent plan developed by the Puget Sound National Estuary
Program Management Conference, in consultation with the Puget
Sound Tribal Management Conference, and approved by the
Administrator as the comprehensive conservation and management
plan for the Puget Sound under section 320.
``(8) Puget sound federal leadership task force.--The term
`Puget Sound Federal Leadership Task Force' means the Puget
Sound Federal Leadership Task Force established under
subsection (c).
``(9) Puget sound federal task force.--The term `Puget
Sound Federal Task Force' means the Puget Sound Federal Task
Force established in 2016 under a memorandum of understanding
among 9 Federal agencies.
``(10) Puget sound national estuary program management
conference.--The term `Puget Sound National Estuary Program
Management Conference' means the management conference for the
Puget Sound convened pursuant to section 320.
``(11) Puget sound partnership.--The term `Puget Sound
Partnership' means the State agency created under the laws of
the State of Washington (section 90.71.210 of the Revised Code
of Washington), or its successor agency that has been
designated by the Administrator as the lead entity to support
the Puget Sound National Estuary Program Management Conference.
``(12) Puget sound region.--
``(A) In general.--The term `Puget Sound region'
means the land and waters in the northwest corner of
the State of Washington from the Canadian border to the
north to the Pacific Ocean on the west, including Hood
Canal and the Strait of Juan de Fuca.
``(B) Inclusion.--The term `Puget Sound region'
includes all watersheds that drain into the Puget
Sound.
``(13) Puget sound tribal management conference.--The term
`Puget Sound Tribal Management Conference' means the 20 treaty
Indian tribes of western Washington and the Northwest Indian
Fisheries Commission.
``(14) Salish sea.--The term `Salish Sea' means the network
of coastal waterways on the west coast of North America that
includes the Puget Sound, the Strait of Georgia, and the Strait
of Juan de Fuca.
``(15) Salmon recovery plans.--The term `Salmon Recovery
Plans' means the recovery plans for salmon and steelhead
species approved by the Secretary of the Interior under section
4(f) of the Endangered Species Act of 1973 that are applicable
to the Puget Sound region.
``(16) State advisory committee.--The term `State Advisory
Committee' means the advisory committee established by
subsection (d).
``(17) Treaty rights at risk initiative.--The term `Treaty
Rights at Risk Initiative' means the report from the treaty
Indian tribes of western Washington entitled `Treaty Rights At
Risk: Ongoing Habitat Loss, the Decline of the Salmon Resource,
and Recommendations for Change' and dated July 14, 2011, or its
successor report that outlines issues and offers solutions for
the protection of Tribal treaty rights, recovery of salmon
habitat, and management of sustainable treaty and nontreaty
salmon fisheries, including through Tribal salmon hatchery
programs.
``(b) Puget Sound Recovery National Program Office.--
``(1) Establishment.--There is established in the
Environmental Protection Agency a Puget Sound Recovery National
Program Office, to be located in the State of Washington.
``(2) Director.--
``(A) In general.--There shall be a Director of the
Program Office, who shall have leadership and project
management experience and shall be highly qualified
to--
``(i) direct the integration of multiple
project planning efforts and programs from
different agencies and jurisdictions; and
``(ii) align numerous, and possibly
competing, priorities to accomplish visible and
measurable outcomes under the Action Agenda.
``(B) Position.--The position of Director of the
Program Office shall be a career reserved position, as
such term is defined in section 3132 of title 5, United
States Code.
``(3) Delegation of authority; staffing.--Using amounts
made available to carry out this section, the Administrator
shall delegate to the Director such authority and provide such
staff as may be necessary to carry out this section.
``(4) Duties.--The Director shall--
``(A) coordinate and manage the timely execution of
the requirements of this section, including the
formation and meetings of the Puget Sound Federal
Leadership Task Force;
``(B) coordinate activities related to the
restoration and protection of the Puget Sound across
the Environmental Protection Agency;
``(C) coordinate and align the activities of the
Administrator with the Action Agenda, Salmon Recovery
Plans, the Treaty Rights at Risk Initiative, and the
Coastal Nonpoint Pollution Control Program;
``(D) promote the efficient use of Environmental
Protection Agency resources in pursuit of the
restoration and protection of the Puget Sound;
``(E) serve on the Puget Sound Federal Leadership
Task Force and collaborate with, help coordinate, and
implement activities with other Federal agencies that
have responsibilities involving the restoration and
protection of the Puget Sound;
``(F) provide or procure such other advice,
technical assistance, research, assessments,
monitoring, or other support as is determined by the
Director to be necessary or prudent to most efficiently
and effectively fulfill the objectives and priorities
of the Action Agenda, the Salmon Recovery Plans, the
Treaty Rights at Risk Initiative, and the Coastal
Nonpoint Pollution Control Program, consistent with the
best available science, to ensure the health of the
Puget Sound ecosystem;
``(G) track the progress of the Environmental
Protection Agency toward meeting the agency's specified
objectives and priorities within the Action Agenda and
the Federal Action Plan;
``(H) implement the recommendations of the
Comptroller General set forth in the report entitled
`Puget Sound Restoration: Additional Actions Could
Improve Assessments of Progress' and dated July 19,
2018;
``(I) serve as liaison and coordinate activities
for the restoration and protection of the Salish Sea
with Canadian authorities, the Pacific Salmon
Commission, and the International Joint Commission; and
``(J) carry out such additional duties as the
Director determines necessary and appropriate.
``(c) Puget Sound Federal Leadership Task Force.--
``(1) Establishment.--There is established a Puget Sound
Federal Leadership Task Force.
``(2) Membership.--
``(A) Composition.--The Puget Sound Federal
Leadership Task Force shall be composed of the
following members:
``(i) The following individuals appointed
by the Secretary of Agriculture:
``(I) A representative of the
National Forest Service.
``(II) A representative of the
Natural Resources Conservation Service.
``(ii) A representative of the National
Oceanic and Atmospheric Administration
appointed by the Secretary of Commerce.
``(iii) The following individuals appointed
by the Secretary of Defense:
``(I) A representative of the Corps
of Engineers.
``(II) A representative of the
Joint Base Lewis-McChord.
``(III) A representative of the
Commander, Navy Region Northwest.
``(iv) The Director of the Program Office.
``(v) The following individuals appointed
by the Secretary of Homeland Security:
``(I) A representative of the Coast
Guard.
``(II) A representative of the
Federal Emergency Management Agency.
``(vi) The following individuals appointed
by the Secretary of the Interior:
``(I) A representative of the
Bureau of Indian Affairs.
``(II) A representative of the
United States Fish and Wildlife
Service.
``(III) A representative of the
United States Geological Survey.
``(IV) A representative of the
National Park Service.
``(vii) The following individuals appointed
by the Secretary of Transportation:
``(I) A representative of the
Federal Highway Administration.
``(II) A representative of the
Federal Transit Administration.
``(viii) Representatives of such other
Federal agencies, programs, and initiatives as
the other members of the Puget Sound Federal
Leadership Task Force determines necessary.
``(B) Qualifications.--Members appointed under this
paragraph shall have experience and expertise in
matters of restoration and protection of large
watersheds and bodies of water, or related experience
that will benefit the restoration and protection of the
Puget Sound.
``(C) Co-chairs.--
``(i) In general.--The following members of
the Puget Sound Federal Leadership Task Force
shall serve as Co-Chairs of the Puget Sound
Federal Leadership Task Force:
``(I) The representative of the
National Oceanic and Atmospheric
Administration.
``(II) The Director of the Program
Office.
``(III) The representative of the
Corps of Engineers.
``(ii) Leadership.--The Co-Chairs shall
ensure the Puget Sound Federal Leadership Task
Force completes its duties through robust
discussion of all relevant issues. The Co-
Chairs shall share leadership responsibilities
equally.
``(3) Duties.--
``(A) General duties.--The Puget Sound Federal
Leadership Task Force shall--
``(i) uphold Federal trust responsibilities
to restore and protect resources crucial to
Tribal treaty rights, including by carrying out
government-to-government consultation with
Indian tribes when requested by such tribes;
``(ii) provide a venue for dialogue and
coordination across all Federal agencies
represented by a member of the Puget Sound
Federal Leadership Task Force to align Federal
resources for the purposes of carrying out the
requirements of this section and all other
Federal laws that contribute to the restoration
and protection of the Puget Sound, including
by--
``(I) enabling and encouraging such
agencies to act consistently with the
objectives and priorities of the Action
Agenda, the Salmon Recovery Plans, the
Treaty Rights at Risk Initiative, and
the Coastal Nonpoint Pollution Control
Program;
``(II) facilitating the
coordination of Federal activities that
impact such restoration and protection;
``(III) facilitating the delivery
of feedback given by such agencies to
the Puget Sound Partnership during the
development of the Action Agenda;
``(IV) facilitating the resolution
of interagency conflicts associated
with such restoration and protection
among such agencies;
``(V) providing a forum for
exchanging information among such
agencies regarding activities being
conducted, including obstacles or
efficiencies found, during restoration
and protection activities; and
``(VI) promoting the efficient use
of government resources in pursuit of
such restoration and protection through
coordination and collaboration,
including by ensuring that the Federal
efforts relating to the science
necessary for such restoration and
protection are consistent, and not
duplicative, across the Federal
Government;
``(iii) catalyze public leaders at all
levels to work together toward shared goals by
demonstrating interagency best practices coming
from such agencies;
``(iv) provide advice and support on
scientific and technical issues and act as a
forum for the exchange of scientific
information about the Puget Sound;
``(v) identify and inventory Federal
environmental research and monitoring programs
related to the Puget Sound, and provide such
inventory to the Puget Sound National Estuary
Program Management Conference;
``(vi) ensure that Puget Sound restoration
and protection activities are as consistent as
practicable with ongoing restoration and
protection and related efforts in the Salish
Sea that are being conducted by Canadian
authorities, the Pacific Salmon Commission, and
the International Joint Commission;
``(vii) ensure that Puget Sound restoration
and protection activities are consistent with
national security interests;
``(viii) establish any working groups or
committees necessary to assist the Puget Sound
Federal Leadership Task Force in its duties,
including relating to public policy and
scientific issues; and
``(ix) raise national awareness of the
significance of the Puget Sound.
``(B) Puget sound federal action plan.--
``(i) In general.--Not later than 5 years
after the date of enactment of this section,
the Puget Sound Federal Leadership Task Force
shall develop and approve a Federal Action Plan
that leverages Federal programs across agencies
and serves to coordinate diverse programs and
priorities for the restoration and protection
of the Puget Sound.
``(ii) Revision of puget sound federal
action plan.--Not less often than once every 5
years after the date of approval of the Federal
Action Plan under clause (i), the Puget Sound
Federal Leadership Task Force shall review, and
revise as appropriate, the Federal Action Plan.
``(C) Feedback by federal agencies.--In
facilitating feedback under subparagraph (A)(ii)(III),
the Puget Sound Federal Leadership Task Force shall
request Federal agencies to consider, at a minimum,
possible Federal actions within the Puget Sound region
designed to--
``(i) further the goals, targets, and
actions of the Action Agenda, the Salmon
Recovery Plans, the Treaty Rights at Risk
Initiative, and the Coastal Nonpoint Pollution
Control Program;
``(ii) as applicable, implement and enforce
this Act, the Endangered Species Act of 1973,
and all other Federal laws that contribute to
the restoration and protection of the Puget
Sound, including those that protect Tribal
treaty rights;
``(iii) prevent the introduction and spread
of invasive species;
``(iv) protect marine and wildlife
habitats;
``(v) protect, restore, and conserve
forests, wetlands, riparian zones, and
nearshore waters;
``(vi) promote resilience to climate change
and ocean acidification effects;
``(vii) restore fisheries so that they are
sustainable and productive;
``(viii) preserve biodiversity;
``(ix) restore and protect ecosystem
services that provide clean water, filter toxic
chemicals, and increase ecosystem resilience;
and
``(x) improve water quality, including by
preventing and managing stormwater runoff,
incorporating erosion control techniques and
trash capture devices, using sustainable
stormwater practices, and mitigating and
minimizing nonpoint source pollution, including
marine litter.
``(4) Participation of state advisory committee and puget
sound tribal management conference.--The Puget Sound Federal
Leadership Task Force shall carry out its duties with input
from, and in collaboration with, the State Advisory Committee
and the Puget Sound Tribal Management Conference, including by
seeking advice and recommendations on the actions, progress,
and issues pertaining to the restoration and protection of the
Puget Sound.
``(5) Meetings.--
``(A) Initial meeting.--The Puget Sound Federal
Leadership Task Force shall meet not later than 180
days after the date of enactment of this section--
``(i) to determine if all Federal agencies
are properly represented;
``(ii) to establish the bylaws of the Puget
Sound Federal Leadership Task Force;
``(iii) to establish necessary working
groups or committees; and
``(iv) to determine subsequent meeting
times, dates, and logistics.
``(B) Subsequent meetings.--After the initial
meeting, the Puget Sound Federal Leadership Task Force
shall meet, at a minimum, twice per year to carry out
the duties of the Puget Sound Federal Leadership Task
Force.
``(C) Working group meetings.--A meeting of any
established working group or committee of the Puget
Sound Federal Leadership Task Force shall not be
considered a biannual meeting for purposes of
subparagraph (B).
``(D) Joint meetings.--The Puget Sound Federal
Leadership Task Force--
``(i) shall offer to meet jointly with the
Puget Sound National Estuary Program Management
Conference and the Puget Sound Tribal
Management Conference, at a minimum, once per
year; and
``(ii) may consider such a joint meeting to
be a biannual meeting of the Puget Sound
Federal Leadership Task Force for purposes of
subparagraph (B).
``(E) Quorum.--A simple majority of the members of
the Puget Sound Federal Leadership Task Force shall
constitute a quorum.
``(F) Voting.--For the Puget Sound Federal
Leadership Task Force to take an official action, a
quorum shall be present, and at least a two-thirds
majority of the members present shall vote in the
affirmative.
``(6) Puget sound federal leadership task force procedures
and advice.--
``(A) Advisors.--The Puget Sound Federal Leadership
Task Force may seek advice and input from any
interested, knowledgeable, or affected party as the
Puget Sound Federal Leadership Task Force determines
necessary to perform its duties.
``(B) Compensation.--A member of the Puget Sound
Federal Leadership Task Force shall receive no
additional compensation for service as a member on the
Puget Sound Federal Leadership Task Force.
``(C) Travel expenses.--Travel expenses incurred by
a member of the Puget Sound Federal Leadership Task
Force in the performance of service on the Puget Sound
Federal Leadership Task Force may be paid by the agency
that the member represents.
``(7) Puget sound federal task force.--
``(A) In general.--On the date of enactment of this
section, the 2016 memorandum of understanding
establishing the Puget Sound Federal Task Force shall
cease to be effective.
``(B) Use of previous work.--The Puget Sound
Federal Leadership Task Force shall, to the extent
practicable, use the work product produced, relied
upon, and analyzed by the Puget Sound Federal Task
Force in order to avoid duplicating the efforts of the
Puget Sound Federal Task Force.
``(d) State Advisory Committee.--
``(1) Establishment.--There is established a State Advisory
Committee.
``(2) Membership.--The State Advisory Committee shall
consist of up to seven members designated by the governing body
of the Puget Sound Partnership, in consultation with the
Governor of Washington, who will represent Washington State
agencies that have significant roles and responsibilities
related to the restoration and protection of the Puget Sound.
``(e) Puget Sound Federal Leadership Task Force Biennial Report on
Puget Sound Restoration and Protection Activities.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, and biennially thereafter, the Puget
Sound Federal Leadership Task Force, in collaboration with the
Puget Sound Tribal Management Conference and the State Advisory
Committee, shall submit to the President, Congress, the
Governor of Washington, and the governing body of the Puget
Sound Partnership a report that summarizes the progress,
challenges, and milestones of the Puget Sound Federal
Leadership Task Force relating to the restoration and
protection of the Puget Sound.
``(2) Contents.--The report submitted under paragraph (1)
shall include a description of the following:
``(A) The roles and progress of each State, local
government entity, and Federal agency that has
jurisdiction in the Puget Sound region relating to
meeting the identified objectives and priorities of the
Action Agenda, the Salmon Recovery Plans, the Treaty
Rights at Risk Initiative, and the Coastal Nonpoint
Pollution Control Program.
``(B) If available, the roles and progress of
Tribal governments that have jurisdiction in the Puget
Sound region relating to meeting the identified
objectives and priorities of the Action Agenda, the
Salmon Recovery Plans, the Treaty Rights at Risk
Initiative, and the Coastal Nonpoint Pollution Control
Program.
``(C) A summary of specific recommendations
concerning implementation of the Action Agenda and the
Federal Action Plan, including challenges, barriers,
and anticipated milestones, targets, and timelines.
``(D) A summary of progress made by Federal
agencies toward the priorities identified in the
Federal Action Plan.
``(f) Tribal Rights and Consultation.--
``(1) Preservation of tribal treaty rights.--Nothing in
this section affects, or is intended to affect, any right
reserved by treaty between the United States and one or more
Indian tribes.
``(2) Consultation.--Nothing in this section affects any
authorization or obligation of a Federal agency to consult with
an Indian tribe under any other provision of law.
``(g) Consistency.--
``(1) In general.--Actions authorized or implemented under
this section shall be consistent with--
``(A) the Salmon Recovery Plans;
``(B) the Coastal Nonpoint Pollution Control
Program; and
``(C) the water quality standards of the State of
Washington approved by the Administrator under section
303.
``(2) Federal actions.--All Federal agencies represented on
the Puget Sound Federal Leadership Task Force shall act
consistently with the protection of Tribal, treaty-reserved
rights and, to the greatest extent practicable given such
agencies' existing obligations under Federal law, act
consistently with the objectives and priorities of the Action
Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk
Initiative, and the Coastal Nonpoint Pollution Control Program,
when--
``(A) conducting Federal agency activities within
or outside the Puget Sound that affect any land or
water use or natural resources of the Puget Sound
region, including activities performed by a contractor
for the benefit of a Federal agency;
``(B) interpreting and enforcing regulations that
impact the restoration and protection of the Puget
Sound;
``(C) issuing Federal licenses or permits that
impact the restoration and protection of the Puget
Sound; and
``(D) granting Federal assistance to State, local,
and Tribal governments for activities related to the
restoration and protection of the Puget Sound.''.
(c) Lake Pontchartrain Basin Restoration Program.--
(1) Review of comprehensive management plan.--Section 121
of the Federal Water Pollution Control Act (33 U.S.C. 1273) is
amended--
(A) in subsection (c)--
(i) in paragraph (5), by striking ``; and''
and inserting a semicolon;
(ii) in paragraph (6), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(7) ensure that the comprehensive conservation and
management plan approved for the Basin under section 320 is
reviewed and revised in accordance with section 320 not less
often than once every 5 years, beginning on the date of
enactment of this paragraph.''; and
(B) in subsection (d), by striking ``recommended by
a management conference convened for the Basin under
section 320'' and inserting ``identified in the
comprehensive conservation and management plan approved
for the Basin under section 320''.
(2) Definitions.--Section 121(e)(1) of the Federal Water
Pollution Control Act (33 U.S.C. 1273(e)(1)) is amended by
striking ``, a 5,000 square mile'' and inserting ``, a 10,000
square mile''.
(3) Administrative costs.--Section 121(f) of the Federal
Water Pollution Control Act (33 U.S.C. 1273(f)) is amended by
adding at the end the following:
``(3) Administrative expenses.--Not more than 5 percent of
the amounts appropriated to carry out this section may be used
for administrative expenses.''.
SEC. 8502. NONPOINT SOURCE MANAGEMENT PROGRAMS.
Section 319(j) of the Federal Water Pollution Control Act (33
U.S.C. 1329(j)) is amended by striking ``subsections (h) and (i) not to
exceed'' and all that follows through ``fiscal year 1991'' and
inserting ``subsections (h) and (i) $200,000,000 for each of fiscal
years 2023 through 2027''.
SEC. 8503. WASTEWATER ASSISTANCE TO COLONIAS.
Section 307 of the Safe Drinking Water Act Amendments of 1996 (33
U.S.C. 1281 note) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) Covered entity.--The term `covered entity' means each
of the following:
``(A) A border State.
``(B) A local government with jurisdiction over an
eligible community.'';
(2) in subsection (b), by striking ``border State'' and
inserting ``covered entity'';
(3) in subsection (d), by striking ``shall not exceed 50
percent'' and inserting ``may not be less than 80 percent'';
and
(4) in subsection (e)--
(A) by striking ``$25,000,000'' and inserting
``$100,000,000''; and
(B) by striking ``1997 through 1999'' and inserting
``2023 through 2027''.
DIVISION I--DEPARTMENT OF STATE AUTHORIZATIONS
SEC. 9001. SHORT TITLE.
This division may be cited as the ``Department of State
Authorization Act of 2022''.
SEC. 9002. DEFINITIONS.
In this division:
(1) Administrator.--The term ``Administrator'' means the
Administrator of USAID.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(3) Department.--Unless otherwise specified, the term
``Department'' means the Department of State.
(4) Secretary.--Unless otherwise specified, the term
``Secretary'' means the Secretary of State.
(5) USAID.--The term ``USAID'' means the United States
Agency for International Development.
TITLE XCI--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
SEC. 9101. MODERNIZING THE BUREAU OF ARMS CONTROL, VERIFICATION, AND
COMPLIANCE AND THE BUREAU OF INTERNATIONAL SECURITY AND
NONPROLIFERATION.
It is the sense of Congress that--
(1) the Secretary should take steps to address staffing
shortfalls in the chemical, biological, and nuclear weapons
issue areas in the Bureau of Arms Control, Verification and
Compliance and in the Bureau of International Security and
Nonproliferation;
(2) maintaining a fully staffed and resourced Bureau of
Arms Control, Verification and Compliance and Bureau of
International Security and Nonproliferation is necessary to
effectively confront the threat of increased global
proliferation; and
(3) the Secretary, acting through the Bureau of Arms
Control, Verification and Compliance and the Bureau of
International Security and Nonproliferation, should increase
efforts and dedicate resources to combat the dangers posed by
the People's Republic of China's conventional and nuclear
build-up, the Russian Federation's tactical nuclear weapons and
new types of nuclear weapons, bioweapons proliferation, dual
use of life sciences research, and chemical weapons.
SEC. 9102. NOTIFICATION TO CONGRESS FOR UNITED STATES NATIONALS
UNLAWFULLY OR WRONGFULLY DETAINED ABROAD.
Section 302 of the Robert Levinson Hostage Recovery and Hostage-
Taking Accountability Act (22 U.S.C. 1741) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``, as expeditiously as possible,'' after
``review''; and
(2) by amending subsection (b) to read as follows:
``(b) Referrals to Special Envoy; Notification to Congress.--
``(1) In general.--Upon a determination by the Secretary of
State, based on the totality of the circumstances, that there
is credible information that the detention of a United States
national abroad is unlawful or wrongful, and regardless of
whether the detention is by a foreign government or a
nongovernmental actor, the Secretary shall--
``(A) expeditiously transfer responsibility for
such case from the Bureau of Consular Affairs of the
Department of State to the Special Presidential Envoy
for Hostage Affairs; and
``(B) not later than 14 days after such
determination, notify the Committee on Foreign
Relations of the Senate, the Select Committee on
Intelligence of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the
Permanent Select Committee on Intelligence of the House
of Representatives of such determination and provide
such committees with a summary of the facts that led to
such determination.
``(2) Form.--The notification described in paragraph (1)(B)
may be classified, if necessary.''.
SEC. 9103. FAMILY ENGAGEMENT COORDINATOR.
Section 303 of the Robert Levinson Hostage Recovery and Hostage-
Taking Accountability Act (22 U.S.C. 1741a) is amended by adding at the
end the following:
``(d) Family Engagement Coordinator.--There shall be, in the Office
of the Special Presidential Envoy for Hostage Affairs, a Family
Engagement Coordinator, who shall ensure--
``(1) for a United States national unlawfully or wrongfully
detained abroad, that--
``(A) any interaction by executive branch officials
with any family member of such United States national
occurs in a coordinated fashion;
``(B) such family member receives consistent and
accurate information from the United States Government;
and
``(C) appropriate coordination with the Family
Engagement Coordinator described in section 304(c)(2);
and
``(2) for a United States national held hostage abroad,
that any engagement with a family member is coordinated with,
consistent with, and not duplicative of the efforts of the
Family Engagement Coordinator described in section
304(c)(2).''.
SEC. 9104. REWARDS FOR JUSTICE.
Section 36(b) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2708(b)) is amended--
(1) in paragraph (4), by striking ``or (10);'' and
inserting ``(10), or (14);'';
(2) in paragraph (12), by striking ``or'' at the end;
(3) in paragraph (13), by striking the period at the end
and inserting ``; or''; and
(4) by adding at the end the following:
``(14) the prevention, frustration, or resolution of the
hostage taking of a United States person, the identification,
location, arrest, or conviction of a person responsible for the
hostage taking of a United States person, or the location of a
United States person who has been taken hostage, in any
country.''.
SEC. 9105. ENSURING GEOGRAPHIC DIVERSITY AND ACCESSIBILITY OF PASSPORT
AGENCIES.
(a) Sense of Congress.--It is the sense of Congress that Department
initiatives to expand passport services and accessibility, including
through online modernization projects, should include the construction
of new physical passport agencies.
(b) Review.--The Secretary shall conduct a review of the geographic
diversity and accessibility of existing passport agencies to identify--
(1) the geographic areas in the continental United States
that are farther than 6 hours' driving distance from the
nearest passport agency;
(2) the per capita demand for passport services in the
areas described in paragraph (1); and
(3) a plan to ensure that in-person services at physical
passport agencies are accessible to all eligible Americans,
including Americans living in large population centers, in
rural areas, and in States with a high per capita demand for
passport services.
(c) Considerations.--The Secretary shall consider the metrics
identified in paragraphs (1) and (2) of subsection (b) when determining
locations for the establishment of new physical passport agencies.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
Committee on Foreign Relations of the Senate, the Committee on
Appropriations of the Senate, the Committee on Foreign Affairs of the
House of Representatives, and the Committee on Appropriations of the
House of Representatives that contains the findings of the review
conducted pursuant to subsection (b).
SEC. 9106. CULTURAL ANTIQUITIES TASK FORCE.
The Secretary is authorized to use up to $1,200,000 for grants to
carry out the activities of the Cultural Antiquities Task Force.
SEC. 9107. OFFICE OF SANCTIONS COORDINATION.
(a) Extension of Authorities.--Section 1 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended, in
paragraph (4)(B) of subsection (l), as redesignated by section
9502(a)(2) of this Act, by striking ``the date that is two years after
the date of the enactment of this subsection'' and inserting ``December
31, 2024''.
(b) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Treasury, or the
Secretary's designee, shall brief the appropriate congressional
committees with respect to the steps that the Office of Sanctions
Coordination has taken to coordinate its activities with the Department
of the Treasury and humanitarian aid programs, in an effort to help
ensure appropriate flows of humanitarian assistance and goods to
countries subject to United States sanctions.
SEC. 9108. SENSE OF CONGRESS AND STRATEGIC PLAN REGARDING THE
DEPARTMENT OF STATE'S UNIT FOR SUBNATIONAL DIPLOMACY.
(a) Definitions.--In this section:
(1) Municipal.--The term ``municipal'' means the government
of a city in the United States with a population of not fewer
than 100,000 people.
(2) State.--The term ``State'' means the 50 States of the
United States, the District of Columbia, and any territory or
possession of the United States.
(3) Subnational engagement.--The term ``subnational
engagement'' means formal meetings or events between elected
officials of a State or municipal government and their foreign
counterparts.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the growth of subnational cooperation has enabled
States and municipalities to play an increasingly significant
role in foreign policy and complement the efforts of the
Department;
(2) the Department's recently established Unit for
Subnational Diplomacy will play a critical role in leveraging
the Department's resources to support State and municipal
governments in conducting subnational engagement and increasing
cooperation with foreign allies and partners; and
(3) in facilitating such subnational engagements, the
Department should engage with a broad array of United States
cities without regard to their population size or location;
(c) Strategic Plan.--The Special Representative for Subnational
Diplomacy shall submit a strategic plan to the appropriate
congressional committees for the operations of the Unit for Subnational
Diplomacy, including the Department's plans for--
(1) supporting subnational engagements involving
policymakers from urban and rural areas to improve United
States foreign policy effectiveness;
(2) enhancing the awareness, understanding, and involvement
of United States citizens, including citizens residing in urban
and rural areas, in the foreign policy process;
(3) countering subnational diplomacy efforts from
adversarial nations;
(4) strengthening engagement with foreign subnational
governments; and
(5) any other operations that the Secretary determines to
be relevant.
(d) Rule of Construction.--Nothing in this subsection may be
construed to preclude--
(1) the Unit for Subnational Diplomacy Office from being
elevated to a bureau within the Department; or
(2) the Special Representative for Subnational Diplomacy
from being elevated to an Assistant Secretary if the addition
of such Assistant Secretary position does not increase the
number of Assistant Secretary positions at the Department above
the number of such positions authorized under section 1(c)(1)
of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a(c)(1)).
TITLE XCII--PERSONNEL ISSUES
SEC. 9201. DEPARTMENT OF STATE PAID STUDENT INTERNSHIP PROGRAM.
(a) In General.--The Secretary shall establish the Department of
State Student Internship Program (referred to in this section as the
``Program'') to offer internship opportunities at the Department to
eligible students to raise awareness of the essential role of diplomacy
in the conduct of United States foreign policy and the realization of
United States foreign policy objectives.
(b) Eligibility.--
(1) In general.--An applicant is eligible to participate in
the Program if the applicant is enrolled at--
(A) an institution of higher education (as such
term is defined in section 102(a) of the Higher
Education Act of 1965 (20 U.S.C. 1002(a))); or
(B) an institution of higher education based
outside the United States, as determined by the
Secretary of State.
(2) Additional eligibility criteria.--An applicant in the
Program should be--
(A) enrolled at least half-time in an institution
described in paragraph (1); and
(B) eligible to receive and hold an appropriate
security clearance.
(c) Selection.--The Secretary shall establish selection criteria
for students to be admitted into the Program that includes a
demonstrated interest in a career in foreign affairs.
(d) Outreach.--The Secretary shall--
(1) widely advertise the Program, including--
(A) on the internet;
(B) through the Department's Diplomats in Residence
program; and
(C) through other outreach and recruiting
initiatives targeting undergraduate and graduate
students; and
(2) conduct targeted outreach to encourage participation in
the Program from--
(A) individuals belonging to an underrepresented
group; and
(B) students enrolled at minority-serving
institutions (which shall include any institution
listed in section 371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)).
(e) Compensation.--
(1) Housing assistance.--
(A) Abroad.--The Secretary shall provide housing
assistance to any student participating in the Program
whose permanent address is within the United States if
the location of the internship in which such student is
participating is outside of the United States.
(B) Domestic.--The Secretary may provide housing
assistance to a student participating in the Program
whose permanent address is within the United States if
the location of the internship in which such student is
participating is more than 50 miles away from such
student's permanent address.
(2) Travel assistance.--The Secretary shall provide a
student participating in the Program whose permanent address is
within the United States with financial assistance that is
sufficient to cover the travel costs of a single round trip by
air, train, bus, or other appropriate transportation between
the student's permanent address and the location of the
internship in which such student is participating if such
location is--
(A) more than 50 miles from the student's permanent
address; or
(B) outside of the United States.
(f) Working With Institutions of Higher Education.--The Secretary,
to the maximum extent practicable, shall structure internships to
ensure that such internships satisfy criteria for academic credit at
the institutions of higher education in which participants in such
internships are enrolled.
(g) Transition Period.--
(1) In general.--Except as provided in paragraphs (2) and
(3), beginning not later than 2 years after the date of the
enactment of this Act--
(A) the Secretary shall convert unpaid internship
programs of the Department, including the Foreign
Service Internship Program, to internship programs that
offer compensation; and
(B) upon selection as a candidate for entry into an
internship program of the Department, a participant in
such internship program may refuse compensation,
including if doing so allows such participant to
receive college or university curricular credit.
(2) Exception.--The transition required under paragraph (1)
shall not apply to unpaid internship programs of the Department
that are part of the Virtual Student Federal Service internship
program.
(3) Waiver.--
(A) In general.--The Secretary may waive the
requirement under paragraph (1)(A) with respect to a
particular unpaid internship program if the Secretary,
not later than 30 days after making a determination
that the conversion of such internship program to a
compensated internship program would not be consistent
with effective management goals, submits a report
explaining such determination to--
(i) the appropriate congressional
committees;
(ii) the Committee on Appropriations of the
Senate; and
(iii) the Committee on Appropriations of
the House of Representatives.
(B) Report.--The report required under subparagraph
(A) shall--
(i) describe the reasons why converting an
unpaid internship program of the Department to
an internship program that offers compensation
would not be consistent with effective
management goals; and
(ii)(I) provide justification for
maintaining such unpaid status indefinitely; or
(II) identify any additional authorities or
resources that would be necessary to convert
such unpaid internship program to offer
compensation in the future.
(h) Reports.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit a report to the
committees referred to in subsection (g)(3)(A) that includes--
(1) data, to the extent the collection of such information
is permissible by law, regarding the number of students who
applied to the Program, were offered a position, and
participated, respectively, disaggregated by race, ethnicity,
sex, institution of higher education, home State, State where
each student graduated from high school, and disability status;
(2) data regarding the number of security clearance
investigations initiated for the students described in
paragraph (1), including the timeline for such investigations,
whether such investigations were completed, and when an interim
security clearance was granted;
(3) information on Program expenditures;
(4) information regarding the Department's compliance with
subsection (g); and
(5) the number of internship participants subsequently
employed by the Department, if any, following their
participation in the Program.
(i) Voluntary Participation.--
(1) In general.--Nothing in this section may be construed
to compel any student who is a participant in an internship
program of the Department to participate in the collection of
the data or divulge any personal information. Such students
shall be informed that their participation in the data
collection under this section is voluntary.
(2) Privacy protection.--Any data collected under this
section shall be subject to the relevant privacy protection
statutes and regulations applicable to Federal employees.
(j) Special Hiring Authority.--Notwithstanding any other provision
of law, the Secretary, in consultation with the Director of the Office
of Personnel Management, with respect to the number of interns to be
hired each year, may--
(1) select, appoint, and employ individuals for up to 1
year through compensated internships in the excepted service;
and
(2) remove any compensated intern employed pursuant to
paragraph (1) without regard to the provisions of law governing
appointments in the excepted service.
SEC. 9202. IMPROVEMENTS TO THE PREVENTION OF, AND THE RESPONSE TO,
HARASSMENT, DISCRIMINATION, SEXUAL ASSAULT, AND RELATED
RETALIATION.
(a) Policies.--The Secretary should develop and strengthen policies
regarding harassment, discrimination, sexual assault, and related
retaliation, including policies for--
(1) addressing, reporting, and providing transitioning
support;
(2) advocacy, service referrals, and travel accommodations;
and
(3) disciplining personnel that violate Department policies
regarding harassment, discrimination, sexual assault, or
related retaliation.
(b) Disciplinary Action.--
(1) Separation for cause.--Section 610(a)(1) of the Foreign
Service Act of 1980 (22 U.S.C. 4010(a)(1)), is amended--
(A) by striking ``decide to''; and
(B) by inserting ``, including upon receiving
notification from the Bureau of Diplomatic Security
that such member has engaged in criminal misconduct,
such as murder, rape, or other sexual assault'' before
the period at the end.
(2) Update to manual.--The Director of Global Talent
Management shall--
(A) update the ``Grounds for Disciplinary Action''
and ``List of Disciplinary Offenses and Penalties''
sections of the Foreign Affairs Manual to reflect the
amendments made under paragraph (1); and
(B) communicate such updates to Department staff
through publication in Department Notices.
(c) Sexual Assault Prevention and Response Victim Advocates.--The
Secretary shall ensure that the Diplomatic Security Service's Victims'
Resource Advocacy Program--
(1) is appropriately staffed by advocates who are
physically present at--
(A) the headquarters of the Department; and
(B) major domestic and international facilities and
embassies, as determined by the Secretary;
(2) considers the logistics that are necessary to allow for
the expedient travel of victims from Department facilities that
do not have advocates; and
(3) uses funds available to the Department to provide
emergency food, shelter, clothing, and transportation for
victims involved in matters being investigated by the
Diplomatic Security Service.
SEC. 9203. INCREASING THE MAXIMUM AMOUNT AUTHORIZED FOR SCIENCE AND
TECHNOLOGY FELLOWSHIP GRANTS AND COOPERATIVE AGREEMENTS.
Section 504(e)(3) of the Foreign Relations Authorization Act,
Fiscal Year 1979 (22 U.S.C. 2656d(e)(3)) is amended by striking
``$500,000'' and inserting ``$2,000,000''.
SEC. 9204. ADDITIONAL PERSONNEL TO ADDRESS BACKLOGS IN HIRING AND
INVESTIGATIONS.
(a) In General.--The Secretary shall seek to increase the number of
personnel within the Bureau of Global Talent Management and the Office
of Civil Rights to address backlogs in hiring and investigations into
complaints conducted by the Office of Civil Rights.
(b) Employment Targets.--The Secretary shall seek to employ--
(1) not fewer than 15 additional personnel in the Bureau of
Global Talent Management and the Office of Civil Rights
(compared to the number of personnel so employed as of the day
before the date of the enactment of this Act) by the date that
is 180 days after such date of enactment; and
(2) not fewer than 15 additional personnel in such Bureau
and Office (compared to the number of personnel so employed as
of the day before the date of the enactment of this Act) by the
date that is 1 year after such date of enactment.
SEC. 9205. FOREIGN AFFAIRS TRAINING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Congress has recognized, including in division E of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81), that the Department is a crucial national security
agency, whose employees, both Foreign Service and Civil
Service, require the best possible training and professional
development at every stage of their careers to prepare them to
promote and defend United States national interests and the
health and safety of United States citizens abroad; and
(2) the new and evolving challenges of national security in
the 21st century necessitate the expansion of standardized
training and professional development opportunities linked to
equal, accountable, and transparent promotion and leadership
practices for Department and other national security agency
personnel.
(b) Defined Term.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
(c) Training and Professional Development Prioritization.--Section
5108(c) of division E of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) is amended to read as follows:
``(c) Training and Professional Development Prioritization.--In
order to provide the Civil Service and the Foreign Service with the
level of professional development and training needed to effectively
advance United States interests across the world, the Secretary of
State shall--
``(1) increase relevant offerings provided by the
Department of State--
``(A) of interactive virtual instruction to make
training and professional development more accessible
and useful to personnel deployed throughout the world;
or
``(B) at partner organizations, including
universities, industry entities, and nongovernmental
organizations, throughout the United States to provide
useful outside perspectives to Department of State
personnel by providing such personnel--
``(i) a more comprehensive outlook on
different sectors of United States society;
``(ii) practical experience dealing with
commercial corporations, universities, labor
unions, and other institutions critical to
United States diplomatic success; and
``(iii) courses specifically focused on
commercial diplomacy that increase the
understanding of private sector needs that
arise as United States companies enter and
compete in the international market;
``(2) provide the opportunity to participate in courses
using computer-based or computer-assisted simulations, allowing
civilian officers to lead decision making in a crisis
environment, and encourage officers of the Department of State,
and reciprocally, officers of other Federal departments to
participate in similar exercises held by the Department of
State or other government organizations and the private sector;
``(3) increase the duration and expand the focus of certain
training and professional development courses, including by
extending--
``(A) the A-100 entry-level course to as long as 12
weeks, which better matches the length of entry-level
training and professional development provided to the
officers in other national security departments and
agencies; and
``(B) the Chief of Mission course to as long as 6
weeks for first time Chiefs of Mission and creating
comparable courses for new Assistant Secretaries and
Deputy Assistant Secretaries to more accurately reflect
the significant responsibilities accompanying such
roles; and
``(4) ensure that Foreign Service officers who are assigned
to a country experiencing significant population displacement
due to the impacts of climatic and non-climatic shocks and
stresses, including rising sea levels and lack of access to
affordable and reliable energy and electricity, receive
specific instruction on United States policy with respect to
resiliency and adaptation to such climatic and non-climatic
shocks and stresses.''.
(d) Fellowships.--The Director General of the Foreign Service
shall--
(1) expand and establish new fellowship programs for
Foreign Service and Civil Service officers that include short-
and long-term opportunities at organizations, including--
(A) think tanks and nongovernmental organizations;
(B) the Department of Defense and other relevant
Federal agencies;
(C) industry entities, especially such entities
related to technology, global operations, finance, and
other fields directly relevant to international
affairs; and
(D) schools of international relations and other
relevant programs at universities throughout the United
States; and
(2) not later than 180 days after the date of the enactment
of this Act, submit a report to Congress that describes how the
Department could expand the Pearson Fellows Program for Foreign
Service Officers and the Brookings Fellow Program for Civil
Servants to provide fellows in such programs with the
opportunity to undertake a follow-on assignment within the
Department in an office in which fellows will gain practical
knowledge of the people and processes of Congress, including
offices other than the Legislative Affairs Bureau, including--
(A) an assessment of the current state of
congressional fellowships, including the demand for
fellowships, support for applicants to pursue and
perform such fellowships, and the value the fellowships
provide to both the career of the officer and to the
Department; and
(B) an assessment of the options for making
congressional fellowships for both the Foreign Service
and the Civil Service more career-enhancing.
(e) Board of Visitors of the Foreign Service Institute.--
(1) Establishment.--The Secretary is authorized to
establish a Board of Visitors of the Foreign Service Institute
(referred to in this subsection as the ``Board''). It is the
sense of Congress that the Board should be established not
later than 1 year after the date of the enactment of this Act.
(2) Duties.--The Board authorized by this subsection shall
be comprised of 12 members, who shall be appointed by the
Secretary and shall provide the Secretary with independent
advice and recommendations regarding organizational management,
strategic planning, resource management, curriculum
development, and other matters of interest to the Foreign
Service Institute, including regular observations about how
well the Department is integrating training and professional
development into the work of the Bureau for Global Talent
Management.
(3) Membership.--
(A) Qualifications.--Members of the Board shall be
appointed from among individuals who--
(i) are not officers or employees of the
Federal Government; and
(ii) are eminent authorities in the fields
of diplomacy, national security, management,
leadership, economics, trade, technology, or
advanced international relations education.
(B) Outside expertise.--
(i) In general.--Not fewer than 6 members
of the Board shall have a minimum of 10 years
of relevant expertise outside the field of
diplomacy.
(ii) Prior senior service at the
department.--Not more than 6 members of the
Board may be persons who previously served in
the Senior Foreign Service or the Senior
Executive Service at the Department.
(4) Terms.--Each member of the Board shall be appointed for
a term of 3 years, except that of the members first appointed--
(A) 4 members shall be appointed for a term of 3
years;
(B) 4 members shall be appointed for a term of 2
years; and
(C) 4 members shall be appointed for a term of 1
year.
(5) Chairperson; vice chairperson.--
(A) Approval.--The Chairperson and Vice Chairperson
of the Board shall be approved by the Secretary of
State based upon a recommendation from the members of
the Board.
(B) Service.--The Chairperson and Vice Chairperson
shall serve at the discretion of the Secretary.
(6) Meetings.--The Board shall meet--
(A) at the call of the Director of the Foreign
Service Institute and the Chairperson; and
(B) not fewer than 2 times per year.
(7) Compensation.--Each member of the Board shall serve
without compensation, except that a member of the Board shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of service for the Board. Notwithstanding
section 1342 of title 31, United States Code, the Secretary may
accept the voluntary and uncompensated service of members of
the Board.
(8) Applicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to
the Board established under this subsection.
(f) Establishment of Provost of the Foreign Service Institute.--
(1) Establishment.--There is established in the Foreign
Service Institute the position of Provost.
(2) Appointment; reporting.--The Provost shall--
(A) be appointed by the Secretary; and
(B) report to the Director of the Foreign Service
Institute.
(3) Qualifications.--The Provost, who should be a member of
the Senior Executive Service, shall have--
(A) experience in the field of diplomacy, national
security, education, management, leadership, economics,
history, trade, adult education, or technology; and
(B) significant experience outside the Department,
whether in other national security agencies or in the
private sector, and preferably in positions of
authority in educational institutions or the field of
professional development and mid-career training with
oversight for the evaluation of academic programs.
(4) Duties.--The Provost shall--
(A) oversee, review, evaluate, and coordinate the
academic curriculum for all courses taught and
administered by the Foreign Service Institute; and
(B) coordinate the development of an evaluation
system to ascertain the utility of the information and
skills imparted by each such course, such that, to the
extent practicable, performance assessments can be
included in the personnel records maintained by the
Bureau of Global Talent Management and utilized in
Foreign Service Selection Boards.
(5) Compensation.--The Provost shall receive a salary
commensurate with the rank and experience of a member of the
Senior Executive Service, as determined by the Secretary.
(g) Other Agency Responsibilities and Opportunities for
Congressional Staff.--
(1) Other agencies.--National security agencies other than
the Department should be afforded the ability to increase the
enrollment of their personnel in courses at the Foreign Service
Institute and other training and professional development
facilities of the Department to promote a whole-of-government
approach to mitigating national security challenges.
(2) Congressional staff.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit a
report to the appropriate committees of Congress that
describes--
(A) the training and professional development
opportunities at the Foreign Service Institute and
other Department facilities available to congressional
staff;
(B) the budget impacts of offering such
opportunities to congressional staff; and
(C) potential course offerings.
(h) Strategy for Adapting Training Requirements for Modern
Diplomatic Needs.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall develop and
submit to the appropriate committees of Congress a strategy for
adapting and evolving training requirements to better meet the
Department's current and future needs for 21st century
diplomacy.
(2) Elements.--The strategy required under paragraph (1)
shall include the following elements:
(A) Integrating training requirements into the
Department's promotion policies, including establishing
educational and professional development standards for
training and attainment to be used as a part of tenure
and promotion guidelines.
(B) Addressing multiple existing and emerging
national security challenges, including--
(i) democratic backsliding and
authoritarianism;
(ii) countering, and assisting United
States allies to address, state-sponsored
disinformation, including through the Global
Engagement Center;
(iii) cyber threats;
(iv) the aggression and malign influence of
Russia, Cuba, Iran, North Korea, the Maduro
Regime, and the Chinese Communist Party's
multi-faceted and comprehensive challenge to
the rules-based order;
(v) the implications of climate change for
United States diplomacy; and
(vi) nuclear threats.
(C) An examination of the likely advantages and
disadvantages of establishing residential training for
the A-100 orientation course administered by the
Foreign Service Institute and evaluating the
feasibility of residential training for other long-term
training opportunities.
(D) An examination of the likely advantages and
disadvantages of establishing a press freedom
curriculum for the National Foreign Affairs Training
Center that enables Foreign Service officers to better
understand issues of press freedom and the tools that
are available to help protect journalists and promote
freedom of the press norms, which may include--
(i) the historic and current issues facing
press freedom, including countries of specific
concern;
(ii) the Department's role in promoting
press freedom as an American value, a human
rights issue, and a national security
imperative;
(iii) ways to incorporate press freedom
promotion into other aspects of diplomacy; and
(iv) existing tools to assist journalists
in distress and methods for engaging foreign
governments and institutions on behalf of
individuals engaged in journalistic activity
who are at risk of harm.
(E) The expansion of external courses offered by
the Foreign Service Institute at academic institutions
or professional associations on specific topics,
including in-person and virtual courses on monitoring
and evaluation, audience analysis, and the use of
emerging technologies in diplomacy.
(3) Utilization of existing resources.--In examining the
advantages and disadvantages of establishing a residential
training program pursuant to paragraph (2)(C), the Secretary
shall--
(A) collaborate with other national security
departments and agencies that employ residential
training for their orientation courses; and
(B) consider using the Department's Foreign Affairs
Security Training Center in Blackstone, Virginia.
(i) Report and Briefing Requirements.--
(1) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate committees of Congress that includes--
(A) a strategy for broadening and deepening
professional development and training at the
Department, including assessing current and future
needs for 21st century diplomacy;
(B) the process used and resources needed to
implement the strategy referred to in subparagraph (A)
throughout the Department; and
(C) the results and impact of the strategy on the
workforce of the Department, particularly the
relationship between professional development and
training and promotions for Department personnel, and
the measurement and evaluation methods used to evaluate
such results.
(2) Briefing.--Not later than 1 year after the date on
which the Secretary submits the report required under paragraph
(1), and annually thereafter for 2 years, the Secretary shall
provide to the appropriate committees of Congress a briefing on
the information required to be included in the report.
(j) Foreign Language Maintenance Incentive Program.--
(1) Authorization.--The Secretary is authorized to
establish and implement an incentive program, with a similar
structure as the Foreign Language Proficiency Bonus offered by
the Department of Defense, to encourage members of the Foreign
Service who possess language proficiency in any of the
languages that qualify for additional incentive pay, as
determined by the Secretary, to maintain critical foreign
language skills.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate committees of Congress that includes a detailed
plan for implementing the program authorized under paragraph
(1), including anticipated resource requirements to carry out
such program.
SEC. 9206. FACILITATION AND ENCOURAGEMENT OF TRAINING AND PROFESSIONAL
DEVELOPMENT FOR FOREIGN SERVICE AND CIVIL SERVICE
PERSONNEL.
(a) Sense of Congress.--It is the sense of Congress that
recognition throughout the Department of the value and importance of
training and professional development for Foreign Service and Civil
Service personnel is vital to the development and maintenance by such
personnel of the skills and expertise required for the Department to
contribute fully and effectively to the conduct of the foreign affairs
of the United States.
(b) Study and Report.--
(1) In general.--The Secretary, in consultation with the
heads of relevant Federal agencies, shall conduct a study of
the feasibility and cost of establishing a diplomatic officers'
reserve corps or similar mechanism to augment the Department's
personnel needs at any level on a temporary or permanent basis.
(2) Elements.--In conducting the study required under
paragraph (1), the Secretary shall consider whether the
diplomatic officers' reserve corps should be modeled on the
Senior Reserve Officers' Training Corps established under
chapter 103 of title 10, United States Code, to encourage the
recruitment and retention of personnel who have the critical
language skills necessary to meet the requirements of the
Foreign Service by providing financial assistance to students
studying critical languages at institutions of higher
education.
(3) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees that contains the
results of the study conducted pursuant to paragraph (1).
(c) Training and Development in Promotion Precepts and Evaluation
Criteria.--
(1) Foreign service.--The Secretary shall take appropriate
action to ensure accountability and transparency in the
evaluation of the precepts described in section 603 of the
Foreign Service Act of 1980 (22 U.S.C. 4003) upon which the
selection boards established pursuant to section 602 of such
Act (22 U.S.C. 4002) make recommendations for the promotion of
members of the Foreign Service under section 601 of such Act
(22 U.S.C. 4001) by affording equal consideration to the
undertaking of training, professional development, and foreign
language acquisition and retention among any other objective
criteria considered by selection boards in making such
recommendations.
(2) Civil service.--The Secretary shall take appropriate
action to ensure that the performance standards for any job
performance appraisal system for Civil Service personnel of the
Department afford equal consideration to the undertaking of
training, professional development, and foreign language
acquisition and retention among any other objective criteria in
the evaluation of the job performance of such personnel.
(d) Response to Subordinate Training and Development Needs in
Evaluation of Supervisor Performance.--
(1) Foreign service.--The Secretary shall take appropriate
action to ensure that the evaluation of precepts for
recommendations for promotion described in subsection (c)(1)
for members of the Foreign Service in supervisory positions
incorporates the extent to which such members appropriately
address the training and professional development needs of the
personnel under their supervision.
(2) Civil service.--The Secretary shall take appropriate
action to ensure that the performance standards described in
subsection (c)(2) for Civil Service personnel of the Department
in supervisory positions afford appropriate weight to
addressing the training and professional development needs of
the personnel under their supervision.
SEC. 9207. SECURITY CLEARANCE APPROVAL PROCESS.
(a) Recommendations.--Not later than 270 days after the date of the
enactment of this Act, the Secretary, in coordination with the Director
of National Intelligence, shall submit recommendations to the
appropriate congressional committees for streamlining the security
clearance approval process within the Bureau of Diplomatic Security so
that the security clearance approval process for Civil Service and
Foreign Service applicants is completed within 6 months, on average,
and within 1 year, in the vast majority of cases.
(b) Report.--Not later than 90 days after the recommendations are
submitted pursuant to subsection (a), the Secretary shall submit a
report to the Committee on Foreign Relations of the Senate, the Select
Committee on Intelligence of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the Permanent Select
Committee on Intelligence of the House of Representatives that--
(1) describes the status of the efforts of the Department
to streamline the security clearance approval process; and
(2) identifies any remaining obstacles preventing security
clearances from being completed within the time frames set
forth in subsection (a), including lack of cooperation or other
actions by other Federal departments and agencies.
SEC. 9208. ADDENDUM FOR STUDY ON FOREIGN SERVICE ALLOWANCES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees an addendum to the report required under
section 5302 of the Department of State Authorization Act of 2021
(division E of Public Law 117-81), which shall be entitled the ``Report
on Bidding for Domestic and Overseas Posts and Filling Unfilled
Positions''. The addendum shall be prepared using input from the same
federally funded research and development center that prepared the
analysis conducted for the purposes of such report.
(b) Elements.--The addendum required under subsection (a) shall
include--
(1) the total number of domestic and overseas positions
open during the most recent summer bidding cycle;
(2) the total number of bids each position received;
(3) the number of unfilled positions at the conclusion of
the most recent summer bidding cycle, disaggregated by bureau;
and
(4) detailed recommendations and a timeline for--
(A) increasing the number of qualified bidders for
underbid positions; and
(B) minimizing the number of unfilled positions at
the end of the bidding season.
SEC. 9209. CURTAILMENTS, REMOVALS FROM POST, AND WAIVERS OF PRIVILEGES
AND IMMUNITIES.
(a) Curtailments Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary shall submit a report to the appropriate
congressional committees regarding curtailments of Department
personnel from overseas posts.
(2) Contents.--The Secretary shall include in the report
required under paragraph (1)--
(A) relevant information about any post that,
during the 6-month period preceding the report--
(i) had more than 5 curtailments; or
(ii) had curtailments representing more
than 5 percent of Department personnel at such
post; and
(B) for each post referred to in subparagraph (A),
the number of curtailments, disaggregated by month of
occurrence.
(C) Additional contents for initial report.--The
initial report submitted pursuant to paragraph (1)
shall identify--
(i) the number of curtailments at the
Deputy Chief of Mission or Principal Officer
level for each of the previous 5 years; and
(ii) to the extent practicable--
(I) the number of such curtailments
that were voluntary and the number of
such curtailments that were
involuntary; and
(II) the number of those curtailed
who left the service within 1 year
after such curtailment.
(b) Removal of Diplomats.--Not later than 20 days after the date on
which any United States personnel under Chief of Mission authority is
declared persona non grata by a host government, the Secretary shall--
(1) notify the Committee on Foreign Relations of the
Senate, the Select Committee on Intelligence of the Senate, the
Committee on Foreign Affairs of the House of Representatives,
and the Permanent Select Committee on Intelligence of the House
of Representatives of such declaration; and
(2) include with such notification--
(A) the official reason for such declaration (if
provided by the host government);
(B) the date of the declaration; and
(C) whether the Department responded by declaring a
host government's diplomat in the United States persona
non grata.
(c) Waiver of Privileges and Immunities.--Not later than 15 days
after any waiver of privileges and immunities pursuant to the Vienna
Convention on Diplomatic Relations, done at Vienna April 18, 1961, that
is applicable to an entire diplomatic post or to the majority of United
States personnel under Chief of Mission authority, the Secretary shall
notify the appropriate congressional committees of such waiver and the
reason for such waiver.
(d) Termination.--This section shall terminate on the date that is
5 years after the date of the enactment of this Act.
SEC. 9210. REPORT ON WORLDWIDE AVAILABILITY.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees on the feasibility of requiring
that each member of the Foreign Service, at the time of entry into the
Foreign Service and thereafter, be worldwide available, as determined
by the Secretary.
(b) Contents.--The report required under subsection (a) shall
include--
(1) the feasibility of a worldwide availability requirement
for all members of the Foreign Service;
(2) considerations if such a requirement were to be
implemented, including the potential effect on recruitment and
retention; and
(3) recommendations for exclusions and limitations,
including exemptions for medical reasons, disability, and other
circumstances.
SEC. 9211. PROFESSIONAL DEVELOPMENT.
(a) Requirements.--The Secretary shall strongly encourage that
Foreign Service officers seeking entry into the Senior Foreign Service
participate in professional development described in subsection (c).
(b) Requirements.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit recommendations on
requiring that Foreign Service officers complete professional
development described in subsection (c) to be eligible for entry into
the Senior Foreign Service.
(c) Professional Development Described.--Professional development
described in this subsection is not less than 6 months of training or
experience outside of the Department, including time spent--
(1) as a detailee to another government agency, including
Congress or a State, Tribal, or local government; or
(2) in Department-sponsored and -funded university training
that results in an advanced degree, excluding time spent at a
university that is fully funded or operated by the Federal
Government.
(d) Promotion Precepts.--The Secretary shall instruct promotion
boards to consider positively long-term training and out-of-agency
detail assignments as described in this section.
SEC. 9212. MANAGEMENT ASSESSMENTS AT DIPLOMATIC AND CONSULAR POSTS.
(a) In General.--Beginning not later than 1 year after the date of
the enactment of this Act, the Secretary shall annually conduct, at
each diplomatic and consular post, a voluntary survey, which shall be
offered to all staff assigned to that post who are citizens of the
United States (excluding the Chief of Mission) to assess the management
and leadership of that post by the Chief of Mission, the Deputy Chief
of Mission, and the Charge d'Affaires.
(b) Anonymity.--All responses to the survey shall be--
(1) fully anonymized; and
(2) made available to the Director General of the Foreign
Service.
(c) Survey.--The survey shall seek to assess--
(1) the general morale at post;
(2) the presence of any hostile work environment;
(3) the presence of any harassment, discrimination,
retaliation, or other mistreatment; and
(4) effective leadership and collegial work environment.
(d) Director General Recommendations.--Upon compilation and review
of the surveys, the Director General of the Foreign Service shall issue
recommendations to posts, as appropriate, based on the findings of the
surveys.
(e) Referral.--If the surveys reveal any action that is grounds for
referral to the Inspector General of the Department of State and the
Foreign Service, the Director General of the Foreign Service may refer
the matter to the Inspector General of the Department of State and the
Foreign Service, who shall, as the Inspector General considers
appropriate, conduct an inspection of the post in accordance with
section 209(b) of the Foreign Service Act of 1980 (22 U.S.C. 3929(b)).
(f) Annual Report.--The Director General of the Foreign Service
shall submit an annual report to the appropriate congressional
committees that includes--
(1) any trends or summaries from the surveys;
(2) the posts where corrective action was recommended or
taken in response to any issues identified by the surveys; and
(3) the number of referrals to the Inspector General of the
Department of State and the Foreign Service, as applicable.
(g) Initial Basis.--The surveys and reports required under this
section shall be carried out on an initial basis for the 5-year period
beginning on the date of the enactment of this Act.
SEC. 9213. INDEPENDENT REVIEW OF PROMOTION POLICIES.
Not later than 18 months after the date of the enactment of this
Act, the Comptroller General of the United States shall conduct a
comprehensive review of the policies, personnel, organization, and
processes related to promotions within the Department, including--
(1) a review of--
(A) the selection and oversight of Foreign Service
promotion panels; and
(B) the use of quantitative data and metrics in
such panels;
(2) an assessment of the promotion practices of the
Department, including how promotion processes are communicated
to the workforce and appeals processes; and
(3) recommendations for improving promotion panels and
promotion practices.
SEC. 9214. THIRD PARTY VERIFICATION OF PERMANENT CHANGE OF STATION
(PCS) ORDERS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall establish a mechanism for third parties to
verify the employment of, and the validity of permanent change of
station (PCS) orders received by, members of the Foreign Service, in a
manner that protects the safety, security, and privacy of sensitive
employee information.
SEC. 9215. POST-EMPLOYMENT RESTRICTIONS ON SENATE-CONFIRMED OFFICIALS
AT THE DEPARTMENT OF STATE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Congress and the executive branch have recognized the
importance of preventing and mitigating the potential for
conflicts of interest following government service, including
with respect to senior United States officials working on
behalf of foreign governments; and
(2) Congress and the executive branch should jointly
evaluate the status and scope of post-employment restrictions.
(b) Restrictions.--Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding at the
end the following:
``(m) Extended Post-employment Restrictions for Certain Senate-
confirmed Officials.--
``(1) Definitions.--In this subsection:
``(A) Country of concern.--The term `country of
concern' means--
``(i) the People's Republic of China;
``(ii) the Russian Federation;
``(iii) the Islamic Republic of Iran;
``(iv) the Democratic People's Republic of
Korea;
``(v) the Republic of Cuba; and
``(vi) the Syrian Arab Republic.
``(B) Foreign government entity.--The term `foreign
governmental entity' includes--
``(i) any person employed by--
``(I) any department, agency, or
other entity of a foreign government at
the national, regional, or local level;
``(II) any governing party or
coalition of a foreign government at
the national, regional, or local level;
or
``(III) any entity majority-owned
or majority-controlled by a foreign
government at the national, regional,
or local level; and
``(ii) in the case of a country of concern,
any company, economic project, cultural
organization, exchange program, or
nongovernmental organization that is more than
33 percent owned or controlled by the
government of such country.
``(C) Representation.--The term `representation'
does not include representation by an attorney, who is
duly licensed and authorized to provide legal advice in
a United States jurisdiction, of a person or entity in
a legal capacity or for the purposes of rendering legal
advice.
``(2) Secretary of state and deputy secretary of state.--
With respect to a person serving as the Secretary of State or
the Deputy Secretary of State, the restrictions described in
section 207(f)(1) of title 18, United States Code, shall apply
to any such person who knowingly represents, aids, or advises a
foreign governmental entity before an officer or employee of
the executive branch of the United States with the intent to
influence a decision of such officer or employee in carrying
out his or her official duties at any time after the
termination of such person's service as Secretary or Deputy
Secretary.
``(3) Under secretaries, assistant secretaries, and
ambassadors.--With respect to a person serving as an Under
Secretary, Assistant Secretary, or Ambassador at the Department
of State or as the United States Permanent Representative to
the United Nations, the restrictions described in section
207(f)(1) of title 18, United States Code, shall apply to any
such person who knowingly represents, aids, or advises--
``(A) a foreign governmental entity before an
officer or employee of the executive branch of the
United States with the intent to influence a decision
of such officer or employee in carrying out his or her
official duties for 3 years after the termination of
such person's service in a position described in this
paragraph, or the duration of the term or terms of the
President who appointed that person to their position,
whichever is longer; or
``(B) a foreign governmental entity of a country of
concern before an officer or employee of the executive
branch of the United States with the intent to
influence a decision of such officer or employee in
carrying out his or her official duties at any time
after the termination of such person's service in a
position described in this paragraph.
``(4) Penalties and injunctions.--Any violations of the
restrictions under paragraphs (2) or (3) shall be subject to
the penalties and injunctions provided for under section 216 of
title 18, United States Code.
``(5) Notice of restrictions.--Any person subject to the
restrictions under this subsection shall be provided notice of
these restrictions by the Department of State--
``(A) upon appointment by the President; and
``(B) upon termination of service with the
Department of State.
``(6) Effective date.--The restrictions under this
subsection shall apply only to persons who are appointed by the
President to the positions referenced in this subsection on or
after 120 days after the date of the enactment of the
Department of State Authorization Act of 2022.
``(7) Sunset.--The restrictions under this subsection shall
expire on the date that is 5 years after the date of the
enactment of the Department of State Authorization Act of
2022.''.
SEC. 9216. EXPANSION OF AUTHORITIES REGARDING SPECIAL RULES FOR CERTAIN
MONTHLY WORKERS' COMPENSATION PAYMENTS AND OTHER
PAYMENTS.
Section 901 of division J of the Further Consolidated
Appropriations Act, 2020 (22 U.S.C. 2680b) is amended by adding at the
end the following:
``(j) Expansion of Authorities.--The head of any Federal agency may
exercise the authorities of this section, including to designate an
incident, whether the incident occurred in the United States or abroad,
for purposes of subparagraphs (A)(ii) and (B)(ii) of subsection (e)(4)
when the incident affects United States Government employees of the
agency or their dependents who are not under the security
responsibility of the Secretary of State as set forth in section 103 of
the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22
U.S.C. 4802) or when operational control of overseas security
responsibility for such employees or dependents has been delegated to
the head of the agency.''.
SEC. 9217. REPORT ON PILOT PROGRAM FOR LATERAL ENTRY INTO THE FOREIGN
SERVICE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of State for Management
shall submit a report to the appropriate congressional committees
describing the implementation of the pilot program for lateral entry
into the Foreign Service required under section 404(b) of the
Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-
323; 130 Stat. 1928).
(b) Matters to Be Included.--The report required under subsection
(a) shall include--
(1) the current status of implementation of the pilot
program, including a summary of concrete steps taken by the
Department to implement the pilot program;
(2) an explanation of any delays in implementation of the
pilot program;
(3) the number of mid-career individuals from the Civil
Service of the Department and the private sector who are
expected to participate in the pilot program during fiscal year
2023, disaggregated, to the extent practicable and to the
maximum extent that the collection of such data is permissible
by law, by sex, age, race and ethnicity, geographic origin, and
past occupation;
(4) an analysis of the skills gap identified by the
Department for the use of the pilot program's flexible-hiring
mechanism;
(5) any legal justification provided by the Office of the
Legal Adviser of the Department if the Department did not
implement the pilot program; and
(6) the estimated date by which the Department is expected
to implement the pilot program.
SEC. 9218. REPORT ON CHANGES TO THE FOREIGN SERVICE OFFICER TEST.
Not later than December 1, 2023, the Secretary shall submit a
report to the appropriate congressional committees describing and
justifying any changes made during fiscal years 2022 and 2023 to the
Foreign Service entry process, including--
(1) the use of artificial intelligence, including deep
textual analysis, in any portion of the entry process and its
impacts on recruitment into the Foreign Service;
(2) the use of virtual formats for any portion of the entry
process and its impacts on recruitment into the Foreign
Service; and
(3) the entities, groups, or individuals informed of or
consulted on any changes to the Foreign Service entry process
during the 1-year period immediately preceding the
implementation of such changes.
SEC. 9219. DIGNITY FOR PEOPLE WITH DISABILITIES SERVING IN THE FOREIGN
SERVICE.
The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) is
amended--
(1) in section 101(b)(2) (22 U.S.C. 3901(b)(2)), by
striking ``handicapping condition'' and inserting
``disability'';
(2) in section 105 (22 U.S.C. 3905), by striking
``handicapping condition'' each place such term appears and
inserting ``disability'';
(3) in section 1002(11)(A) (22 U.S.C. 4102(11)(A)), by
striking ``handicapping condition'' and inserting
``disability''; and
(4) in section 1015(b)(4) (22 U.S.C. 4115(b)(4)), by
striking ``handicapping condition'' and inserting
``disability''.
SEC. 9220. EXPANDING SCOPE OF FELLOWSHIP PROGRAMS TO INCLUDE CIVIL
SERVANTS.
(a) In General.--Section 47 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2719) is amended--
(1) in the first sentence--
(A) by inserting ``or the Civil Service'' after
``with the Foreign Service''; and
(B) by striking ``Foreign service Act of 1980'' and
inserting ``Foreign Service Act of 1980''; and
(2) in the second sentence, by inserting ``or the Civil
Service'' after ``Foreign Service''.
(b) Initial Report.--Not later than 30 days before expanding
participation to include civil servants in any fellowship program of
the Department, the Secretary shall submit a report to the appropriate
congressional committees that--
(1) identifies the affected fellowship program; and
(2) justifies expanding participation in such program.
(c) Follow-up Report.--Not later than 1 year after the expansion of
any fellowship program authorized under this section, the Secretary
shall submit a follow-up report to the appropriate congressional
committees that describes how the expansion of participation in such
program has impacted the effectiveness of the program.
TITLE XCIII--EMBASSY SECURITY AND CONSTRUCTION
SEC. 9301. AMENDMENTS TO SECURE EMBASSY CONSTRUCTION AND
COUNTERTERRORISM ACT OF 1999.
(a) Short Title.--This section may be cited as the ``Secure Embassy
Construction and Counterterrorism Act of 2022''.
(b) Findings.--Congress makes the following findings:
(1) The Secure Embassy Construction and Counterterrorism
Act of 1999 (title VI of division A of appendix G of Public Law
106-113) was a necessary response to bombings on August 7,
1998, at the United States embassies in Nairobi, Kenya, and in
Dar es Salaam, Tanzania, that were destroyed by simultaneously
exploding bombs. The resulting explosions killed 220 persons
and injured more than 4,000 others. Twelve Americans and 40
Kenyan and Tanzanian employees of the United States Foreign
Service were killed in the attacks.
(2) Those bombings, followed by the expeditionary
diplomatic efforts in Iraq and Afghanistan, demonstrated the
need to prioritize the security of United States posts and
personnel abroad above other considerations.
(3) Between 1999 and 2022, the risk calculus of the
Department impacted the ability of United States diplomats
around the world to advance the interests of the United States
through access to local populations, leaders, and places.
(4) America's competitors and adversaries do not have the
same restrictions that United States diplomats have, especially
in critically important medium-threat and high-threat posts.
(5) The Department's 2021 Overseas Security Panel report
states that--
(A) the requirement for setback and collocation of
diplomatic posts under paragraphs (2) and (3) of
section 606(a) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865(a)) has
led to skyrocketing costs of new embassies and
consulates; and
(B) the locations of such posts have become less
desirable, creating an extremely suboptimal nexus that
further hinders United States diplomats who are willing
to accept more risk in order to advance United States
interests.
(c) Sense of Congress.--It is the sense of Congress that--
(1) the setback and collocation requirements referred to in
subsection (b)(5)(A), even with available waivers, no longer
provide the security such requirements used to provide because
of advancement in technologies, such as remote controlled
drones, that can evade walls and other such static barriers;
(2) the Department should focus on creating performance
security standards that--
(A) attempt to keep the setback requirements of
diplomatic posts as limited as possible; and
(B) provide diplomats access to local populations
as much as possible, while still providing a necessary
level of security;
(3) collocation of diplomatic facilities is often not
feasible or advisable, particularly for public diplomacy spaces
whose mission is to reach and be accessible to wide sectors of
the public, including in countries with repressive governments,
since such spaces are required to permit the foreign public to
enter and exit the space easily and openly;
(4) the Bureau of Diplomatic Security should--
(A) fully utilize the waiver process provided under
paragraphs (2)(B) and (3)(B) of section 606(a) of the
Secure Embassy Construction and Counterterrorism Act of
1999 (22 U.S.C. 4865(a)); and
(B) appropriately exercise such waiver process as a
tool to right-size the appropriate security footing at
each diplomatic post rather than only approving waivers
in extreme circumstances;
(5) the return of great power competition requires--
(A) United States diplomats to do all they can to
outperform our adversaries; and
(B) the Department to better optimize use of
taxpayer funding to advance United States national
interests; and
(6) this section will better enable United States diplomats
to compete in the 21st century, while saving United States
taxpayers millions in reduced property and maintenance costs at
embassies and consulates abroad.
(d) Definition of United States Diplomatic Facility.--Section 603
of the Secure Embassy Construction and Counterterrorism Act of 1999
(title VI of division A of appendix G of Public Law 106-113) is amended
to read as follows:
``SEC. 603. UNITED STATES DIPLOMATIC FACILITY DEFINED.
``In this title, the terms `United States diplomatic facility' and
`diplomatic facility' mean any chancery, consulate, or other office
that--
``(1) is considered by the Secretary of State to be
diplomatic or consular premises, consistent with the Vienna
Convention on Diplomatic Relations, done at Vienna April 18,
1961, and the Vienna Convention on Consular Relations, done at
Vienna April 24, 1963, and was notified to the host government
as such; or
``(2) is otherwise subject to a publicly available
bilateral agreement with the host government (contained in the
records of the United States Department of State) that
recognizes the official status of the United States Government
personnel present at the facility.''.
(e) Guidance and Requirements for Diplomatic Facilities.--
(1) Guidance for closure of public diplomacy facilities.--
Section 5606(a) of the Public Diplomacy Modernization Act of
2021 (Public Law 117-81; 22 U.S.C. 1475g note) is amended to
read as follows:
``(a) In General.--In order to preserve public diplomacy facilities
that are accessible to the publics of foreign countries, not later than
180 days after the date of the enactment of the Secure Embassy
Construction and Counterterrorism Act of 2022, the Secretary of State
shall adopt guidelines to collect and utilize information from each
diplomatic post at which the construction of a new embassy compound or
new consulate compound could result in the closure or co-location of an
American Space that is owned and operated by the United States
Government, generally known as an American Center, or any other public
diplomacy facility under the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865 et seq.).''.
(2) Security requirements for united states diplomatic
facilities.--Section 606(a) of the Secure Embassy Construction
and Counterterrorism Act of 1999 (22 U.S.C. 4865(a)) is
amended--
(A) in paragraph (1)(A), by striking ``the threat''
and inserting ``a range of threats, including that'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``in a location
that has certain minimum ratings under
the Security Environment Threat List as
determined by the Secretary in his or
her discretion'' after ``abroad''; and
(II) by inserting ``, personnel of
the Peace Corps, and personnel of any
other type or category of facility that
the Secretary may identify'' after
``military commander''; and
(ii) in subparagraph (B)--
(I) by amending clause (i) to read
as follows:
``(i) In general.--Subject to clause (ii),
the Secretary of State may waive subparagraph
(A) if the Secretary, in consultation with, as
appropriate, the head of each agency employing
personnel that would not be located at the
site, if applicable, determines that it is in
the national interest of the United States
after taking account of any considerations the
Secretary in his or her discretion considers
relevant, which may include security
conditions.''; and
(II) in clause (ii), by striking
``(ii) Chancery or consulate
building.--'' and all that follows
through ``15 days prior'' and inserting
the following:
``(ii) Chancery or consulate building.--
Prior''; and
(C) in paragraph (3)--
(i) by amending subparagraph (A) to read as
follows:
``(A) Requirement.--
``(i) In general.--Each newly acquired
United States diplomatic facility in a location
that has certain minimum ratings under the
Security Environment Threat List as determined
by the Secretary of State in his or her
discretion shall--
``(I) be constructed or modified to
meet the measured building blast
performance standard applicable to a
diplomatic facility sited not less than
100 feet from the perimeter of the
property on which the facility is
situated; or
``(II) fulfill the criteria
described in clause (ii).
``(ii) Alternative engineering equivalency
standard requirement.--Each facility referred
to in clause (i) may, instead of meeting the
requirement under such clause, fulfill such
other criteria as the Secretary is authorized
to employ to achieve an engineering standard of
security and degree of protection that is
equivalent to the numerical perimeter distance
setback described in such clause seeks to
achieve.''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking ``security
considerations permit and'';
and
(bb) by inserting ``after
taking account of any
considerations the Secretary in
his or her discretion considers
relevant, which may include
security conditions'' after
``national interest of the
United States'';
(II) in clause (ii), by striking
``(ii) Chancery or consulate
building.--'' and all that follows
through ``15 days prior'' and inserting
the following:
``(ii) Chancery or consulate building.--
Prior''; and
(III) in clause (iii), by striking
``an annual'' and inserting ``a
quarterly''.
SEC. 9302. DIPLOMATIC SUPPORT AND SECURITY.
(a) Short Title.--This section may be cited as the ``Diplomatic
Support and Security Act of 2022''.
(b) Findings.--Congress makes the following findings:
(1) A robust overseas diplomatic presence is part of an
effective foreign policy, particularly in volatile environments
where a flexible and timely diplomatic response can be decisive
in preventing and addressing conflict.
(2) Diplomats routinely put themselves and their families
at great personal risk to serve their country overseas where
they face threats related to international terrorism, violent
conflict, and public health.
(3) The Department has a remarkable record of protecting
personnel while enabling an enormous amount of global
diplomatic activity, often in unsecure and remote places and
facing a variety of evolving risks and threats. With support
from Congress, the Department has revised policy, improved
physical security through retrofitting and replacing old
facilities, deployed additional security personnel and armored
vehicles, and greatly enhanced training requirements and
training facilities, including the new Foreign Affairs Security
Training Center in Blackstone, Virginia.
(4) Diplomatic missions rely on robust staffing and
ambitious external engagement to advance United States
interests as diverse as competing with China's malign influence
around the world, fighting terrorism and transnational
organized crime, preventing and addressing violent conflict and
humanitarian disasters, promoting United States businesses and
trade, protecting the rights of marginalized groups, addressing
climate change, and preventing pandemic disease.
(5) Efforts to protect personnel overseas have often
resulted in inhibiting diplomatic activity and limiting
engagement between embassy personnel and local governments and
populations.
(6) Given that Congress currently provides annual
appropriations in excess of $1,900,000,000 for embassy
security, construction, and maintenance, the Department should
be able to ensure a robust overseas presence without inhibiting
the ability of diplomats to--
(A) meet outside United States secured facilities
with foreign leaders to explain, defend, and advance
United States priorities;
(B) understand and report on foreign political,
social, and economic conditions through meeting and
interacting with community officials outside of United
States facilities;
(C) provide United States citizen services; and
(D) collaborate and, at times, compete with other
diplomatic missions, particularly those, such as that
of the People's Republic of China, that do not have
restrictions on meeting locations.
(7) Given these stakes, Congress has a responsibility to
empower, support, and hold the Department accountable for
implementing an aggressive strategy to ensure a robust overseas
presence that mitigates potential risks and adequately
considers the myriad direct and indirect consequences of a lack
of diplomatic presence.
(c) Encouraging Expeditionary Diplomacy.--
(1) Purpose.--Section 102(b) of the Diplomatic Security Act
of 1986 (22 U.S.C. 4801(b)) is amended--
(A) by amending paragraph (3) to read as follows:
``(3) to promote strengthened security measures,
institutionalize a culture of learning, and, in the case of
apparent gross negligence or breach of duty, recommend that the
Secretary investigate accountability for United States
Government personnel with security-related responsibilities
under chief of mission authority;'';
(B) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(C) by inserting after paragraph (3) the following:
``(4) to support a culture of risk management, instead of
risk avoidance, that enables the Department of State to pursue
its vital goals with full knowledge that it is neither
desirable nor possible for the Department to avoid all
risks;''.
(2) Briefings on embassy security.--Section 105(a)(1) of
the Diplomatic Security Act (22 U.S.C. 4804(a)) is amended--
(A) by striking ``any plans to open or reopen a
high risk, high threat post'' and inserting ``progress
towards opening or reopening a high risk, high threat
post, and the risk to national security of the
continued closure or any suspension of operations and
remaining barriers to doing so'';
(B) in subparagraph (A), by inserting ``the risk to
United States national security of the post's continued
closure or suspension of operations,'' after ``national
security of the United States,''; and
(C) in subparagraph (C), by inserting ``the type
and level of security threats such post could
encounter, and'' before ``security `tripwires'''.
(d) Security Review Committees.--Section 301 of the Diplomatic
Security Act (22 U.S.C. 4831) is amended--
(1) in the section heading, by striking ``accountability
review boards'' and inserting ``security review committees'';
(2) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) Convening the security review committee.--In any case
of a serious security incident involving loss of life, serious
injury, or significant destruction of property at, or related
to, a United States Government diplomatic mission abroad
(referred to in this title as a `Serious Security Incident'),
and in any case of a serious breach of security involving
intelligence activities of a foreign government directed at a
United States Government mission abroad, the Secretary of State
shall convene a Security Review Committee, which shall issue a
report providing a full account of what occurred, consistent
with section 304.'';
(B) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
``(2) Committee composition.--The Secretary shall designate
a Chairperson and may designate additional personnel of
commensurate seniority to serve on the Security Review
Committee, which shall include--
``(A) the Director of the Office of Management
Strategy and Solutions;
``(B) the Assistant Secretary responsible for the
region where the incident occurred;
``(C) the Assistant Secretary of State for
Diplomatic Security;
``(D) the Assistant Secretary of State for
Intelligence and Research;
``(E) an Assistant Secretary-level representative
from any involved United States Government department
or agency; and
``(F) other personnel determined to be necessary or
appropriate.'';
(D) in paragraph (3), as redesignated by subclause
(B)--
(i) in the paragraph heading, by striking
``Department of defense facilities and
personnel'' and inserting ``Exceptions to
convening a security review committee'';
(ii) by striking ``The Secretary of State
is not required to convene a Board in the
case'' and inserting the following:
``(A) In general.--The Secretary of State is not
required to convene a Security Review Committee--
``(i) if the Secretary determines that the
incident involves only causes unrelated to
security, such as when the security at issue is
outside of the scope of the Secretary of
State's security responsibilities under section
103;
``(ii) if operational control of overseas
security functions has been delegated to
another agency in accordance with section 106;
``(iii) if the incident is a cybersecurity
incident and is covered by other review
mechanisms; or
``(iv) in the case''; and
(iii) by striking ``In any such case'' and
inserting the following:
``(B) Department of defense investigations.--In the
case of an incident described in subparagraph
(A)(iv)''; and
(E) by adding at the end the following:
``(5) Rulemaking.--The Secretary of State shall promulgate
regulations defining the membership and operating procedures
for the Security Review Committee and provide such guidance to
the Chair and ranking members of the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives.'';
(3) in subsection (b)--
(A) in the subsection heading, by striking
``Boards'' and inserting ``Security Review
Committees''; and
(B) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary of State shall convene a
Security Review Committee not later than 60 days after the
occurrence of an incident described in subsection (a)(1), or 60
days after the Department first becomes aware of such an
incident, whichever is earlier, except that the 60-day period
for convening a Security Review Committee may be extended for
one additional 60-day period if the Secretary determines that
the additional period is necessary.''; and
(4) by amending subsection (c) to read as follows:
``(c) Congressional Notification.--Whenever the Secretary of State
convenes a Security Review Committee, the Secretary shall promptly
inform the chair and ranking member of--
``(1) the Committee on Foreign Relations of the Senate;
``(2) the Select Committee on Intelligence of the Senate;
``(3) the Committee on Appropriations of the Senate;
``(4) the Committee on Foreign Affairs of the House of
Representatives;
``(5) the Permanent Select Committee on Intelligence of the
House of Representatives; and
``(6) the Committee on Appropriations of the House of
Representatives.''.
(e) Technical and Conforming Amendments.--Section 302 of the
Diplomatic Security Act of 1986 (22 U.S.C. 4832) is amended--
(1) in the section heading, by striking ``accountability
review board'' and inserting ``security review committee''; and
(2) by striking ``a Board'' each place such term appears
and inserting ``a Security Review Committee''.
(f) Serious Security Incident Investigation Process.--Section 303
of the Diplomatic Security Act of 1986 (22 U.S.C. 4833) is amended to
read as follows:
``SEC. 303. SERIOUS SECURITY INCIDENT INVESTIGATION PROCESS.
``(a) Investigation Process.--
``(1) Initiation upon reported incident.--A United States
mission shall submit an initial report of a Serious Security
Incident not later than 3 days after such incident occurs,
whenever feasible, at which time an investigation of the
incident shall be initiated.
``(2) Investigation.--Not later than 10 days after the
submission of a report pursuant to paragraph (1), the Secretary
shall direct the Diplomatic Security Service to assemble an
investigative team to investigate the incident and
independently establish what occurred. Each investigation under
this subsection shall cover--
``(A) an assessment of what occurred, who
perpetrated or is suspected of having perpetrated the
Serious Security Incident, and whether applicable
security procedures were followed;
``(B) in the event the Serious Security Incident
involved a United States diplomatic compound,
motorcade, residence, or other facility, an assessment
of whether adequate security countermeasures were in
effect based on a known threat at the time of the
incident;
``(C) if the incident involved an individual or
group of officers, employees, or family members under
Chief of Mission security responsibility conducting
approved operations or movements outside the United
States mission, an assessment of whether proper
security briefings and procedures were in place and
whether weighing of risk of the operation or movement
took place; and
``(D) an assessment of whether the failure of any
officials or employees to follow procedures or perform
their duties contributed to the security incident.
``(3) Investigative team.--The investigative team assembled
pursuant to paragraph (2) shall consist of individuals from the
Diplomatic Security Service who shall provide an independent
examination of the facts surrounding the incident and what
occurred. The Secretary, or the Secretary's designee, shall
review the makeup of the investigative team for a conflict,
appearance of conflict, or lack of independence that could
undermine the results of the investigation and may remove or
replace any members of the team to avoid such an outcome.
``(b) Report of Investigation.--Not later than 90 days after the
occurrence of a Serious Security Incident, the investigative team
investigating the incident shall prepare and submit a Report of
Investigation to the Security Review Committee that includes--
``(1) a detailed description of the matters set forth in
subparagraphs (A) through (D) of subsection (a)(2), including
all related findings;
``(2) a complete and accurate account of the casualties,
injuries, and damage resulting from the incident; and
``(3) a review of security procedures and directives in
place at the time of the incident.
``(c) Confidentiality.--The investigative team investigating a
Serious Security Incident shall adopt such procedures with respect to
confidentiality as determined necessary, including procedures relating
to the conduct of closed proceedings or the submission and use of
evidence in camera, to ensure in particular the protection of
classified information relating to national defense, foreign policy, or
intelligence matters. The Director of National Intelligence shall
establish the level of protection required for intelligence information
and for information relating to intelligence personnel included in the
report required under subsection (b). The Security Review Committee
shall determine the level of classification of the final report
prepared pursuant to section 304(b), and shall incorporate the same
confidentiality measures in such report to the maximum extent
practicable.''.
(g) Findings and Recommendations of the Security Review
Committee.--Section 304 of the Diplomatic Security Act of 1986 (22
U.S.C. 4834) is amended to read as follows:
``SEC. 304. SECURITY REVIEW COMMITTEE FINDINGS AND REPORT.
``(a) Findings.--The Security Review Committee shall--
``(1) review the Report of Investigation prepared pursuant
to section 303(b), and all other evidence, reporting, and
relevant information relating to a Serious Security Incident at
a United States mission abroad, including an examination of the
facts and circumstances surrounding any serious injuries, loss
of life, or significant destruction of property resulting from
the incident; and
``(2) determine, in writing--
``(A) whether the incident was security related and
constituted a Serious Security Incident;
``(B) if the incident involved a diplomatic
compound, motorcade, residence, or other mission
facility--
``(i) whether the security systems,
security countermeasures, and security
procedures operated as intended; and
``(ii) whether such systems worked to
materially mitigate the attack or were found to
be inadequate to mitigate the threat and
attack;
``(C) if the incident involved an individual or
group of officers conducting an approved operation
outside the mission, whether a valid process was
followed in evaluating the requested operation and
weighing the risk of the operation, which determination
shall not seek to assign accountability for the
incident unless the Security Review Committee
determines that an official breached his or her duty;
``(D) the impact of intelligence and information
availability, and whether the mission was aware of the
general operating threat environment or any more
specific threat intelligence or information and took
that into account in ongoing and specific operations;
and
``(E) any other facts and circumstances that may be
relevant to the appropriate security management of
United States missions abroad.
``(b) Report.--
``(1) Submission to secretary of state.--Not later than 60
days after receiving the Report of Investigation prepared
pursuant to section 303(b), the Security Review Committee shall
submit a report to the Secretary of State that includes--
``(A) the findings described in subsection (a); and
``(B) any related recommendations.
``(2) Submission to congress.--Not later than 90 days after
receiving the report pursuant to paragraph (1), the Secretary
of State shall submit a copy of the report to--
``(A) the Committee on Foreign Relations of the
Senate;
``(B) the Select Committee on Intelligence of the
Senate;
``(C) the Committee on Appropriations of the
Senate;
``(D) the Committee on Foreign Affairs of the House
of Representatives;
``(E) the Permanent Select Committee on
Intelligence of the House of Representatives; and
``(F) the Committee on Appropriations of the House
of Representatives.
``(c) Personnel Recommendations.--If in the course of conducting an
investigation under section 303, the investigative team finds
reasonable cause to believe any individual described in section
303(a)(2)(D) has breached the duty of that individual or finds lesser
failures on the part of an individual in the performance of his or her
duties related to the incident, it shall be reported to the Security
Review Committee. If the Security Review Committee finds reasonable
cause to support the determination, it shall be reported to the
Secretary for appropriate action.''.
(h) Relation to Other Proceedings.--Section 305 of the Diplomatic
Security Act of 1986 (22 U.S.C. 4835) is amended--
(1) by inserting ``(a) No Effect on Existing Remedies or
Defenses.--'' before ``Nothing in this title''; and
(2) by adding at the end the following:
``(b) Future Inquiries.--Nothing in this title may be construed to
preclude the Secretary of State from convening a follow-up public board
of inquiry to investigate any security incident if the incident was of
such magnitude or significance that an internal process is deemed
insufficient to understand and investigate the incident. All materials
gathered during the procedures provided under this title shall be
provided to any related board of inquiry convened by the Secretary.''.
(i) Training for Foreign Service Personnel on Risk Management
Practices.--Not later than 120 days after the date of the enactment of
this Act, the Secretary shall develop and submit a strategy to the
appropriate congressional committees for training and educating Foreign
Service personnel regarding appropriate risk management practices while
conducting their duties in high risk, high threat environments that
includes--
(1) plans to continue to develop and offer additional
training courses, or augment existing courses, for Department
personnel regarding the conduct of their duties in high risk,
high threat environments outside of diplomatic compounds,
including for diplomatic personnel, such as political officers,
economic officers, and consular officers;
(2) plans to educate Senior Foreign Service personnel
serving abroad, including ambassadors, chiefs of mission,
deputy chiefs of missions, and regional security officers,
regarding appropriate risk management practices to employ while
evaluating requests for diplomatic operations in high risk,
high threat environments outside of diplomatic compounds; and
(3) plans and strategies for effectively balancing safety
risks with the need for in-person engagement with local
governments and populations.
(j) Sense of Congress Regarding the Establishment of the
Expeditionary Diplomacy Award.--It is the sense of Congress that the
Secretary should--
(1) encourage expeditionary diplomacy, proper risk
management practices, and regular and meaningful engagement
with civil society at the Department by establishing an annual
award, which shall be known as the ``Expeditionary Diplomacy
Award'', to be awarded to deserving officers and employees of
the Department; and
(2) establish procedures for selecting the recipients of
the Expeditionary Diplomacy Award, including any financial
terms associated with such award.
(k) Promotion in the Foreign Service.--Section 603(b) of the
Foreign Service Act of 1980 (22 U.S.C. 4003(b)) is amended--
(1) in the third sentence of the matter preceding paragraph
(1), by inserting ``and when occupying positions for which the
following is, to any degree, an element of the member's
duties,'' after ``as the case may be,'';
(2) in paragraph (1), by striking ``when occupying
positions for which such willingness and ability is, to any
degree, an element of the member's duties, or'' and inserting a
semicolon;
(3) by striking paragraph (2) and inserting the following:
``(3) other demonstrated experience in public diplomacy;
or'';
(4) by inserting after paragraph (1) the following:
``(2) a willingness and ability to regularly and
meaningfully engage with civil society and other local actors
in country;''; and
(5) by inserting after paragraph (3), as redesignated, the
following:
``(4) the ability to effectively manage and assess risk
associated with the conduct of diplomatic operations.''.
(l) Reporting Requirement.--Not later than 180 days after the date
of the enactment of this Act and every 180 days thereafter for the
following 2 years, the Secretary shall submit a report to the
appropriate congressional committees describing the Department's risk
management efforts, including information relating to--
(1) implementing this section and section 102(b) of the
Diplomatic Security Act (22 U.S.C. 4801), as amended by
subsection (c);
(2) encouraging and incentivizing appropriate Foreign
Service personnel to regularly and meaningfully engage with
civil society and other local actors in-country;
(3) promoting a more effective culture of risk management
and greater risk tolerance among all Foreign Service personnel,
including through additional risk management training and
education opportunities; and
(4) incorporating the provisions of this section into the
Foreign Affairs Manual regulations and implementing the Serious
Security Incident Investigation Permanent Coordinating
Committee established and convened pursuant to section 302(b)
of the Diplomatic Security Act (22 U.S.C. 4832(b)) to more
closely align Department procedures with the procedures used by
other Federal departments and agencies to analyze, weigh, and
manage risk.
SEC. 9303. ESTABLISHMENT OF UNITED STATES EMBASSIES IN SOLOMON ISLANDS,
KIRIBATI, AND TONGA AND A DIPLOMATIC PRESENCE IN VANUATU.
(a) Findings.--Congress makes the following findings:
(1) The Pacific Islands are vital to United States national
security and national interests in the Indo-Pacific region and
globally.
(2) The Pacific Islands region spans 15 percent of the
world's surface area and controls access to open waters in the
Central Pacific, sea lanes to the Western Hemisphere, supply
lines to United States forward-deployed forces in East Asia,
and economically important fisheries.
(3) The Pacific Islands region is home to the State of
Hawaii, 11 United States territories, United States Naval Base
Guam, and United States Andersen Air Force Base.
(4) Pacific Island countries cooperate with the United
States and United States partners on maritime security and
efforts to stop illegal, unreported, and destructive fishing.
(5) The Pacific Islands are rich in biodiversity and are on
the frontlines of environmental challenges and climate issues.
(6) The People's Republic of China seeks to increase its
influence in the Pacific Islands region, including through
infrastructure development under the People's Republic of
China's One Belt, One Road Initiative and its new security
agreement with the Solomon Islands.
(7) The United States closed its embassy in the Solomon
Islands in 1993.
(8) The United States Embassy in Papua New Guinea manages
the diplomatic affairs of the United States to the Republic of
Vanuatu and the Solomon Islands, and the United States Embassy
in Fiji manages the diplomatic affairs of the United States to
the Republic of Kiribati and the Kingdom of Tonga.
(9) The United States requires a physical and more robust
diplomatic presence in the Republic of Vanuatu, the Republic of
Kiribati, the Solomon Islands, and the Kingdom of Tonga, to
ensure the physical and operational security of our efforts in
those countries to deepen relations, protect United States
national security, and pursue United States national interests.
(10) Increasing the number of United States embassies
dedicated solely to a Pacific Island country demonstrates the
United States' ongoing commitment to the region and to the
Pacific Island countries.
(b) Establishment of Embassies.--
(1) In general.--As soon as possible, the Secretary
should--
(A) establish physical United States embassies in
the Republic of Kiribati and in the Kingdom of Tonga;
(B) upgrade the United States consular agency in
the Solomon Islands to an embassy; and
(C) establish a physical United States Government
presence in the Republic of Vanuatu.
(2) Other strategies.--
(A) Physical infrastructure.--In establishing
embassies pursuant to paragraph (1) and creating the
physical infrastructure to ensure the physical and
operational safety of embassy personnel, the Secretary
may pursue rent or purchase existing buildings or co-
locate personnel in embassies of like-minded partners,
such as Australia and New Zealand.
(B) Personnel.--In establishing a physical presence
in the Republic of Vanuatu pursuant to paragraph (1),
the Secretary may assign 1 or more United States
Government personnel to the Republic of Vanuatu as part
of the United States mission in Papua New Guinea.
(3) Waiver authority.--The President may waive the
requirements under paragraph (1) for a period of one year if
the President determines and reports to Congress in advance
that such waiver is necessary to protect the national security
interests of the United States.
(c) Authorization of Appropriations.--Of the amounts authorized to
be appropriated to the Department of State for Embassy Security,
Construction, and Maintenance--
(1) $40,200,000 is authorized to be appropriated for fiscal
year 2023--
(A) to establish and maintain the 3 embassies
authorized to be established under subsection (b); and
(B) to establish a physical United States
Government presence in the Republic of Vanuatu;
(2) $3,000,000 is authorized to be appropriated for fiscal
year 2024--
(A) to maintain such embassies; and
(B) to establish a physical United States
Government presence in the Republic of Vanuatu;
(d) Report.--
(1) Defined term.--In this subsection, the term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Progress report.--Not later than 180 days following the
date of the enactment of this Act, the Secretary shall submit
to the appropriate committees of Congress a report that
includes--
(A) a description of the status of activities
carried out to achieve the objectives described in this
section;
(B) an estimate of when embassies and a physical
presence will be fully established pursuant to
subsection (b)(1); and
(C) an update on events in the Pacific Islands
region relevant to the establishment of United States
embassies, including activities by the People's
Republic of China.
(3) Report on final disposition.--Not later than 2 years
after the date of the enactment of this Act, the Secretary
shall submit a report to the appropriate committees of Congress
that--
(A) confirms the establishment of the 3 embassies
and the physical presence required under subsection
(b)(1); or
(B) if the embassies and physical presence required
in subsection (b)(1) have not been established, a
justification for such failure to comply with such
requirement.
TITLE XCIV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
SEC. 9401. REPORT ON BARRIERS TO APPLYING FOR EMPLOYMENT WITH THE
DEPARTMENT OF STATE.
Not later than 120 days after the date of the enactment of this
Act, the Secretary shall submit a report to the appropriate
congressional committees that--
(1) identifies any barriers for applicants applying for
employment with the Department;
(2) provides demographic data of online applicants during
the most recent 3 years disaggregated by race, ethnicity, sex,
age, veteran status, disability, geographic region;
(3) assesses any barriers that exist for applying online
for employment with the Department, disaggregated by race,
ethnicity, sex, age, veteran status, disability, geographic
region; and
(4) includes recommendations for addressing any disparities
identified in the online application process.
SEC. 9402. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA.
(a) Initial Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees that includes disaggregated
demographic data and other information regarding the diversity of the
workforce of the Department.
(b) Data.--The report required under subsection (a) shall include,
to the maximum extent that the collection and dissemination of such
data can be done in a way that protects the confidentiality of
individuals and is otherwise permissible by law--
(1) demographic data on each element of the workforce of
the Department during the 3-year period ending on the date of
the enactment of this Act, disaggregated by rank and grade or
grade-equivalent, with respect to--
(A) individuals hired to join the workforce;
(B) individuals promoted, including promotions to
and within the Senior Executive Service or the Senior
Foreign Service;
(C) individuals serving as special assistants in
any of the offices of the Secretary of State, the
Deputy Secretary of State, the Counselor of the
Department of State, the Secretary's Policy Planning
Staff, the Under Secretary of State for Arms Control
and International Security, the Under Secretary of
State for Civilian Security, Democracy, and Human
Rights, the Under Secretary of State for Economic
Growth, Energy, and the Environment, the Under
Secretary of State for Management, the Under Secretary
of State for Political Affairs, and the Under Secretary
of State for Public Diplomacy and Public Affairs;
(D) individuals serving in each bureau's front
office;
(E) individuals serving as detailees to the
National Security Council;
(F) individuals serving on applicable selection
boards;
(G) members of any external advisory committee or
board who are subject to appointment by individuals at
senior positions in the Department;
(H) individuals participating in professional
development programs of the Department and the extent
to which such participants have been placed into senior
positions within the Department after such
participation;
(I) individuals participating in mentorship or
retention programs; and
(J) individuals who separated from the agency,
including individuals in the Senior Executive Service
or the Senior Foreign Service;
(2) an assessment of agency compliance with the essential
elements identified in Equal Employment Opportunity Commission
Management Directive 715, effective October 1, 2003;
(3) data on the overall number of individuals who are part
of the workforce, the percentages of such workforce
corresponding to each element specified in paragraph (1), and
the percentages corresponding to each rank, grade, or grade
equivalent; and
(4) the total amount of funds spent by the Department for
the purposes of advancing diversity, equity, inclusion, and
accessibility during each of the 4 previous fiscal years,
disaggregated, to the extent practicable, by bureau and
activity, including, as outlined in the Department's 2022
Diversity, Equity, Inclusion and Accessibility Strategic Plan--
(A) workforce pay and compensation;
(B) recruitment, hiring, promotions, and retention;
(C) reasonable accommodations for disability and
religion;
(D) safe workplaces; and
(E) addressing sexual harassment and
discrimination.
(c) Effectiveness of Department Efforts.--The report required under
subsection (a) shall describe and assess the effectiveness of the
efforts of the Department--
(1) to propagate fairness, impartiality, and inclusion in
the work environment, both domestically and abroad;
(2) to enforce anti-harassment and anti-discrimination
policies, both domestically and at posts overseas;
(3) to refrain from engaging in unlawful discrimination in
any phase of the employment process, including recruitment,
hiring, evaluation, assignments, promotion, retention, and
training;
(4) to prevent retaliation against employees for
participating in a protected equal employment opportunity
activity or for reporting sexual harassment or sexual assault;
(5) to provide reasonable accommodation for qualified
employees and applicants with disabilities;
(6) to recruit a representative workforce by--
(A) recruiting women, persons with disabilities,
and minorities;
(B) recruiting at women's colleges, historically
Black colleges and universities, minority-serving
institutions, and other institutions serving a
significant percentage of minority students;
(C) placing job advertisements in newspapers,
magazines, and job sites oriented toward women and
minorities;
(D) sponsoring and recruiting at job fairs in urban
and rural communities and at land-grant colleges or
universities;
(E) providing opportunities through the Foreign
Service Internship Program under chapter 12 of the
Foreign Service Act of 1980 (22 U.S.C. 4141 et seq.),
and other hiring initiatives;
(F) recruiting mid-level and senior-level
professionals through programs designed to increase
representation in international affairs of people
belonging to traditionally underrepresented groups;
(G) offering the Foreign Service written and oral
assessment examinations in several locations throughout
the United States or via online platforms to reduce the
burden of applicants having to travel at their own
expense to take either or both such examinations;
(H) expanding the use of paid internships; and
(I) supporting recruiting and hiring opportunities
through--
(i) the Charles B. Rangel International
Affairs Fellowship Program;
(ii) the Thomas R. Pickering Foreign
Affairs Fellowship Program; and
(iii) other initiatives, including agency-
wide policy initiatives; and
(7) to ensure transparency and accountability in the work
of the Chief Diversity and Inclusion Officer and the
Secretary's Office of Diversity and Inclusion, particularly
by--
(A) avoiding any duplication of existing diversity,
equity, inclusion, and accessibility efforts, including
with the Bureau of Global Talent Management, the Office
of Civil Rights, and other Department offices; and
(B) requiring measurable impacts in hiring,
retention, and other aspects of the Diversity, Equity,
Inclusion and Accessibility Strategic Plan.
(d) Annual Report.--
(1) In general.--Not later than 1 year after the
publication of the report required under subsection (a), and
annually thereafter for the following 5 years, the Secretary
shall submit a report to the appropriate congressional
committees, and make such report available on the Department's
website, that includes, without compromising the
confidentiality of individuals and to the extent otherwise
consistent with law--
(A) disaggregated demographic data, to the maximum
extent that collection of such data is permissible by
law, relating to the workforce and information on the
status of diversity and inclusion efforts of the
Department;
(B) an analysis of applicant flow data, to the
maximum extent that collection of such data is
permissible by law; and
(C) disaggregated demographic data relating to
participants in professional development programs of
the Department and the rate of placement into senior
positions for participants in such programs.
(2) Combination with other annual report.--The report
required under paragraph (1) may be combined with another
annual report required by law, to the extent practicable.
SEC. 9403. CENTERS OF EXCELLENCE IN FOREIGN AFFAIRS AND ASSISTANCE.
(a) Purpose.--The purposes of this section are--
(1) to advance the values and interests of the United
States overseas through programs that foster innovation,
competitiveness, and a plethora of backgrounds, views, and
experience in the formulation and implementation of United
States foreign policy and assistance; and
(2) to create opportunities for specialized research,
education, training, professional development, and leadership
opportunities for individuals belonging to an underrepresented
group within the Department and USAID.
(b) Study.--
(1) In general.--The Secretary and the Administrator of
USAID shall conduct a study on the feasibility of establishing
Centers of Excellence in Foreign Affairs and Assistance
(referred to in this section as the ``Centers of Excellence'')
within institutions that serve individuals belonging to an
underrepresented group to focus on 1 or more of the areas
described in paragraph (2).
(2) Elements.--In conducting the study required under
paragraph (1), the Secretary and the Administrator,
respectively, shall consider--
(A) opportunities to enter into public-private
partnerships that will--
(i) increase interest in foreign affairs
and foreign assistance Federal careers;
(ii) prepare an assorted cadre of students
(including nontraditional, mid-career, part-
time, and heritage students) and nonprofit or
business professionals with the skills and
education needed to meaningfully contribute to
the formulation and execution of United States
foreign policy and assistance;
(iii) support the conduct of research,
education, and extension programs that reflect
a wide range of perspectives and views of world
regions and international affairs--
(I) to assist in the development of
regional and functional foreign policy
skills;
(II) to strengthen international
development and humanitarian assistance
programs; and
(III) to strengthen democratic
institutions and processes in
policymaking, including in education,
health, wealth, justice, and other
sectors;
(iv) enable domestic and international
educational, internship, fellowship, faculty
exchange, training, employment or other
innovative programs to acquire or strengthen
knowledge of foreign languages, cultures,
societies, and international skills and
perspectives;
(v) support collaboration among
institutions of higher education, including
community colleges, nonprofit organizations,
and corporations, to strengthen the engagement
between experts and practitioners in the
foreign affairs and foreign assistance fields;
and
(vi) leverage additional public-private
partnerships with nonprofit organizations,
foundations, corporations, institutions of
higher education, and the Federal Government;
and
(B) budget and staffing requirements, including
appropriate sources of funding, for the establishment
and conduct of operations of such Centers of
Excellence.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees that contains the findings of the
study conducted pursuant to subsection (b).
SEC. 9404. PROMOTING TRANSPARENCY AND ACCOUNTABILITY IN THE DEPARTMENT
OF STATE WORKFORCE.
(a) In General.--The Secretary should establish a mechanism to
ensure that appointments or details of Department career employees to
staff positions in the Office of the Secretary, the Office of the
Deputy Secretary of State, the Office of the Counselor of the
Department, any office of the Secretary's Policy Planning Staff, and
any office of an Under Secretary of State, and details to the National
Security Council, are transparent, competitive, inclusive, and merit-
based.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary shall submit a report to the appropriate
congressional committees regarding the mechanism established pursuant
to subsection (a).
(c) Availability.--The Secretary shall--
(1) use transparent, competitive, inclusive, and merit-
based processes for appointments and details to the staff
positions specified in subsection (a); and
(2) ensure that such positions are equally available to all
employees of the Civil Service and the Foreign Service of the
Department.
SEC. 9405. RULE OF CONSTRUCTION.
Nothing in this title may be construed as altering existing law
regarding merit system principles.
TITLE XCV--INFORMATION SECURITY AND CYBER DIPLOMACY
SEC. 9501. UNITED STATES INTERNATIONAL CYBERSPACE POLICY.
(a) In General.--It is the policy of the United States--
(1) to work internationally to promote an open,
interoperable, reliable, and secure internet governed by the
multi-stakeholder model, which--
(A) promotes democracy, the rule of law, and human
rights, including freedom of expression;
(B) supports the ability to innovate, communicate,
and promote economic prosperity; and
(C) is designed to protect privacy and guard
against deception, malign influence, incitement to
violence, harassment and abuse, fraud, and theft;
(2) to encourage and aid United States allies and partners
in improving their own technological capabilities and
resiliency to pursue, defend, and protect shared interests and
values, free from coercion and external pressure; and
(3) in furtherance of the efforts described in paragraphs
(1) and (2)--
(A) to provide incentives to the private sector to
accelerate the development of the technologies referred
to in such paragraphs;
(B) to modernize and harmonize with allies and
partners export controls and investment screening
regimes and associated policies and regulations; and
(C) to enhance United States leadership in
technical standards-setting bodies and avenues for
developing norms regarding the use of digital tools.
(b) Implementation.--In implementing the policy described in
subsection (a), the President, in consultation with outside actors, as
appropriate, including private sector companies, nongovernmental
organizations, security researchers, and other relevant stakeholders,
in the conduct of bilateral and multilateral relations, shall strive--
(1) to clarify the applicability of international laws and
norms to the use of information and communications technology
(referred to in this subsection as ``ICT'');
(2) to reduce and limit the risk of escalation and
retaliation in cyberspace, damage to critical infrastructure,
and other malicious cyber activity that impairs the use and
operation of critical infrastructure that provides services to
the public;
(3) to cooperate with like-minded countries that share
common values and cyberspace policies with the United States,
including respect for human rights, democracy, and the rule of
law, to advance such values and policies internationally;
(4) to encourage the responsible development of new,
innovative technologies and ICT products that strengthen a
secure internet architecture that is accessible to all;
(5) to secure and implement commitments on responsible
country behavior in cyberspace, including commitments by
countries--
(A) not to conduct, or knowingly support, cyber-
enabled theft of intellectual property, including trade
secrets or other confidential business information,
with the intent of providing competitive advantages to
companies or commercial sectors;
(B) to take all appropriate and reasonable efforts
to keep their territories clear of intentionally
wrongful acts using ICT in violation of international
commitments;
(C) not to conduct or knowingly support ICT
activity that intentionally damages or otherwise
impairs the use and operation of critical
infrastructure providing services to the public, in
violation of international law;
(D) to take appropriate measures to protect the
country's critical infrastructure from ICT threats;
(E) not to conduct or knowingly support malicious
international activity that harms the information
systems of authorized international emergency response
teams (also known as ``computer emergency response
teams'' or ``cybersecurity incident response teams'')
of another country or authorize emergency response
teams to engage in malicious international activity, in
violation of international law;
(F) to respond to appropriate requests for
assistance to mitigate malicious ICT activity emanating
from their territory and aimed at the critical
infrastructure of another country;
(G) not to restrict cross-border data flows or
require local storage or processing of data; and
(H) to protect the exercise of human rights and
fundamental freedoms on the internet, while recognizing
that the human rights that people have offline also
need to be protected online; and
(6) to advance, encourage, and support the development and
adoption of internationally recognized technical standards and
best practices.
SEC. 9502. BUREAU OF CYBERSPACE AND DIGITAL POLICY.
(a) In General.--Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a), is amended--
(1) by redesignating subsections (i) and (j) as subsection
(j) and (k), respectively;
(2) by redesignating subsection (h) (as added by section
361(a)(1) of division FF of the Consolidated Appropriations
Act, 2021 (Public Law 116-260)) as subsection (l); and
(3) by inserting after subsection (h) the following:
``(i) Bureau of Cyberspace and Digital Policy.--
``(1) In general.--There is established, within the
Department of State, the Bureau of Cyberspace and Digital
Policy (referred to in this subsection as the `Bureau'). The
head of the Bureau shall have the rank and status of ambassador
and shall be appointed by the President, by and with the advice
and consent of the Senate.
``(2) Duties.--
``(A) In general.--The head of the Bureau shall
perform such duties and exercise such powers as the
Secretary of State shall prescribe, including
implementing the diplomatic and foreign policy aspects
of the policy described in section 9501(a) of the
Department of State Authorization Act of 2022.
``(B) Duties described.--The principal duties and
responsibilities of the head of the Bureau shall, in
furtherance of the diplomatic and foreign policy
mission of the Department of State, be--
``(i) to serve as the principal cyberspace
policy official within the senior management of
the Department of State and as the advisor to
the Secretary of State for cyberspace and
digital issues;
``(ii) to lead, coordinate, and execute, in
coordination with other relevant bureaus and
offices, the Department of State's diplomatic
cyberspace, and cybersecurity efforts
(including efforts related to data privacy,
data flows, internet governance, information
and communications technology standards, and
other issues that the Secretary has assigned to
the Bureau);
``(iii) to coordinate with relevant Federal
agencies and the Office of the National Cyber
Director to ensure the diplomatic and foreign
policy aspects of the cyber strategy in section
9501 of the Department of State Authorization
Act of 2022 and any other subsequent strategy
are implemented in a manner that is fully
integrated with the broader strategy;
``(iv) to promote an open, interoperable,
reliable, and secure information and
communications technology infrastructure
globally;
``(v) to represent the Secretary of State
in interagency efforts to develop and advance
Federal Government cyber priorities and
activities, including efforts to develop
credible national capabilities, strategies, and
policies to deter and counter cyber
adversaries, and carry out the purposes of
title V of the Department of State
Authorization Act of 2022;
``(vi) to engage civil society, the private
sector, academia, and other public and private
entities on relevant international cyberspace
and international information and
communications technology issues;
``(vii) to support United States Government
efforts to uphold and further develop global
deterrence frameworks for malicious cyber
activity;
``(viii) to advise the Secretary of State
and coordinate with foreign governments
regarding responses to national security-level
cyber incidents, including coordination on
diplomatic response efforts to support allies
and partners threatened by malicious cyber
activity, in conjunction with members of the
North Atlantic Treaty Organization and like-
minded countries;
``(ix) to promote the building of foreign
capacity relating to cyberspace policy
priorities;
``(x) to promote an open, interoperable,
reliable, and secure information and
communications technology infrastructure
globally and an open, interoperable, secure,
and reliable internet governed by the multi-
stakeholder model;
``(xi) to promote an international
environment for technology investments and the
internet that benefits United States economic
and national security interests;
``(xii) to promote cross-border flow of
data and combat international initiatives
seeking to impose unreasonable requirements on
United States businesses;
``(xiii) to promote international policies
to protect the integrity of United States and
international telecommunications infrastructure
from foreign-based threats, including cyber-
enabled threats;
``(xiv) to lead engagement, in coordination
with relevant executive branch agencies, with
foreign governments on relevant international
cyberspace, cybersecurity, cybercrime, and
digital economy issues described in title V of
the Department of State Authorization Act of
2022;
``(xv) to promote international policies,
in coordination with the Department of
Commerce, to secure radio frequency spectrum in
the best interests of the United States;
``(xvi) to promote and protect the exercise
of human rights, including freedom of speech
and religion, through the internet;
``(xvii) to build capacity of United States
diplomatic officials to engage on cyberspace
issues;
``(xviii) to encourage the development and
adoption by foreign countries of
internationally recognized standards, policies,
and best practices;
``(xix) to support efforts by the Global
Engagement Center to counter cyber-enabled
information operations against the United
States or its allies and partners; and
``(xx) to conduct such other matters as the
Secretary of State may assign.
``(3) Qualifications.--The head of the Bureau should be an
individual of demonstrated competency in the fields of--
``(A) cybersecurity and other relevant cyberspace
and information and communications technology policy
issues; and
``(B) international diplomacy.
``(4) Organizational placement.--
``(A) Initial placement.--Except as provided in
subparagraph (B), the head of the Bureau shall report
to the Deputy Secretary of State.
``(B) Subsequent placement.--The head of the Bureau
may report to an Under Secretary of State or to an
official holding a higher position than Under Secretary
if, not later than 15 days before any change in such
reporting structure, the Secretary of State--
``(i) consults with the Committee on
Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of
Representatives; and
``(ii) submits a report to such committees
that--
``(I) indicates that the Secretary,
with respect to the reporting structure
of the Bureau, has consulted with and
solicited feedback from--
``(aa) other relevant
Federal entities with a role in
international aspects of cyber
policy; and
``(bb) the elements of the
Department of State with
responsibility for aspects of
cyber policy, including the
elements reporting to--
``(AA) the Under
Secretary of State for
Political Affairs;
``(BB) the Under
Secretary of State for
Civilian Security,
Democracy, and Human
Rights;
``(CC) the Under
Secretary of State for
Economic Growth,
Energy, and the
Environment;
``(DD) the Under
Secretary of State for
Arms Control and
International Security
Affairs;
``(EE) the Under
Secretary of State for
Management; and
``(FF) the Under
Secretary of State for
Public Diplomacy and
Public Affairs;
``(II) describes the new reporting
structure for the head of the Bureau
and the justification for such new
structure; and
``(III) includes a plan describing
how the new reporting structure will
better enable the head of the Bureau to
carry out the duties described in
paragraph (2), including the security,
economic, and human rights aspects of
cyber diplomacy.
``(5) Special hiring authorities.--The Secretary of State
may--
``(A) appoint up to 25 employees to cyber positions
in the Bureau without regard to the provisions of
subchapter I of chapter 33 of title 5, United States
Code, regarding appointments in the competitive
service; and
``(B) fix the rates of basic pay of such employees
without regard to chapter 51 and subchapter III of
chapter 53 of such title regarding classification and
General Schedule pay rates, provided that the rates for
such positions do not exceed the annual rate of basic
pay in effect for a position at level IV of the
Executive Schedule under section 5315 of title 5,
United States Code.
``(6) Coordination.--In implementing the duties prescribed
under paragraph (2), the head of the Bureau shall coordinate
with the heads of other Federal agencies, including the
Department of Commerce, the Department of Homeland Security,
and other Federal agencies that the National Cyber Director
deems appropriate.
``(7) Rule of construction.--Nothing in this subsection may
be construed--
``(A) to preclude the head of the Bureau from being
designated as an Assistant Secretary, if such an
Assistant Secretary position does not increase the
number of Assistant Secretary positions at the
Department above the number authorized under subsection
(c)(1); or
``(B) to alter or modify the existing authorities
of any other Federal agency or official.''.
(b) Sense of Congress.--It is the sense of Congress that the Bureau
established under section 1(i) of the State Department Basic
Authorities Act of 1956, as added by subsection (a), should have a
diverse workforce composed of qualified individuals, including
individuals belonging to an underrepresented group.
(c) United Nations.--The Permanent Representative of the United
States to the United Nations should use the voice, vote, and influence
of the United States to oppose any measure that is inconsistent with
the policy described in section 9501(a).
SEC. 9503. INTERNATIONAL CYBERSPACE AND DIGITAL POLICY STRATEGY.
(a) Strategy Required.--Not later than 1 year after the date of the
enactment of this Act, the President, acting through the Secretary, and
in coordination with the heads of other relevant Federal departments
and agencies, shall develop an international cyberspace and digital
policy strategy.
(b) Elements.--The strategy required under subsection (a) shall
include--
(1) a review of actions and activities undertaken to
support the policy described in section 9501(a);
(2) a plan of action to guide the diplomacy of the
Department with regard to foreign countries, including--
(A) conducting bilateral and multilateral
activities--
(i) to develop and support the
implementation of norms of responsible country
behavior in cyberspace consistent with the
commitments listed in section 9501(b)(5);
(ii) to reduce the frequency and severity
of cyberattacks on United States individuals,
businesses, governmental agencies, and other
organizations;
(iii) to reduce cybersecurity risks to
United States and allied critical
infrastructure;
(iv) to improve allies' and partners'
collaboration with the United States on
cybersecurity issues, including information
sharing, regulatory coordination and
improvement, and joint investigatory and law
enforcement operations related to cybercrime;
and
(v) to share best practices and advance
proposals to strengthen civilian and private
sector resiliency to threats and access to
opportunities in cyberspace; and
(B) reviewing the status of existing efforts in
relevant multilateral fora, as appropriate, to obtain
commitments on international norms regarding
cyberspace;
(3) a review of alternative concepts for international
norms regarding cyberspace offered by foreign countries;
(4) a detailed description, in consultation with the Office
of the National Cyber Director and relevant Federal agencies,
of new and evolving threats regarding cyberspace from foreign
adversaries, state-sponsored actors, and non-state actors to--
(A) United States national security;
(B) the Federal and private sector cyberspace
infrastructure of the United States;
(C) intellectual property in the United States; and
(D) the privacy and security of citizens of the
United States;
(5) a review of the policy tools available to the President
to deter and de-escalate tensions with foreign countries,
state-sponsored actors, and private actors regarding--
(A) threats in cyberspace;
(B) the degree to which such tools have been used;
and
(C) whether such tools have been effective
deterrents;
(6) a review of resources required to conduct activities to
build responsible norms of international cyber behavior;
(7) a review, in coordination with the Office of the
National Cyber Director and the Office of Management and
Budget, to determine whether the budgetary resources, technical
expertise, legal authorities, and personnel available to the
Department are adequate to achieve the actions and activities
undertaken by the Department to support the policy described in
section 9501(a);
(8) a review to determine whether the Department is
properly organized and coordinated with other Federal agencies
to achieve the objectives described in section 9501(b); and
(9) a plan of action, developed in coordination with the
Department of Defense and in consultation with other relevant
Federal departments and agencies as the President may direct,
with respect to the inclusion of cyber issues in mutual defense
agreements.
(c) Form of Strategy.--
(1) Public availability.--The strategy required under
subsection (a) shall be available to the public in unclassified
form, including through publication in the Federal Register.
(2) Classified annex.--The strategy required under
subsection (a) may include a classified annex.
(d) Briefing.--Not later than 30 days after the completion of the
strategy required under subsection (a), the Secretary shall brief the
Committee on Foreign Relations of the Senate, the Select Committee on
Intelligence of the Senate, the Committee on Armed Services of the
Senate, the Committee on Foreign Affairs of the House of
Representatives, the Permanent Select Committee on Intelligence of the
House of Representatives, and the Committee on Armed Services of the
House of Representatives regarding the strategy, including any material
contained in a classified annex.
(e) Updates.--The strategy required under subsection (a) shall be
updated--
(1) not later than 90 days after any material change to
United States policy described in such strategy; and
(2) not later than 1 year after the inauguration of each
new President.
SEC. 9504. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON CYBER DIPLOMACY.
Not later than 18 months after the date of the enactment of this
Act, the Comptroller General of the United States shall submit a report
and provide a briefing to the appropriate congressional committees that
includes--
(1) an assessment of the extent to which United States
diplomatic processes and other efforts with foreign countries,
including through multilateral fora, bilateral engagements, and
negotiated cyberspace agreements, advance the full range of
United States interests regarding cyberspace, including the
policy described in section 9501(a);
(2) an assessment of the Department's organizational
structure and approach to managing its diplomatic efforts to
advance the full range of United States interests regarding
cyberspace, including a review of--
(A) the establishment of a Bureau within the
Department to lead the Department's international cyber
mission;
(B) the current or proposed diplomatic mission,
structure, staffing, funding, and activities of such
Bureau;
(C) how the establishment of such Bureau has
impacted or is likely to impact the structure and
organization of the Department; and
(D) what challenges, if any, the Department has
faced or will face in establishing such Bureau; and
(3) any other matters that the Comptroller General
determines to be relevant.
SEC. 9505. REPORT ON DIPLOMATIC PROGRAMS TO DETECT AND RESPOND TO CYBER
THREATS AGAINST ALLIES AND PARTNERS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary, in coordination with the heads of other relevant
Federal agencies, shall submit a report to the appropriate
congressional committees that assesses the capabilities of the
Department to provide civilian-led support for acute cyber incident
response in ally and partner countries that includes--
(1) a description and assessment of the Department's
coordination with cyber programs and operations of the
Department of Defense and the Department of Homeland Security;
(2) recommendations on how to improve coordination and
executive of Department involvement in programs or operations
to support allies and partners in responding to acute cyber
incidents; and
(3) the budgetary resources, technical expertise, legal
authorities, and personnel needed for the Department to
formulate and implement the programs described in this section.
SEC. 9506. CYBERSECURITY RECRUITMENT AND RETENTION.
(a) Sense of Congress.--It is the sense of Congress that improving
computer programming language proficiency will improve--
(1) the cybersecurity effectiveness of the Department; and
(2) the ability of foreign service officers to engage with
foreign audiences on cybersecurity matters.
(b) Technology Talent Acquisition.--
(1) Establishment.--The Secretary shall establish positions
within the Bureau of Global Talent Management that are solely
dedicated to the recruitment and retention of Department
personnel with backgrounds in cybersecurity, engineering, data
science, application development, artificial intelligence,
critical and emerging technology, and technology and digital
policy.
(2) Goals.--The goals of the positions described in
paragraph (1) shall be--
(A) to fulfill the critical need of the Department
to recruit and retain employees for cybersecurity,
digital, and technology positions;
(B) to actively recruit relevant candidates from
academic institutions, the private sector, and related
industries;
(C) to work with the Office of Personnel Management
and the United States Digital Service to develop and
implement best strategies for recruiting and retaining
technology talent; and
(D) to inform and train supervisors at the
Department on the use of the authorities listed in
subsection (c)(1).
(3) Implementation plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit a
plan to the appropriate congressional committees that describes
how the objectives and goals set forth in paragraphs (1) and
(2) will be implemented.
(4) Authorization of appropriations.--There is authorized
to be appropriated $750,000 for each of the fiscal years 2023
through 2027 to carry out this subsection.
(c) Annual Report on Hiring Authorities.--Not later than 1 year
after the date of the enactment of this Act, and annually thereafter
for the following 5 years, the Secretary shall submit a report to the
appropriate congressional committees that includes--
(1) a list of the hiring authorities available to the
Department to recruit and retain personnel with backgrounds in
cybersecurity, engineering, data science, application
development, artificial intelligence, critical and emerging
technology, and technology and digital policy;
(2) a list of which hiring authorities described in
paragraph (1) have been used during the previous 5 years;
(3) the number of employees in qualified positions hired,
aggregated by position and grade level or pay band;
(4) the number of employees who have been placed in
qualified positions, aggregated by bureau and offices within
the Department;
(5) the rate of attrition of individuals who begin the
hiring process and do not complete the process and a
description of the reasons for such attrition;
(6) the number of individuals who are interviewed by
subject matter experts and the number of individuals who are
not interviewed by subject matter experts; and
(7) recommendations for--
(A) reducing the attrition rate referred to in
paragraph (5) by 5 percent each year;
(B) additional hiring authorities needed to acquire
needed technology talent;
(C) hiring personnel to hold public trust positions
until such personnel can obtain the necessary security
clearance; and
(D) informing and training supervisors within the
Department on the use of the authorities listed in
paragraph (1).
(d) Incentive Pay for Cybersecurity Professionals.--To increase the
number of qualified candidates available to fulfill the cybersecurity
needs of the Department, the Secretary shall--
(1) include computer programming languages within the
Recruitment Language Program; and
(2) provide appropriate language incentive pay.
(e) Report.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter for the following 5 years, the
Secretary shall provide a list to the appropriate congressional
committees that identifies--
(1) the computer programming languages included within the
Recruitment Language Program and the language incentive pay
rate; and
(2) the number of individuals benefitting from the
inclusion of such computer programming languages in the
Recruitment Language Program and language incentive pay.
SEC. 9507. SHORT COURSE ON EMERGING TECHNOLOGIES FOR SENIOR OFFICIALS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall develop and begin providing,
for senior officials of the Department, a course addressing how the
most recent and relevant technologies affect the activities of the
Department.
(b) Throughput Objectives.--The Secretary should ensure that--
(1) during the first year that the course developed
pursuant to subsection (a) is offered, not fewer than 20
percent of senior officials are certified as having passed such
course; and
(2) in each subsequent year, until the date on which 80
percent of senior officials are certified as having passed such
course, an additional 10 percent of senior officials are
certified as having passed such course.
SEC. 9508. ESTABLISHMENT AND EXPANSION OF REGIONAL TECHNOLOGY OFFICER
PROGRAM.
(a) Regional Technology Officer Program.--
(1) Establishment.--The Secretary shall establish a
program, which shall be known as the ``Regional Technology
Officer Program'' (referred to in this section as the
``Program'').
(2) Goals.--The goals of the Program shall include the
following:
(A) Promoting United States leadership in
technology abroad.
(B) Working with partners to increase the
deployment of critical and emerging technology in
support of democratic values.
(C) Shaping diplomatic agreements in regional and
international fora with respect to critical and
emerging technologies.
(D) Building diplomatic capacity for handling
critical and emerging technology issues.
(E) Facilitating the role of critical and emerging
technology in advancing the foreign policy objectives
of the United States through engagement with research
labs, incubators, and venture capitalists.
(F) Maintaining the advantages of the United States
with respect to critical and emerging technologies.
(b) Implementation Plan.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit an implementation
plan to the appropriate congressional committees that outlines
strategies for--
(1) advancing the goals described in subsection (a)(2);
(2) hiring Regional Technology Officers and increasing the
competitiveness of the Program within the Foreign Service
bidding process;
(3) expanding the Program to include a minimum of 15
Regional Technology Officers; and
(4) assigning not fewer than 2 Regional Technology Officers
to posts within--
(A) each regional bureau of the Department; and
(B) the Bureau of International Organization
Affairs.
(c) Annual Briefing Requirement.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter for the
following 5 years, the Secretary shall brief the appropriate
congressional committees regarding the status of the implementation
plan required under subsection (b).
(d) Authorization of Appropriations.--There is authorized to be
appropriated up to $25,000,000 for each of the fiscal years 2023
through 2027 to carry out this section.
SEC. 9509. VULNERABILITY DISCLOSURE POLICY AND BUG BOUNTY PROGRAM
REPORT.
(a) Definitions.--In this section:
(1) Bug bounty program.--The term ``bug bounty program''
means a program under which an approved individual,
organization, or company is temporarily authorized to identify
and report vulnerabilities of internet-facing information
technology of the Department in exchange for compensation.
(2) Information technology.--The term ``information
technology'' has the meaning given such term in section 11101
of title 40, United States Code.
(b) Vulnerability Disclosure Policy.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall design,
establish, and make publicly known a Vulnerability Disclosure
Policy (referred to in this section as the ``VDP'') to improve
Department cybersecurity by--
(A) creating Department policy and infrastructure
to receive reports of and remediate discovered
vulnerabilities in line with existing policies of the
Office of Management and Budget and the Department of
Homeland Security Binding Operational Directive 20-01
or any subsequent directive; and
(B) providing a report on such policy and
infrastructure to Congress.
(2) Annual reports.--Not later than 180 days after the
establishment of the VDP pursuant to paragraph (1), and
annually thereafter for the following 5 years, the Secretary
shall submit a report on the VDP to the Committee on Foreign
Relations of the Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Select Committee on
Intelligence of the Senate, the Committee on Foreign Affairs of
the House of Representatives, the Committee on Homeland
Security of the House of Representatives, and the Permanent
Select Committee on Intelligence of the House of
Representatives that includes information relating to--
(A) the number and severity of all security
vulnerabilities reported;
(B) the number of previously unidentified security
vulnerabilities remediated as a result;
(C) the current number of outstanding previously
unidentified security vulnerabilities and Department of
State remediation plans;
(D) the average time between the reporting of
security vulnerabilities and remediation of such
vulnerabilities;
(E) the resources, surge staffing, roles, and
responsibilities within the Department used to
implement the VDP and complete security vulnerability
remediation;
(F) how the VDP identified vulnerabilities are
incorporated into existing Department vulnerability
prioritization and management processes;
(G) any challenges in implementing the VDP and
plans for expansion or contraction in the scope of the
VDP across Department information systems; and
(H) any other topic that the Secretary determines
to be relevant.
(c) Bug Bounty Program Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit a report
to Congress that describes any ongoing efforts by the
Department or a third-party vendor under contract with the
Department to establish or carry out a bug bounty program that
identifies security vulnerabilities of internet-facing
information technology of the Department.
(2) Report.--Not later than 180 days after the date on
which any bug bounty program is established, the Secretary
shall submit a report to the Committee on Foreign Relations of
the Senate, the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Foreign Affairs of the
House of Representatives, and the Committee on Homeland
Security of the House of Representatives regarding such
program, including information relating to--
(A) the number of approved individuals,
organizations, or companies involved in such program,
disaggregated by the number of approved individuals,
organizations, or companies that--
(i) registered;
(ii) were approved;
(iii) submitted security vulnerabilities;
and
(iv) received compensation;
(B) the number and severity of all security
vulnerabilities reported as part of such program;
(C) the number of previously unidentified security
vulnerabilities remediated as a result of such program;
(D) the current number of outstanding previously
unidentified security vulnerabilities and Department
remediation plans for such outstanding vulnerabilities;
(E) the average length of time between the
reporting of security vulnerabilities and remediation
of such vulnerabilities;
(F) the types of compensation provided under such
program;
(G) the lessons learned from such program;
(H) the public accessibility of contact information
for the Department regarding the bug bounty program;
(I) the incorporation of bug bounty program
identified vulnerabilities into existing Department
vulnerability prioritization and management processes;
and
(J) any challenges in implementing the bug bounty
program and plans for expansion or contraction in the
scope of the bug bounty program across Department
information systems.
TITLE XCVI--PUBLIC DIPLOMACY
SEC. 9601. UNITED STATES PARTICIPATION IN INTERNATIONAL FAIRS AND
EXPOSITIONS.
(a) Defined Term.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
(b) Authorization of Appropriations.--Consistent with section 204
of the Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (22 U.S.C. 2452b),
subject to subsections (c) and (d), there is authorized to be
appropriated to the Department up to $25,000,000 for each of the fiscal
years 2023 and 2024 for United States participation in international
fairs and expositions abroad, including for the construction and
operation of a United States pavilion at Expo 2025 Osaka.
(c) Cost-share Requirement.--Amounts made available pursuant to
subsection (b) to the Department for a United States pavilion or other
major exhibit at an international fair or exposition abroad shall be
made available on a cost-matching basis, to the maximum extent
practicable, from sources other than the United States Government.
(d) Notification.--
(1) In general.--No funds made available pursuant to
subsection (b) to the Department for a United States pavilion
or other major exhibit at an international fair or exposition
abroad may be obligated until at least 15 days after the
appropriate committees of Congress have been notified of such
intended obligation.
(2) Matters to be included.--Each notification under
paragraph (1) shall include--
(A) a description of the source of such funds,
including any funds reprogrammed or transferred by the
Department to be made available for such pavilion or
other major exhibit abroad;
(B) an estimate of the amount of investment such
pavilion or other major exhibit abroad could bring to
the United States; and
(C) a description of the strategy of the Department
to identify and obtain such matching funds from sources
other than the United States Government, in accordance
with subsection (c).
(e) Final Report.--Not later than 180 days after the date on which
a United States pavilion or other major exhibit abroad is opened at an
international fair or exposition in accordance with this section, the
Secretary shall submit a report to the appropriate committees of
Congress that includes--
(1) the number of United States businesses that
participated in such pavilion or other major exhibit; and
(2) the dollar amount and source of any matching funds
obtained by the Department.
SEC. 9602. UNDER SECRETARY FOR PUBLIC DIPLOMACY AND PUBLIC AFFAIRS.
(a) Financial and Human Resources Coordination.--Section 1(b)(3) of
the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is
amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) coordinate the allocation and management of
the financial and human resources for public diplomacy,
including for--
``(i) the Bureau of Educational and
Cultural Affairs;
``(ii) the Bureau of Global Public Affairs;
``(iii) the Office of Policy, Planning, and
Resources for Public Diplomacy and Public
Affairs;
``(iv) the Global Engagement Center; and
``(v) the public diplomacy functions within
the regional and functional bureaus.''.
(b) Sense of Congress on the Importance of Filling the Position of
Under Secretary for Public Diplomacy and Public Affairs.--It is the
sense of Congress that since a vacancy in the position of Under
Secretary of State for Public Diplomacy and Public Affairs is
detrimental to the national security interests of the United States,
the President should expeditiously nominate a qualified individual to
such position whenever such vacancy occurs to ensure that the bureaus
reporting to such position are able to fulfill their mission of--
(1) expanding and strengthening relationships between the
people of the United States and citizens of other countries;
and
(2) engaging, informing, and understanding the perspectives
of foreign audiences.
SEC. 9603. REPORT ON PUBLIC DIPLOMACY.
Not later than 120 days after the date of the enactment of this
Act, the Secretary shall submit to the appropriate congressional
committees a report that includes--
(1) an evaluation of the May 2019 merger of the Bureau of
Public Affairs and the Bureau of International Information
Programs to form the Bureau of Global Public Affairs with
respect to--
(A) the efficacy of the current configuration of
the bureaus reporting to the Under Secretary of State
for Public Diplomacy and Public Affairs in achieving
the mission of the Department;
(B) the metrics before and after such merger,
including personnel data, disaggregated by position and
location, content production, opinion polling, program
evaluations, and media appearances;
(C) the results of a survey of public diplomacy
practitioners to determine their opinion of the
efficacy of such merger and any adjustments that still
need to be made; and
(D) a plan for evaluating and monitoring, not less
frequently than once every 2 years, the programs,
activities, messaging, professional development
efforts, and structure of the Bureau of Global Public
Affairs, and submitting a summary of each such
evaluation to the appropriate congressional committees;
and
(2) a review of recent outside recommendations for
modernizing diplomacy at the Department with respect to public
diplomacy efforts, including--
(A) efforts in each of the bureaus reporting to the
Under Secretary of State for Public Diplomacy and
Public Affairs to address issues of diversity and
inclusion in their work, structure, data collection,
programming, and personnel, including any collaboration
with the Chief Diversity and Inclusion Officer;
(B) proposals to collaborate with think tanks and
academic institutions working on public diplomacy
issues to implement recent outside recommendations; and
(C) additional authorizations and appropriations
necessary to implement such recommendations.
SEC. 9604. PROMOTING PEACE, EDUCATION, AND CULTURAL EXCHANGE THROUGH
MUSIC DIPLOMACY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) music is an important conveyer of culture and can be
used to communicate values and build understanding between
communities;
(2) musical artists play a valuable role in cross-cultural
exchange, and their works and performances can promote
peacebuilding and conflict resolution efforts;
(3) the music industry in the United States has made
important contributions to American society and culture, and
musicians and industry professionals in the United States can
offer valuable expertise to young musical artists around the
world; and
(4) the United States Government should promote exchange
programs, especially programs that leverage the expertise and
resources of the private sector, that give young musical
artists from around the world the chance--
(A) to improve their skills;
(B) share ideas;
(C) learn about American culture; and
(D) develop the necessary skills to support
conflict resolution and peacebuilding efforts in their
communities and broader societies.
(b) Authorization of Music-related Exchange Programs.--The Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.;
commonly known as the Fulbright-Hays Act) is amended--
(1) in section 102(a)(2) (22 U.S.C. 2452(a)(2))--
(A) in clause (iii), by inserting ``and'' at the
end; and
(B) in clause (iv)--
(i) by inserting ``, including in
coordination and consultation with the private
sector,'' before ``similar''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(2) in section 112(a) (22 U.S.C. 2460(a))--
(A) in paragraph (8), by striking ``and'' at the
end;
(B) in paragraph (9), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(10) exchange programs, including in coordination and
consultation with the private sector, focused on music and the
performing arts that provide opportunities for foreign
nationals and Americans to build cross-cultural understanding
and advance peace abroad.''.
(c) Private Sector Partnerships.--
(1) In general.--The Secretary should continue--
(A) to partner with the private sector in support
of music-related exchange programs implemented by the
Bureau of Educational and Cultural Affairs (referred to
in this section as the ``ECA'');
(B) to leverage private sector expertise in
developing and implementing such programs; and
(C) to expand networking and mentorship
opportunities for program participants.
(2) Authorization of certain partnerships.--The Secretary
is authorized to partner with the private sector to recognize
musicians--
(A) whose works or performances have advanced peace
abroad; and
(B) who could contribute to networking and
mentorship opportunities for participants of music-
related exchange programs implemented by ECA.
(d) Strategy.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall submit a
strategy to the appropriate congressional committees, the
Committee on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives for advancing
United States foreign policy goals, including conflict
resolution and peacebuilding efforts, through music-related
exchange programs implemented by ECA. Such strategy shall
include--
(A) a description of clearly defined annual goals,
targets, and planned outcomes for each music-related
exchange program;
(B) a plan to monitor and evaluate each music-
related exchange program and progress made toward
achieving such goals, targets, and planned outcomes,
including measurable benchmarks;
(C) a plan to ensure that music-related exchange
programs are promoting United States foreign policy
objectives, including ensuring such programs are
clearly branded and paired with robust public diplomacy
efforts;
(D) a plan to pursue partnerships with the private
sector while implementing music-related exchange
programs, including leveraging industry expertise and
expanding networking and mentorship opportunities for
program participants;
(E) examples of how ECA's music-related exchange
programs have contributed to conflict resolution and
peacebuilding efforts to date, including through
participant and alumni actions;
(F) a description of lessons learned regarding how
to better encourage conflict resolution and
peacebuilding efforts through ECA's music-related
exchange programs; and
(G) a plan to incorporate such lessons learned into
relevant current and future programming.
(2) Consultation.--In developing the strategy required
under paragraph (1), the Secretary shall consult with the
appropriate congressional committees and relevant private
sector partners.
TITLE XCVII--OTHER MATTERS
SEC. 9701. SUPPORTING THE EMPLOYMENT OF UNITED STATES CITIZENS BY
INTERNATIONAL ORGANIZATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department should continue to eliminate the
unreasonable barriers United States nationals face to obtain
employment in the United Nations Secretariat, funds, programs,
and agencies; and
(2) the Department should bolster efforts to increase the
number of qualified United States nationals who are candidates
for leadership and oversight positions in the United Nations
system, agencies, and commissions, and in other international
organizations.
(b) In General.--The Secretary is authorized to promote the
employment and advancement of United States citizens by international
organizations and bodies, including by--
(1) providing stipends, consultation, and analytical
services to support United States citizen applicants; and
(2) making grants for the purposes described in paragraph
(1).
(c) Using Diplomatic Programs Funding To Promote the Employment of
United States Citizens by International Organizations.--Amounts
appropriated under the heading ``Diplomatic Programs'' in Acts making
appropriations for the Department of State, Foreign Operations, and
Related Programs are authorized to be appropriated for grants,
programs, and activities described in subsection (b).
(d) Strategy to Establish Junior Professional Program.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary, in coordination with
the Secretary of the Treasury and other relevant cabinet
members, shall publish a strategy for encouraging United States
citizens to pursue careers with international organizations,
particularly organizations that--
(A) set international scientific, technical, or
commercial standards; or
(B) are involved in international finance and
development.
(2) Report to congress.--Not later than 90 days after the
date of the enactment of this Act, the Secretary, in
coordination with the Secretary of the Treasury and other
relevant cabinet members, shall submit a report to the
appropriate congressional committees that identifies--
(A) the number of United States citizens who are
involved in relevant junior professional programs in an
international organization;
(B) the distribution of individuals described in
subparagraph (A) among various international
organizations; and
(C) the types of pre-deployment training that are
available to United States citizens through a junior
professional program at an international organization.
SEC. 9702. INCREASING HOUSING AVAILABILITY FOR CERTAIN EMPLOYEES
ASSIGNED TO THE UNITED STATES MISSION TO THE UNITED
NATIONS.
Section 9(2) of the United Nations Participation Act of 1945 (22
U.S.C. 287e-1(2)), is amended by striking ``30'' and inserting ``41''.
SEC. 9703. LIMITATION ON UNITED STATES CONTRIBUTIONS TO PEACEKEEPING
OPERATIONS NOT AUTHORIZED BY THE UNITED NATIONS SECURITY
COUNCIL.
The United Nations Participation Act of 1945 (22 U.S.C. 287 et
seq.) is amended by adding at the end the following:
``SEC. 12. LIMITATION ON UNITED STATES CONTRIBUTIONS TO PEACEKEEPING
OPERATIONS NOT AUTHORIZED BY THE UNITED NATIONS SECURITY
COUNCIL.
``None of the funds authorized to be appropriated or otherwise made
available to pay assessed and other expenses of international
peacekeeping activities under this Act may be made available for an
international peacekeeping operation that has not been expressly
authorized by the United Nations Security Council.''.
SEC. 9704. BOARDS OF RADIO FREE EUROPE/RADIO LIBERTY, RADIO FREE ASIA,
THE MIDDLE EAST BROADCASTING NETWORKS, AND THE OPEN
TECHNOLOGY FUND.
The United States International Broadcasting Act of 1994 (22 U.S.C.
6201 et seq.) is amended by inserting after section 306 (22 U.S.C.
6205) the following:
``SEC. 307. GRANTEE CORPORATE BOARDS OF DIRECTORS.
``(a) In General.--The corporate board of directors of each grantee
under this title--
``(1) shall be bipartisan;
``(2) shall, except as otherwise provided in this Act, have
the sole responsibility to operate their respective grantees
within the jurisdiction of their respective States of
incorporation;
``(3) shall be composed of not fewer than 5 members, who
shall be qualified individuals who are not employed in the
public sector; and
``(4) shall appoint successors in the event of vacancies on
their respective boards, in accordance with applicable bylaws.
``(b) Not Federal Employees.--No employee of any grantee under this
title may be a Federal employee.''.
SEC. 9705. BROADCASTING ENTITIES NO LONGER REQUIRED TO CONSOLIDATE INTO
A SINGLE PRIVATE, NONPROFIT CORPORATION.
Section 310 of the United States International Broadcasting Act of
1994 (22 U.S.C. 6209) is amended. to read as follows:
``SEC. 310. INCORPORATION AND NON-FEDERAL STATUS OF BROADCASTING
ENTITIES.
``(a) Defined Term.--In this chapter--
``(1) the term `grant' includes agreements under section
6305 of title 31, United States Code; and
``(2) the term `grantee' includes recipients of an
agreement described in paragraph (1).
``(b) Incorporation.--The Chief Executive Officer is authorized to
incorporate grantees in accordance with the regular notification
procedures of--
``(1) the Committee on Appropriations of the Senate;
``(2) the Committee on Foreign Relations of the Senate;
``(3) the Committee on Appropriations of the House of
Representatives; and
``(4) the Committee on Foreign Affairs of the House of
Representatives.
``(c) Federal Status.--Nothing in this chapter or in any other Act,
and no action taken pursuant to this chapter or any other Act, may be
construed to make a grantee incorporated pursuant to subsection (b), or
any other grantee or entity provided funding by the Agency, a Federal
agency or instrumentality.
``(d) Leadership of Grantee Organizations.--The chief executive
officer or the equivalent official of RFE/RL Inc., Radio Free Asia, the
Open Technology Fund, and the Middle East Broadcasting Networks, and
any other organization that is established or authorized under this
chapter, shall serve at the pleasure of, and may be named by, the Chief
Executive Officer of the Agency, with the concurrence of the Grantee
Board and subject to the approval of the Advisory Board pursuant to
section 306.''.
SEC. 9706. INTERNATIONAL BROADCASTING ACTIVITIES.
Section 305(a) of the United States International Broadcasting Act
of 1994 (22 U.S.C. 6204(a)) is amended--
(1) in paragraph (1), by striking ``direct and'';
(2) by striking paragraph (20);
(3) by redesignating paragraphs (21), (22), and (23) as
paragraphs (20), (21), and (22), respectively; and
(4) in paragraph (22), as redesignated, by striking ``and
to condition grants'' and all that follows and inserting a
period.
SEC. 9707. GLOBAL INTERNET FREEDOM.
(a) Statement of Policy.--It is the policy of the United States to
promote internet freedom through programs of the Department and USAID
that preserve and expand the internet as an open, global space for
freedom of expression and association, which shall be prioritized for
countries--
(1) whose governments restrict freedom of expression on the
internet; and
(2) that are important to the national interest of the
United States.
(b) Purpose and Coordination With Other Programs.--Global internet
freedom programming under this section--
(1) shall be coordinated with other United States foreign
assistance programs that promote democracy and support the
efforts of civil society--
(A) to counter the development of repressive
internet-related laws and regulations, including
countering threats to internet freedom at international
organizations;
(B) to combat violence against bloggers and other
civil society activists who utilize the internet; and
(C) to enhance digital security training and
capacity building for democracy activists;
(2) shall seek to assist efforts--
(A) to research key threats to internet freedom;
(B) to continue the development of technologies
that provide or enhance access to the internet,
including circumvention tools that bypass internet
blocking, filtering, and other censorship techniques
used by authoritarian governments; and
(C) to maintain the technological advantage of the
Federal Government over the censorship techniques
described in subparagraph (B); and
(3) shall be incorporated into country assistance and
democracy promotion strategies, as appropriate.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2023--
(1) $75,000,000 to the Department and USAID, to continue
efforts to promote internet freedom globally, and shall be
matched, to the maximum extent practicable, by sources other
than the Federal Government, including the private sector; and
(2) $49,000,000 to the United States Agency for Global
Media (referred to in this section as the ``USAGM'') and its
grantees, for internet freedom and circumvention technologies
that are designed--
(A) for open-source tools and techniques to
securely develop and distribute digital content
produced by the USAGM and its grantees;
(B) to facilitate audience access to such digital
content on websites that are censored;
(C) to coordinate the distribution of such digital
content to targeted regional audiences; and
(D) to promote and distribute such tools and
techniques, including digital security techniques.
(d) United States Agency for Global Media Activities.--
(1) Annual certification.--For any new tools or techniques
authorized under subsection (c)(2), the Chief Executive Officer
of the USAGM, in consultation with the President of the Open
Technology Fund (referred to in this subsection as the ``OTF'')
and relevant Federal departments and agencies, shall submit an
annual certification to the appropriate congressional
committees that verifies they--
(A) have evaluated the risks and benefits of such
new tools or techniques; and
(B) have established safeguards to minimize the use
of such new tools or techniques for illicit purposes.
(2) Information sharing.--The Secretary may not direct
programs or policy of the USAGM or the OTF, but may share any
research and development with relevant Federal departments and
agencies for the exclusive purposes of--
(A) sharing information, technologies, and best
practices; and
(B) assessing the effectiveness of such
technologies.
(3) United states agency for global media.--The Chief
Executive Officer of the USAGM, in consultation with the
President of the OTF, shall--
(A) coordinate international broadcasting programs
and incorporate such programs into country broadcasting
strategies, as appropriate;
(B) solicit project proposals through an open,
transparent, and competitive application process,
including by seeking input from technical and subject
matter experts; and
(C) support internet circumvention tools and
techniques for audiences in countries that are
strategic priorities for the OTF, in accordance with
USAGM's annual language service prioritization review.
(e) USAGM Report.--Not later than 120 days after the date of the
enactment of this Act, the Chief Executive Office of the USAGM shall
submit a report to the appropriate congressional committees that
describes--
(1) as of the date of the report--
(A) the full scope of internet freedom programs
within the USAGM, including--
(i) the efforts of the Office of Internet
Freedom; and
(ii) the efforts of the Open Technology
Fund;
(B) the capacity of internet censorship
circumvention tools supported by the Office of Internet
Freedom and grantees of the Open Technology Fund that
are available for use by individuals in foreign
countries seeking to counteract censors; and
(C) any barriers to the provision of the efforts
described in clauses (i) and (ii) of subparagraph (A),
including access to surge funding; and
(2) successful examples from the Office of Internet Freedom
and Open Technology Fund involving--
(A) responding rapidly to internet shutdowns in
closed societies; and
(B) ensuring uninterrupted circumvention services
for USAGM entities to promote internet freedom within
repressive regimes.
(f) Joint Report.--Not later than 60 days after the date of the
enactment of this Act, the Secretary and the Administrator of USAID
shall jointly submit a report, which may include a classified annex, to
the appropriate congressional committees that describes--
(1) as of the date of the report--
(A) the full scope of internet freedom programs
within the Department and USAID, including--
(i) Department circumvention efforts; and
(ii) USAID efforts to support internet
infrastructure;
(B) the capacity of internet censorship
circumvention tools supported by the Federal Government
that are available for use by individuals in foreign
countries seeking to counteract censors; and
(C) any barriers to provision of the efforts
enumerated in clauses (i) and (ii) of subsection
(e)(1)(A), including access to surge funding; and
(2) any new resources needed to provide the Federal
Government with greater capacity to provide and boost internet
access--
(A) to respond rapidly to internet shutdowns in
closed societies; and
(B) to provide internet connectivity to foreign
locations where the provision of additional internet
access service would promote freedom from repressive
regimes.
(g) Security Audits.--Before providing any support for open source
technologies under this section, such technologies must undergo
comprehensive security audits to ensure that such technologies are
secure and have not been compromised in a manner that is detrimental to
the interest of the United States or to the interests of individuals
and organizations benefitting from programs supported by such funding.
(h) Surge.--
(1) Authorization of appropriations.--Subject to paragraph
(2), there is authorized to be appropriated, in addition to
amounts otherwise made available for such purposes, up to
$2,500,000 to support internet freedom programs in closed
societies, including programs that--
(A) are carried out in crisis situations by vetted
entities that are already engaged in internet freedom
programs;
(B) involve circumvention tools; or
(C) increase the overseas bandwidth for companies
that received Federal funding during the previous
fiscal year.
(2) Certification.--Amounts authorized to be appropriated
pursuant to paragraph (1) may not be expended until the
Secretary has certified to the appropriate congressional
committees, the Committee on Appropriations of the Senate, and
the Committee on Appropriations of the House of Representatives
that the use of such funds is in the national interest of the
United States.
(i) Defined Term.--In this section, the term ``internet censorship
circumvention tool'' means a software application or other tool that an
individual can use to evade foreign government restrictions on internet
access.
SEC. 9708. ARMS EXPORT CONTROL ACT ALIGNMENT WITH THE EXPORT CONTROL
REFORM ACT.
Section 38(e) of the Arms Export Control Act (22 U.S.C. 2778(e)) is
amended--
(1) by striking ``subsections (c), (d), (e), and (g) of
section 11 of the Export Administration Act of 1979, and by
subsections (a) and (c) of section 12 of such Act'' and
inserting ``subsections (c) and (d) of section 1760 of the
Export Control Reform Act of 2018 (50 U.S.C. 4819), and by
subsections (a)(1), (a)(2), (a)(3), (a)(4), (a)(7), (c), and
(h) of section 1761 of such Act (50 U.S.C. 4820)'';
(2) by striking ``11(c)(2)(B) of such Act'' and inserting
``1760(c)(2) of such Act (50 U.S.C. 4819(c)(2))'';
(3) by striking ``11(c) of the Export Administration Act of
1979'' and inserting ``section 1760(c) of the Export Control
Reform Act of 2018 (50 U.S.C. 4819(c))''; and
(4) by striking ``$500,000'' and inserting ``the greater of
$1,200,000 or the amount that is twice the value of the
transaction that is the basis of the violation with respect to
which the penalty is imposed.''.
SEC. 9709. INCREASING THE MAXIMUM ANNUAL LEASE PAYMENT AVAILABLE
WITHOUT APPROVAL BY THE SECRETARY.
Section 10(a) of the Foreign Service Buildings Act, 1926 (22 U.S.C.
301(a)), is amended by striking ``$50,000'' and inserting ``$100,000''.
SEC. 9710. REPORT ON UNITED STATES ACCESS TO CRITICAL MINERAL RESOURCES
ABROAD.
Not later than 120 days after the date of the enactment of this
Act, the Secretary shall submit a report to the appropriate
congressional committees that details, with regard to the Department--
(1) diplomatic efforts to ensure United States access to
critical minerals acquired from outside of the United States
that are used to manufacture clean energy technologies; and
(2) collaboration with other parts of the Federal
Government to build a robust supply chain for critical minerals
necessary to manufacture clean energy technologies.
SEC. 9711. OVERSEAS UNITED STATES STRATEGIC INFRASTRUCTURE DEVELOPMENT
PROJECTS.
(a) Assessment of Impact to United States National Security of
Infrastructure Projects by the People's Republic of China in the
Developing World.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit a report to the appropriate congressional committees, the
Select Committee on Intelligence of the Senate, and the Permanent
Select Committee on Intelligence of the House of Representatives
regarding the One Belt, One Road Initiative, which is the global
infrastructure development strategy initiated by the Government of the
People's Republic of China in 2013.
(b) Report Elements.--The report required under subsection (a)
shall--
(1) describe the nature and cost of One Belt, One Road
Initiative investments, operation, and construction of
strategic infrastructure projects, including logistics,
refining, and processing industries and resource facilities,
and critical and strategic mineral resource extraction
projects, including an assessment of--
(A) the strategic benefits of such investments that
are derived by the People's Republic of China and the
host nation; and
(B) the negative impacts of such investments to the
host nation and to United States interests;
(2) describe the nature and total funding of United States'
strategic infrastructure investments and construction, such as
projects financed through initiatives such as Prosper Africa
and the Millennium Challenge Corporation;
(3) assess the national security threats posed by the
foreign infrastructure investment gap between the People's
Republic of China and the United States, including strategic
infrastructure, such as ports, market access to, and the
security of, critical and strategic minerals, digital and
telecommunications infrastructure, threats to the supply
chains, and general favorability towards the People's Republic
of China and the United States among the populations of host
countries;
(4) assess the opportunities and challenges for companies
based in the United States and companies based in United States
partner and allied countries to invest in foreign strategic
infrastructure projects in countries where the People's
Republic of China has focused these types of investments;
(5) identify challenges and opportunities for the United
States Government and United States partners and allies to more
directly finance and otherwise support foreign strategic
infrastructure projects, including an assessment of the
authorities and capabilities of United States agencies,
departments, public-private partnerships, and international or
multilateral organizations to support such projects without
undermining United States domestic industries, such as domestic
mineral deposits; and
(6) include recommendations for United States Government
agencies to undertake or increase support for United States
businesses to support foreign, large-scale, strategic
infrastructure projects, such as roads, power grids, and ports.
SEC. 9712. PROVISION OF PARKING SERVICES AND RETENTION OF PARKING FEES.
The Secretary of State may--
(1) provide parking services, including electric vehicle
charging and other parking services, in facilities operated by
or for the Department; and
(2) charge fees for such services that may be deposited
into the appropriate account of the Department, to remain
available until expended for the purposes of such account,
provided that the fees shall not exceed the cost of the
providing such services.
SEC. 9713. DIPLOMATIC RECEPTION AREAS.
(a) Defined Term.--In this section, the term ``reception areas''
has the meaning given such term in section 41(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2713(c)).
(b) In General.--The Secretary may sell goods and services at fair
market value and use the proceeds of such sales for administration and
related support of the reception areas.
(c) Amounts Collected.--Amounts collected pursuant to the authority
provided under subsection (b) may be deposited into an account in the
Treasury, to remain available until expended.
SEC. 9714. RETURN OF SUPPORTING DOCUMENTS FOR PASSPORT APPLICATIONS
THROUGH UNITED STATES POSTAL SERVICE CERTIFIED MAIL.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall establish a procedure that
provides, to any individual applying for a new United States passport
or to renew the United States passport of the individual by mail, the
option to have supporting documents for the application returned to the
individual by the United States Postal Service through certified mail.
(b) Cost.--
(1) Responsibility.--The cost of returning supporting
documents to an individual as described in subsection (a) shall
be the responsibility of the individual.
(2) Fee.--The fee charged to the individual by the
Secretary for returning supporting documents as described in
subsection (a) shall be the sum of--
(A) the retail price charged by the United States
Postal Service for the service; and
(B) the estimated cost of processing the return of
the supporting documents.
(3) Report.--Not later than 30 days after the establishment
of the procedure required under subsection (a), the Secretary
shall submit a report to the appropriate congressional
committees that--
(A) details the costs included in the processing
fee described in paragraph (2); and
(B) includes an estimate of the average cost per
request.
SEC. 9715. REPORT ON DISTRIBUTION OF PERSONNEL AND RESOURCES RELATED TO
ORDERED DEPARTURES AND POST CLOSURES.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of State shall submit a report to the appropriate
congressional committees that describes--
(1) how Department personnel and resources dedicated to
Mission Afghanistan were reallocated following the closure of
diplomatic posts in Afghanistan in August 2021; and
(2) the extent to which Department personnel and resources
for Mission Iraq were reallocated following ordered departures
for diplomatic posts in March 2020, and how such resources were
reallocated.
SEC. 9716. ELIMINATION OF OBSOLETE REPORTS.
(a) Certification of Effectiveness of the Australia Group.--Section
2(7) of Senate Resolution 75 (105th Congress) is amended by striking
subparagraph (C).
(b) Plans to Implement the Gandhi-King Scholarly Exchange
Initiative.--The Gandhi-King Scholarly Exchange Initiative Act
(subtitle D of title III of division FF of Public Law 116-260) is
amended by striking section 336.
(c) Progress Report on Jerusalem Embassy.--The Jerusalem Embassy
Act of 1995 (Public Law 104-45) is amended by striking section 6.
(d) Presidential Anti-pedophilia Certification.--Section 102 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236) is amended by striking subsection (g).
(e) Microenterprise for Self-reliance Report.--Title III of the
Microenterprise for Self-Reliance and International Anti-Corruption Act
of 2000 (Public Law 106-309; 22 U.S.C. 2462 note) is amended by
striking section 304.
SEC. 9717. LOCALITY PAY FOR FEDERAL EMPLOYEES WORKING OVERSEAS UNDER
DOMESTIC EMPLOYEE TELEWORKING OVERSEAS AGREEMENTS.
(a) Definitions.--In this section:
(1) Civil service.--The term ``civil service'' has the
meaning given the term in section 2101 of title 5, United
States Code.
(2) Covered employee.--The term ``covered employee'' means
an employee who--
(A) occupies a position in the civil service; and
(B) is working overseas under a Domestic Employee
Teleworking Overseas agreement.
(3) Locality pay.--The term ``locality pay'' means a
locality-based comparability payment paid in accordance with
subsection (b).
(4) Nonforeign area.--The term ``nonforeign area'' has the
meaning given the term in section 591.205 of title 5, Code of
Federal Regulations, or any successor regulation.
(5) Overseas.--The term ``overseas'' means any geographic
location that is not in--
(A) the continental United States; or
(B) a nonforeign area.
(b) Payment of Locality Pay.--Each covered employee shall be paid
locality pay in an amount that is equal to the lesser of--
(1) the amount of a locality-based comparability payment
that the covered employee would have been paid under section
5304 or 5304a of title 5, United States Code, had the official
duty station of the covered employee not been changed to
reflect an overseas location under the applicable Domestic
Employee Teleworking Overseas agreement; or
(2) the amount of a locality-based comparability payment
that the covered employee would be paid under section 1113 of
the Supplemental Appropriations Act, 2009 (Public Law 111-32),
as limited under section 9802(c)(2) of this Act, if the covered
employee were an eligible member of the Foreign Service (as
defined in subsection (b) of such section 1113).
(c) Application.--Locality pay paid to a covered employee under
this section--
(1) shall begin to be paid not later than 60 days after the
date of the enactment of this Act; and
(2) shall be treated in the same manner, and subject to the
same terms and conditions, as a locality-based comparability
payment paid under section 5304 or 5304a of title 5, United
States Code.
SEC. 9718. REPORT ON COUNTERING THE ACTIVITIES OF MALIGN ACTORS.
(a) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary, in consultation with
the Secretary of the Treasury and the Administrator, shall
submit a report to the Committee on Foreign Relations of the
Senate, the Committee on Armed Services of the Senate, the
Select Committee on Intelligence of the Senate, the Committee
on Foreign Affairs of the House of Representatives, the
Committee on Armed Services of the House of Representatives,
and the Permanent Select Committee on Intelligence of the House
of Representatives regarding United States diplomatic efforts
in Africa in achieving United States policy goals and
countering the activities of malign actors.
(2) Elements.--The report required under paragraph (1)
shall include--
(A) case studies from Mali, Sudan, the Central
African Republic, the Democratic Republic of the Congo,
Burkina Faso, and South Sudan, with the goal of
assessing the effectiveness of diplomatic tools during
the 5-year period ending on the date of the enactment
of this Act; and
(B) an assessment of--
(i) the extent and effectiveness of certain
diplomatic tools to advance United States
priorities in the respective case study
countries, including--
(I) in-country diplomatic presence;
(II) humanitarian and development
assistance;
(III) support for increased 2-way
trade and investment;
(IV) United States security
assistance;
(V) public diplomacy; and
(VI) accountability measures,
including sanctions;
(ii) whether the use of the diplomatic
tools described in clause (i) achieved the
diplomatic ends for which they were intended;
and
(iii) the means by which the Russian
Federation and the People's Republic of China
exploited any openings for diplomatic
engagement in the case study countries.
(b) Form.--The report required under subsection (b) shall be
submitted in classified form.
(c) Classified Briefing Required.--Not later than 1 year after the
date of the enactment of this Act, the Secretary and the Administrator
shall jointly brief Congress regarding the report required under
subsection (b).
TITLE XCVIII--EXTENSION OF AUTHORITIES
SEC. 9801. DIPLOMATIC FACILITIES.
For the purposes of calculating the costs of providing new United
States diplomatic facilities in any fiscal year, in accordance with
section 604(e) of the Secure Embassy Construction and Counterterrorism
Act of 1999 (22 U.S.C. 4865 note), the Secretary of State, in
consultation with the Director of the Office of Management and Budget,
shall determine the annual program level and agency shares for such
fiscal year in a manner that is proportional to the contribution of the
Department of State for this purpose.
SEC. 9802. EXTENSION OF EXISTING AUTHORITIES.
(a) Passport Fees.--Section 1(b)(2) of the Passport Act of June 4,
1920 (22 U.S.C. 214(b)(2)) shall be applied by striking ``September 30,
2010'' and inserting ``September 30, 2026''.
(b) USAID Civil Service Annuitant Waiver.--Section 625(j)(1)(B) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2385(j)(1)(B)) shall be
applied by striking ``October 1, 2010'' and inserting ``September 30,
2024''.
(c) Overseas Pay Comparability and Limitation.--
(1) In general.--The authority provided under section 1113
of the Supplemental Appropriations Act, 2009 (Public Law 111-
32) shall remain in effect through September 30, 2024.
(2) Limitation.--The authority described in paragraph (1)
may not be used to pay an eligible member of the Foreign
Service (as defined in section 1113(b) of the Supplemental
Appropriations Act, 2009 (Public Law 111-32)) a locality-based
comparability payment (stated as a percentage) that exceeds
two-thirds of the amount of the locality-based comparability
payment (stated as a percentage) that would be payable to such
member under section 5304 of title 5, United States Code, if
such member's official duty station were in the District of
Columbia.
(d) Inspector General Annuitant Waiver.--The authorities provided
under section 1015(b) of the Supplemental Appropriations Act, 2010
(Public Law 111-212)--
(1) shall remain in effect through September 30, 2024; and
(2) may be used to facilitate the assignment of persons for
oversight of programs in Somalia, South Sudan, Syria,
Venezuela, and Yemen.
(e) Security Review Committees.--The authority provided under
section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism
Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain in effect for
facilities in Afghanistan and shall apply to facilities in Ukraine
through September 30, 2024, except that the notification and reporting
requirements contained in such section shall include the appropriate
congressional committees, the Committee on Appropriations of the
Senate, and the Committee on Appropriations of the House of
Representatives.
(f) Department of State Inspector General Waiver Authority.--The
Inspector General of the Department may waive the provisions of
subsections (a) through (d) of section 824 of the Foreign Service Act
of 1980 (22 U.S.C. 4064), on a case-by-case basis, for an annuitant
reemployed by the Inspector General on a temporary basis, subject to
the same constraints and in the same manner by which the Secretary of
State may exercise such waiver authority pursuant to subsection (g) of
such section.
SEC. 9803. COMMISSION ON REFORM AND MODERNIZATION OF THE DEPARTMENT OF
STATE.
(a) Short Title.--This section may be cited as the ``Commission on
Reform and Modernization of the Department of State Act''.
(b) Establishment of Commission.--There is established, in the
legislative branch, the Commission on Reform and Modernization of the
Department of State (referred to in this section as the
``Commission'').
(c) Purposes.--The purposes of the Commission are--
(1) to examine the changing nature of diplomacy and the
ways in which the Department can modernize to advance the
interests of the United States; and
(2) to offer recommendations to the President and Congress
related to--
(A) the organizational structure of the Department;
(B) personnel-related matters, including
recruitment, promotion, training, and retention of the
Department's workforce in order to foster effective
diplomacy worldwide, including measures to strengthen
diversity and inclusion to ensure that the Department's
workforce represents all of America;
(C) the Department of State's domestic and overseas
facilities;
(D) the link among diplomacy and defense,
development, commercial, health, law enforcement,
science, technology, and other core United States
interests;
(E) legislation that authorizes United States
diplomacy, including the Foreign Service Act of 1980
(Public Law 96-465); and
(F) related regulations, rules, and processes that
define United States diplomatic efforts, including the
Foreign Affairs Manual.
(d) Membership.--
(1) Composition.--The Commission shall be composed of 16
members, of whom--
(A) 4 members shall be appointed by the President
in a nonpartisan manner;
(B) 2 members (1 of whom may be a Member of
Congress) shall be appointed by the majority leader of
the Senate;
(C) 2 members (1 of whom may be a Member of
Congress) shall be appointed by the Speaker of the
House of Representatives;
(D) 2 members (1 of whom may be a Member of
Congress) shall be appointed by the minority leader of
the Senate;
(E) 2 members (1 of whom may be a Member of
Congress) shall be appointed by the minority leader of
the House of Representatives;
(F) 1 member shall be appointed by the chairperson
of the Committee on Foreign Relations of the Senate;
(G) 1 member shall be appointed by the ranking
member of the Committee on Foreign Relations of the
Senate;
(H) 1 member shall be appointed by the chairperson
of the Committee on Foreign Affairs of the House of
Representatives; and
(I) 1 member shall be appointed by the ranking
member of the Committee on Foreign Affairs of the House
of Representatives.
(2) Qualifications.--
(A) Membership.--Any member of the Commission who
is not a Member of Congress shall be a private United
States citizen who is nationally recognized and has
significant depth of experience in international
relations, data-driven management, and the
policymaking, programmatic, and personnel aspects of
the Department.
(B) Restrictions.--
(i) Foreign agents registration act of
1938.--No member of the Commission may be a
current or former registrant under the Foreign
Agents Registration Act of 1938 (22 U.S.C. 611
et seq.).
(ii) Members of congress.--Not more than 4
members of the Commission may be Members of
Congress, who may only be appointed by the
Majority Leader of the Senate, the Minority
Leader of the Senate, the Speaker of the House
of Representatives, and the Minority Leader of
the House of Representatives in accordance with
paragraph (1). None of the members of the
Commission may be individuals who are eligible
to make such appointments.
(3) Appointments.--
(A) Deadline.--Members of the Commission shall be
appointed pursuant to paragraph (1) not later than 90
days after the date of the enactment of this Act.
(B) Period of appointment; vacancies.--Members of
the Commission shall be appointed for the life of the
Commission. Any vacancy in the Commission shall not
affect the powers of the Commission and shall be filled
in the same manner as the original appointment.
(C) Notifications.--Individuals making appointments
pursuant to paragraph (1) shall notify the Chair and
Ranking Member of the appropriate committees of
Congress and the Secretary of State of such
appointments.
(D) Co-chairpersons.--
(i) Democratic leaders.--The Democratic
leader in the Senate and the Democratic leader
in the House of Representatives shall jointly
select 1 member of the Commission appointed
pursuant to paragraph (1) to serve as a co-
chairperson of the Commission.
(ii) Republican leaders.--The Republican
leader in the Senate and the Republican leader
in the House of Representatives shall jointly
select 1 member of the Commission appointed
pursuant to paragraph (1) to serve as a co-
chairperson of the Commission.
(4) Removal.--A member may be removed from the Commission
for cause by the individual serving in the position responsible
for the original appointment of such member under paragraph (1)
if--
(A) notice was provided to such member describing
the cause for removal; and
(B) such removal was voted and agreed upon by a
majority of the members serving on the Commission.
(5) Meetings.--
(A) Initial meeting.--Not later than 30 days after
a majority of the members of the Commission have been
appointed, the Commission shall hold the first meeting
and shall begin operations as soon as practicable.
(B) Frequency.--The Commission shall meet upon the
call of the co-chairpersons, acting jointly.
(C) Quorum.--A majority of the members of the
Commission, or a majority of the members of a panel,
shall constitute a quorum for purposes of conducting
business.
(e) Functions of Commission.--
(1) In general.--Except as provided in subsection (j), the
Commission shall act by resolution agreed to by a majority of
the members of the Commission voting and present.
(2) Panels.--The Commission may establish panels composed
of less than the full membership of the Commission for purposes
of carrying out the duties of the Commission under this
section. The membership of such panels should reflect the
bipartisan composition of the Commission. The actions of any
such panel shall be subject to the review and control of the
Commission. Any findings and determinations made by such a
panel may not be considered the findings and determinations of
the Commission unless such findings and determinations are
approved by a majority of the Commission, including both co-
chairpersons.
(f) Powers of Commission.--
(1) Hearings and evidence.--To carry out the purposes of
the Commission described in subsection (c), the Commission or
any panel of the Commission may, with the joint approval of the
co-chairpersons--
(A) hold such hearings and meetings, take such
testimony, receive such evidence, and administer such
oaths as the Commission or such designated panel
considers necessary;
(B) request the attendance and testimony of such
witnesses and the production of such correspondence,
memoranda, papers, and documents, as the Commission or
such designated panel considers necessary; and
(C) secure from the Department, USAID, the United
States International Development Finance Corporation,
the Millennium Challenge Corporation, Peace Corps, the
United States Trade Development Agency, and the United
States Agency for Global Media information and data
necessary to enable it to carry out its mission.
(2) Contracts.--The Commission, to such extent and in such
amounts as are provided in appropriations Acts, may enter into
contracts to enable the Commission to discharge its duties
under this section.
(g) Support From Other Agencies.--
(1) Information from federal agencies.--To carry out the
purposes of the Commission described in subsection (c), upon
the receipt of a joint written request by the co-chairpersons
of the Commission to any of the heads of the Department, USAID,
the United States International Development Finance
Corporation, the Millennium Challenge Corporation, the Peace
Corps, the Trade Development Agency, or the United States
Agency for Global Media, the heads of such entities shall
expeditiously furnish the requested information to the
Commission.
(2) Assistance from federal agencies.--The Department of
State and other Federal departments and agencies may provide to
the Commission, on a nonreimbursable basis, such administrative
services, staff, and other support services as are necessary
for the performance of the Commission's duties under this
section, at the request of the Commission.
(3) Liaison.--The Secretary may designate at least 1
officer or employee of the Department to serve as a liaison
officer between the Department and the Commission.
(4) Recommendations from independent organizations.--The
Commission may review recommendations by independent
organizations and outside experts relating to reform and
modernization of the Department.
(h) Congressional Consultation.--Not later than 180 days after the
initial meeting of the Commission, and not less frequently than
semiannually thereafter, the Commission shall provide a briefing to
Congress regarding the work of the Commission.
(i) Staff and Compensation.--
(1) Staff.--
(A) Compensation.--The co-chairpersons of the
Commission shall appoint and fix the compensation of a
staff director and such other personnel as may be
necessary to enable the Commission to carry out its
duties, without regard to the provisions of title 5,
United States Code, governing appointments in the
competitive service, and without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General
Schedule pay rates, except that no rate of pay fixed
under this subsection may exceed the equivalent of that
payable to a person occupying a position at level V of
the Executive Schedule under section 5316 of such
title.
(B) Detail of government employees.--A Federal
Government employee may be detailed to the Commission
without reimbursement, and such detail shall be without
interruption or loss of civil service status or
privilege.
(C) Procurement of temporary and intermittent
services.--The co-chairs of the Commission may procure
temporary and intermittent services under section
3109(b) of title 5, United States Code, at rates for
individuals that do not exceed the daily equivalent of
the annual rate of basic pay prescribed for level V of
the Executive Schedule under section 5315 of such
title.
(D) Status as federal employees.--Notwithstanding
the requirements under section 2105 of title 5, United
States Code, including the required supervision under
subsection (a)(3) of such section, the members of the
commission shall be deemed to be Federal employees.
(2) Commission members.--
(A) Compensation.--Except as provided in
subparagraph (C), each member of the Commission shall
be compensated at a rate not to exceed the daily
equivalent of the annual rate of basic pay payable for
level IV of the Executive Schedule under section 5315
of title 5, United States Code, for each day (including
travel time) during which that member is engaged in the
actual performance of the duties of the Commission.
(B) Waiver of certain provisions.--Subsections (a)
through (d) of section 824 of the Foreign Service Act
of 1980 (22 U.S.C. 4064) are waived for an annuitant on
a temporary basis so as to be compensated for work
performed as part of the Commission.
(C) Restriction for members of congress.--Any
Member of Congress serving as a member of the
Commission shall not receive any additional
compensation or pay for their service on the
Commission.
(3) Travel expenses.--While away from their homes or
regular places of business in the performance of service for
the Commission, members and staff of the Commission, and any
Federal Government employees detailed to the Commission, shall
be allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed
intermittently in Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
(4) Security clearances for commission members and staff.--
(A) In general.--Members and staff shall have or be
eligible to receive the appropriate security clearance
to conduct their duties.
(B) Expedited processing.--The Office of Senate
Security shall ensure the expedited processing of
appropriate security clearances for members, officers,
and employees of the Commission.
(j) Report.--
(1) In general.--Not later than 24 months after the first
date on which a majority of the members of the Commission have
been appointed, the Commission shall submit a final report to
the Secretary and Congress that includes--
(A) a detailed statement of the findings and
conclusions of the Commission; and
(B) the recommendations of the Commission for such
legislative and administrative actions as the
Commission considers appropriate in light of the
results of the study, including the anticipated amount
of time and resources required to implement such
recommendations.
(2) Department response.--The Secretary, in coordination
with the heads of appropriate Federal departments and agencies,
shall have the right to review and respond to all Commission
recommendations before the Commission submits its final report
to the Secretary and Congress. The Commission shall provide the
Department with its recommendations not later than 90 days
before the date of submission of its final report.
(k) Termination of Commission.--
(1) In general.--The Commission, and all the authorities
under this section, shall terminate on the date that is 60 days
after the date on which the final report is submitted pursuant
to subsection (j)(1).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to the appropriate committees of Congress
concerning its reports and disseminating the report.
(l) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated up
to $2,000,000 for fiscal year 2023 to carry out this section.
(2) Transfers; support.--In addition to other transfers and
support otherwise authorized by law, the Secretary may--
(A) transfer any amounts appropriated pursuant to
paragraph (1) to the Commission; and
(B) use the amounts referred to in subparagraph (A)
to provide non-reimbursable support to the Commission.
(3) Commission accounts.--
(A) Establishment.--The Secretary of the Treasury
may establish 1 or more accounts to facilitate
transfers to the Commission of amounts authorized under
paragraph (2)(A).
(B) Use of funds.--Amounts transferred to the
Commission pursuant to subparagraph(A) may be used for
the activities of the Commission, including--
(i) the payment of Commission expenses;
(ii) the compensation of Commission
members, officers, and employees.
(m) Defined Term.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
DIVISION J--OCEANS AND ATMOSPHERE
SEC. 10000. TABLE OF CONTENTS.
The table of contents for this division is as follows:
Sec. 10000. Table of contents.
TITLE C--CORAL REEF CONSERVATION
Subtitle A--Reauthorization of Coral Reef Conservation Act of 2000
Sec. 10001. Reauthorization of Coral Reef Conservation Act of 2000.
Subtitle B--United States Coral Reef Task Force
Sec. 10011. Establishment.
Sec. 10012. Duties.
Sec. 10013. Membership.
Sec. 10014. Responsibilities of Federal agency members.
Sec. 10015. Working groups.
Sec. 10016. Definitions.
Subtitle C--Department of the Interior Coral Reef Authorities
Sec. 10021. Coral reef conservation and restoration assistance.
Subtitle D--Susan L. Williams National Coral Reef Management Fellowship
Sec. 10031. Susan L. Williams National Coral Reef Management
Fellowship.
TITLE CI--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE
GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
Sec. 10101. Purpose.
Sec. 10102. Definitions.
Sec. 10103. Workforce study.
Sec. 10104. Accelerating innovation at Cooperative Institutes.
Sec. 10105. Blue Economy valuation.
Sec. 10106. No additional funds authorized.
TITLE CII--REGIONAL OCEAN PARTNERSHIPS
Sec. 10201. Findings; purposes.
Sec. 10202. Regional Ocean Partnerships.
TITLE CIII--NATIONAL OCEAN EXPLORATION
Sec. 10301. Findings.
Sec. 10302. Definitions.
Sec. 10303. Ocean Policy Committee.
Sec. 10304. National Ocean Mapping, Exploration, and Characterization
Council.
Sec. 10305. Modifications to the ocean exploration program of the
National Oceanic and Atmospheric
Administration.
Sec. 10306. Repeal.
Sec. 10307. Modifications to ocean and coastal mapping program of the
National Oceanic and Atmospheric
Administration.
Sec. 10308. Modifications to Hydrographic Services Improvement Act of
1998.
TITLE CIV--MARINE MAMMAL RESEARCH AND RESPONSE
Sec. 10401. Data collection and dissemination.
Sec. 10402. Stranding or entanglement response agreements.
Sec. 10403. Unusual mortality event activity funding.
Sec. 10404. Liability.
Sec. 10405. National Marine Mammal Tissue Bank and tissue analysis.
Sec. 10406. Marine Mammal Rescue and Response Grant Program and Rapid
Response Fund.
Sec. 10407. Health MAP.
Sec. 10408. Reports to Congress.
Sec. 10409. Authorization of appropriations.
Sec. 10410. Definitions.
Sec. 10411. Study on marine mammal mortality.
TITLE CV--VOLCANIC ASH AND FUMES
Sec. 10501. Modifications to National Volcano Early Warning and
Monitoring System.
TITLE CVI--LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS
Sec. 10601. Learning excellence and good examples from new developers.
TITLE C--CORAL REEF CONSERVATION
Subtitle A--Reauthorization of Coral Reef Conservation Act of 2000
SEC. 10001. REAUTHORIZATION OF CORAL REEF CONSERVATION ACT OF 2000.
(a) In General.--The Coral Reef Conservation Act of 2000 (16 U.S.C.
6401 et seq.) is amended by striking sections 202 through 210 and
inserting the following:
``SEC. 202. PURPOSES.
``The purposes of this title are--
``(1) to conserve and restore the condition of United
States coral reef ecosystems challenged by natural and human-
accelerated changes, including increasing ocean temperatures,
changing ocean chemistry, coral bleaching, coral diseases,
water quality degradation, invasive species, and illegal,
unreported, and unregulated fishing;
``(2) to promote the science-based management and
sustainable use of coral reef ecosystems to benefit local
communities and the Nation, including through improved
integration and cooperation among Federal and non-Federal
stakeholders responsible for managing coral reef resources;
``(3) to develop sound scientific information on the
condition of coral reef ecosystems, continuing and emerging
threats to such ecosystems, and the efficacy of innovative
tools, technologies, and strategies to mitigate stressors and
restore such ecosystems, including evaluation criteria to
determine the effectiveness of management interventions, and
accurate mapping for coral reef restoration;
``(4) to assist in the preservation of coral reefs by
supporting science-based, consensus-driven, and community-based
coral reef management by covered States and covered Native
entities, including monitoring, conservation, and restoration
projects that empower local communities, small businesses, and
nongovernmental organizations;
``(5) to provide financial resources, technical assistance,
and scientific expertise to supplement, complement, and
strengthen community-based management programs and conservation
and restoration projects of non-Federal reefs;
``(6) to establish a formal mechanism for collecting and
allocating monetary donations from the private sector to be
used for coral reef conservation and restoration projects;
``(7) to support rapid, effective, and science-based
assessment and response to exigent circumstances that pose
immediate and long-term threats to coral reefs, including--
``(A) coral disease outbreaks;
``(B) invasive or nuisance species;
``(C) coral bleaching;
``(D) natural disasters; and
``(E) industrial or mechanical disasters, including
vessel groundings, hazardous spills, and coastal
construction accidents; and
``(8) to serve as a model for advancing similar
international efforts to monitor, conserve, and restore coral
reef ecosystems.
``SEC. 203. FEDERAL CORAL REEF MANAGEMENT AND RESTORATION ACTIVITIES.
``(a) In General.--The Administrator, the Secretary of the
Interior, or the Secretary of Commerce may conduct activities described
in subsection (b) to conserve and restore coral reefs and coral reef
ecosystems that are consistent with--
``(1) all applicable laws governing resource management in
Federal and State waters, including this Act;
``(2) the National Coral Reef Resilience Strategy; and
``(3) coral reef action plans in effect under section 205,
as applicable.
``(b) Activities Described.--Activities described in this
subsection are activities to conserve, research, monitor, assess, and
restore coral reefs and coral reef ecosystems in waters managed under
the jurisdiction of a Federal agency specified in subsection (c) or in
coordination with a State in waters managed under the jurisdiction of
such State, including--
``(1) developing, including through the collection of
requisite in situ and remotely sensed data, high-quality and
digitized maps reflecting--
``(A) current and historical live coral cover data;
``(B) coral reef habitat quality data;
``(C) priority areas for coral reef conservation to
maintain biodiversity and ecosystem structure and
function, including the reef matrix, that benefit
coastal communities and living marine resources;
``(D) priority areas for coral reef restoration to
enhance biodiversity and ecosystem structure and
function, including the reef matrix, to benefit coastal
communities and living marine resources; and
``(E) areas of concern that may require enhanced
monitoring of coral health and cover;
``(2) enhancing compliance with Federal laws that prohibit
or regulate--
``(A) the taking of coral products or species
associated with coral reefs; or
``(B) the use and management of coral reef
ecosystems;
``(3) long-term ecological monitoring of coral reef
ecosystems;
``(4) implementing species-specific recovery plans for
listed coral species consistent with the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.);
``(5) restoring degraded coral reef ecosystems;
``(6) reducing land-based stressors to coral reef
ecosystems;
``(7) promoting ecologically sound navigation and
anchorages, including through navigational aids and expansion
of reef-safe anchorages and mooring buoy systems, to enhance
recreational access while preventing or minimizing the
likelihood of vessel impacts or other physical damage to coral
reefs;
``(8) monitoring and responding to severe bleaching or
mortality events, disease outbreaks, invasive species
outbreaks, and significant maritime accidents, including
hazardous spill cleanup and the removal of grounded vessels;
``(9) conducting scientific research that contributes to
the understanding, sustainable use, and long-term conservation
of coral reefs;
``(10) enhancing public awareness, understanding, and
appreciation of coral reefs and coral reef ecosystems and their
ecological and socioeconomic value; and
``(11) centrally archiving, managing, and distributing on a
public website data sets and coral reef ecosystem assessments,
including the data repositories of the Coral Reef Conservation
Program of the National Oceanic and Atmospheric Administration.
``(c) Federal Agencies Specified.--A Federal agency specified in
this subsection is one of the following:
``(1) The National Oceanic and Atmospheric Administration.
``(2) The National Park Service.
``(3) The United States Fish and Wildlife Service.
``(4) The Office of Insular Affairs.
``SEC. 204. NATIONAL CORAL REEF RESILIENCE STRATEGY.
``(a) In General.--The Administrator shall--
``(1) not later than 2 years after the date of the
enactment of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023, develop a national coral reef
resilience strategy; and
``(2) review and revise the strategy--
``(A) not less frequently than once every 15 years;
``(B) not less frequently than once every 5 years,
in the case of guidance on best practices under
subsection (b)(4); and
``(C) as appropriate.
``(b) Elements.--The strategy required by subsection (a) shall
include the following:
``(1) A discussion addressing--
``(A) continuing and emerging threats to the
resilience of United States coral reef ecosystems;
``(B) remaining gaps in coral reef ecosystem
research, monitoring, and assessment;
``(C) the status of management cooperation and
integration among Federal reef managers and covered
reef managers;
``(D) the status of efforts to manage and
disseminate critical information, and enhance
interjurisdictional data sharing, related to research,
reports, data sets, and maps;
``(E) areas of special focus, which may include--
``(i) improving natural coral recruitment;
``(ii) preventing avoidable losses of
corals and their habitat;
``(iii) enhancing the resilience of coral
populations;
``(iv) supporting a resilience-based
management approach;
``(v) developing, coordinating, and
implementing watershed management plans;
``(vi) building and sustaining watershed
management capacity at the local level;
``(vii) providing data essential for coral
reef fisheries management;
``(viii) building capacity for coral reef
fisheries management;
``(ix) increasing understanding of coral
reef ecosystem services;
``(x) educating the public on the
importance of coral reefs, threats and
solutions; and
``(xi) evaluating intervention efficacy;
``(F) the status of conservation efforts, including
the use of marine protected areas to serve as
replenishment zones developed consistent with local
practices and traditions and in cooperation with, and
with respect for the scientific, technical, and
management expertise and responsibilities of, covered
reef managers;
``(G) science-based adaptive management and
restoration efforts; and
``(H) management of coral reef emergencies and
disasters.
``(2) A statement of national goals and objectives designed
to guide--
``(A) future Federal coral reef management and
restoration activities authorized under section 203;
``(B) conservation and restoration priorities for
grants awarded under section 211; and
``(C) research priorities for the reef research
coordination institutes designated under section
213(b)(1)(B).
``(3) A designation of priority areas for conservation, and
priority areas for restoration, to support the review and
approval of grants under section 211(e).
``(4) Technical assistance in the form of general templates
for use by covered reef managers and Federal reef managers to
guide the development of coral reef action plans under section
205, including guidance on the best science-based practices to
respond to coral reef emergencies that can be included in coral
reef action plans.
``(c) Consultations.--In developing all elements of the strategy
required by subsection (a), the Administrator shall--
``(1) consult with the Secretary of the Interior, the Task
Force, covered States, and covered Native entities;
``(2) consult with the Secretary of Defense, as
appropriate;
``(3) engage stakeholders, including covered States, coral
reef stewardship partnerships, reef research institutes and
research centers described in section 213, and recipients of
grants under section 211; and
``(4) solicit public review and comment regarding scoping
and the draft strategy.
``(d) Submission to Congress; Publication.--The Administrator
shall--
``(1) submit the strategy required by subsection (a) and
any revisions to the strategy to the appropriate congressional
committees; and
``(2) publish the strategy and any such revisions on public
websites of--
``(A) the Coral Reef Conservation Program of the
National Oceanic and Atmospheric Administration; and
``(B) the Task Force.
``SEC. 205. CORAL REEF ACTION PLANS.
``(a) Plans Prepared by Federal Reef Managers.--
``(1) In general.--Not later than 3 years after the date of
the enactment of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 and 2 years after the
date of publication of each National Coral Reef Resilience
Strategy, each Federal reef manager shall--
``(A) prepare a coral reef action plan to guide
management and restoration activities to be undertaken
within the responsibilities and jurisdiction of the
manager; or
``(B) in the case of a reef under the jurisdiction
of a Federal reef manager for which there is an action
plan in effect as of such date of enactment, update
that plan to comply with the requirements of this
subsection.
``(2) Elements.--A plan prepared under paragraph (1) by a
Federal reef manager shall include a discussion of the
following:
``(A) Short- and medium-term coral reef
conservation and restoration objectives within the
jurisdiction of the manager.
``(B) A current adaptive management framework to
inform research, monitoring, and assessment needs.
``(C) Tools, strategies, and partnerships necessary
to identify, monitor, and address pollution, water
quality, and other negative impacts to coral reef
ecosystems within the jurisdiction of the manager.
``(D) The status of efforts to improve coral reef
ecosystem management cooperation and integration
between Federal reef managers and covered reef
managers, including the identification of existing
research and monitoring activities that can be
leveraged for coral reef status and trends assessments
within the jurisdiction of the manager.
``(E) Estimated budgetary and resource
considerations necessary to carry out the plan.
``(F) Contingencies for response to and recovery
from emergencies and disasters.
``(G) In the case of an updated plan, annual
records of significant management and restoration
actions taken under the previous plan, cash and noncash
resources used to undertake the actions, and the source
of such resources.
``(H) Documentation by the Federal reef manager
that the plan is consistent with the National Coral
Reef Resilience Strategy.
``(I) A data management plan to ensure data,
assessments, and accompanying information are
appropriately preserved, curated, publicly accessible,
and broadly reusable.
``(3) Submission to task force.--Each Federal reef manager
shall submit a plan prepared under paragraph (1) to the Task
Force.
``(4) Application of administrative procedure act.--Each
plan prepared under paragraph (1) shall be subject to the
requirements of subchapter II of chapter 5, and chapter 7, of
title 5, United States Code (commonly known as the
`Administrative Procedure Act').
``(b) Plans Prepared by Covered Reef Managers.--
``(1) In general.--A covered reef manager may elect to
prepare, submit to the Task Force, and maintain a coral reef
action plan to guide management and restoration activities to
be undertaken within the responsibilities and jurisdiction of
the manager.
``(2) Effective period.--A plan prepared under this
subsection shall remain in effect for 5 years, or until an
updated plan is submitted to the Task Force, whichever occurs
first.
``(3) Elements.--A plan prepared under paragraph (1) by a
covered reef manager--
``(A) shall contain a discussion of--
``(i) short- and medium-term coral reef
conservation and restoration objectives within
the jurisdiction of the manager;
``(ii) estimated budgetary and resource
considerations necessary to carry out the plan;
``(iii) in the case of an updated plan,
annual records of significant management and
restoration actions taken under the previous
plan, cash and noncash resources used to
undertake the actions, and the source of such
resources; and
``(iv) contingencies for response to and
recovery from emergencies and disasters; and
``(B) may contain a discussion of--
``(i) the status of efforts to improve
coral reef ecosystem management cooperation and
integration between Federal reef managers and
covered reef managers, including the
identification of existing research and
monitoring activities that can be leveraged for
coral reef status and trends assessments within
the jurisdiction of the manager;
``(ii) a current adaptive management
framework to inform research, monitoring, and
assessment needs;
``(iii) tools, strategies, and partnerships
necessary to identify, monitor, and address
pollution and water quality impacts to coral
reef ecosystems within the jurisdiction of the
manager; and
``(iv) a data management plan to ensure
data, assessments, and accompanying information
are appropriately preserved, curated, publicly
accessible, and broadly reusable.
``(c) Technical Assistance.--The Administrator and the Task Force
shall make reasonable efforts to provide technical assistance upon
request by a Federal reef manager or covered reef manager developing a
coral reef action plan under this section.
``(d) Publication.--The Administrator shall publish each coral reef
action plan prepared and submitted to the Task Force under this section
on the public website of the Coral Reef Conservation Program of the
National Oceanic and Atmospheric Administration.
``SEC. 206. CORAL REEF STEWARDSHIP PARTNERSHIPS.
``(a) In General.--To further community-based stewardship of coral
reefs, coral reef stewardship partnerships for Federal and non-Federal
coral reefs may be established in accordance with this section.
``(b) Standards and Procedures.--The Administrator shall develop
and adopt--
``(1) standards for identifying individual coral reefs and
ecologically significant units of coral reefs; and
``(2) processes for adjudicating multiple applicants for
stewardship of the same coral reef or ecologically significant
unit of a reef to ensure no geographic overlap in
representation among stewardship partnerships authorized by
this section.
``(c) Membership for Federal Coral Reefs.--A coral reef stewardship
partnership that has identified, as the subject of its stewardship
activities, a coral reef or ecologically significant unit of a coral
reef that is fully or partially under the management jurisdiction of
any Federal agency specified in section 203(c) shall, at a minimum,
include the following:
``(1) That Federal agency, a representative of which shall
serve as chairperson of the coral reef stewardship partnership.
``(2) A State or county's resource management agency to the
extent that such partnership covers a reef within such States
or county's jurisdiction.
``(3) A coral reef research center designated under section
212(b).
``(4) A nongovernmental organization.
``(5) A covered Native entity culturally affiliated with
the subject reef or ecologically significant unit, if any.
``(6) Such other members as the partnership considers
appropriate, such as interested stakeholder groups and covered
Native entities.
``(d) Membership for Non-Federal Coral Reefs.--
``(1) In general.--A coral reef stewardship partnership
that has identified, as the subject of its stewardship
activities, a coral reef or ecologically significant component
of a coral reef that is not under the management jurisdiction
of any Federal agency specified in section 203(c) shall, at a
minimum, include the following:
``(A) A State or county's resource management
agency or a covered Native entity, a representative of
which shall serve as the chairperson of the coral reef
stewardship partnership.
``(B) A coral reef research center designated under
section 212(b).
``(C) A nongovernmental organization.
``(D) Such other members as the partnership
considers appropriate, such as interested stakeholder
groups.
``(2) Additional members.--
``(A) In general.--Subject to subparagraph (B), a
coral reef stewardship partnership described in
paragraph (1) may also include representatives of one
or more Federal agencies.
``(B) Requests; approval.--A representative of a
Federal agency described in subparagraph (A) may become
a member of a coral reef stewardship partnership
described in paragraph (1) if--
``(i) the representative submits a request
to become a member to the chairperson of the
partnership referred to in paragraph (1)(A);
and
``(ii) the chairperson consents to the
request.
``(e) Nonapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to coral
reef stewardship partnerships under this section.
``SEC. 207. BLOCK GRANTS.
``(a) In General.--In each fiscal year beginning in fiscal year
2023 and subject to the availability of appropriations, the
Administrator shall provide block grants of financial assistance of not
less than $500,000 to each covered State to support management and
restoration activities and further the implementation of coral reef
action plans in effect under section 205 by covered States and non-
Federal coral reef stewardship partnerships in accordance with this
section. The Administrator shall review each covered State's
application for block grant funding to ensure that applications are
consistent with applicable action plans and the National Coral Reef
Resilience Strategy.
``(b) Responsibilities of the Administrator.--The Administrator is
responsible for--
``(1) providing guidance on the proper documentation of
expenditures authorized under this Act;
``(2) issuing annual solicitations to covered States for
awards under this section; and
``(3) determining the appropriate allocation of additional
amounts among covered States in accordance with this section.
``(c) Responsibilities of Covered States.--Each covered State is
responsible for documenting and reporting--
``(1) such State's use of Federal funds received under this
Act; and
``(2) such expenditures of non-Federal funds made in
furtherance of coral reef management and restoration as the
Administrator determines appropriate.
``(d) Cooperative Agreements.--Subject to the availability of
appropriations, the Administrator may seek to enter into a cooperative
agreement with a covered State to fund coral reef conservation and
restoration activities in waters managed under the jurisdiction of such
covered State that are consistent with the National Coral Reef
Resilience Strategy and any applicable action plan under section 205.
``(e) All Islands Committee.--The Administrator may enter into a
cooperative agreement with the All Islands Committee of the Task Force
to provide support for its activities.
``SEC. 208. CORAL REEF STEWARDSHIP FUND.
``(a) Agreement.--The Administrator shall seek to enter into an
agreement with the National Fish and Wildlife Foundation (in this
section referred to as the `Foundation'), authorizing the Foundation to
receive, hold, and administer funds received under this section.
``(b) Fund.--
``(1) In general.--The Foundation shall establish an
account, which shall--
``(A) be known as the `Coral Reef Stewardship Fund'
(in this section referred to as the `Fund'); and
``(B) serve as the successor to the account known
before the date of the enactment of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023
as the Coral Reef Conservation Fund and administered
through a public-private partnership with the
Foundation.
``(2) Deposits.--The Foundation shall deposit funds
received under this section into the Fund.
``(3) Purposes.--The Fund shall be available solely to
support coral reef stewardship activities that--
``(A) further the purposes of this title; and
``(B) are consistent with--
``(i) the National Coral Reef Resilience
Strategy; and
``(ii) coral reef action plans in effect,
if any, under section 205 covering a coral reef
or ecologically significant component of a
coral reef to be impacted by such activities,
if applicable.
``(4) Investment of amounts.--
``(A) Investment of amounts.--The Foundation shall
invest such portion of the Fund as is not required to
meet current withdrawals in interest-bearing
obligations of the United States or in obligations
guaranteed as to both principal and interest by the
United States.
``(B) Interest and proceeds.--The interest on, and
the proceeds from the sale or redemption of, any
obligations held in the Fund shall be credited to and
form a part of the Fund.
``(5) Review of performance.--The Administrator shall
conduct a continuing review of all deposits into, and
disbursements from, the Fund. Each review shall include a
written assessment concerning the extent to which the
Foundation has implemented the goals and requirements of--
``(A) this section; and
``(B) the National Coral Reef Resilience Strategy.
``(c) Authorization To Solicit Donations.--
``(1) In general.--Pursuant to an agreement entered into
under subsection (a), the Foundation may accept, receive,
solicit, hold, administer, and use any gift (including,
notwithstanding section 1342 of title 31, United States Code,
donations of services) to further the purposes of this title.
``(2) Deposits in fund.--Notwithstanding section 3302 of
title 31, United States Code, any funds received as a gift
shall be deposited and maintained in the Fund.
``(d) Administration.--Under an agreement entered into pursuant to
subsection (a), and subject to the availability of appropriations, the
Administrator may transfer funds appropriated for such purposes to
carry out this title to the Foundation. Amounts received by the
Foundation under this subsection may be used for matching, in whole or
in part, contributions (whether in money, services, or property) made
to the Foundation by private persons, State or local government
agencies, or covered Native entities.
``SEC. 209. EMERGENCY ASSISTANCE.
``(a) In General.--Notwithstanding any other provision of law, from
funds appropriated pursuant to the authorization of appropriations
under section 215, the Administrator may provide emergency assistance
to any covered State or coral reef stewardship partnership to respond
to immediate harm to coral reefs or coral reef ecosystems arising from
any of the exigent circumstances described in subsection (b).
``(b) Coral Reef Exigent Circumstances.--The Administrator shall
develop a list of, and criteria for, circumstances that pose an exigent
threat to coral reefs, including--
``(1) new and ongoing outbreaks of disease;
``(2) new and ongoing outbreaks of invasive or nuisance
species;
``(3) new and ongoing coral bleaching events;
``(4) natural disasters;
``(5) industrial or mechanical incidents, such as vessel
groundings, hazardous spills, or coastal construction
accidents; and
``(6) such other circumstances as the Administrator
determines appropriate.
``(c) Annual Report on Exigent Circumstances.--On February 1 of
each year, the Administrator shall submit to the appropriate
congressional committees, the Committee on Appropriations of the
Senate, and the Committee on Appropriations of the House of
Representatives a report that--
``(1) describes locations with exigent circumstances
described in subsection (b) that were considered but declined
for emergency assistance, and the rationale for the decision;
and
``(2) with respect to each instance in which emergency
assistance under this section was provided--
``(A) the location and a description of the exigent
circumstances that prompted the emergency assistance,
the entity that received the assistance, and the
current and expected outcomes from the assistance;
``(B) a description of activities of the National
Oceanic and Atmospheric Administration that were
curtailed as a result of providing the emergency
assistance; and
``(C) an assessment of whether further action is
needed to restore the affected coral reef,
recommendations for such restoration, and a cost
estimate to implement such recommendations.
``SEC. 210. CORAL REEF DISASTER FUND.
``(a) Agreements.--The Administrator shall seek to enter into an
agreement with the National Fish and Wildlife Foundation (in this
section referred to as the `Foundation'), authorizing the Foundation to
receive, hold, and administer funds received under this section.
``(b) Fund.--
``(1) In general.--The Foundation shall establish an
account, to be known as the `Coral Reef Disaster Fund' (in this
section referred to as the `Fund').
``(2) Deposits.--The Foundation shall deposit funds
received under this section into the Fund.
``(3) Purposes.--The Fund shall be available solely to
support the long-term recovery of coral reefs from exigent
circumstances described in section 209(b)--
``(A) in partnership with non-Federal stakeholders;
and
``(B) in a manner that is consistent with--
``(i) the National Coral Reef Resilience
Strategy; and
``(ii) coral reef action plans in effect,
if any, under section 205.
``(4) Investment of amounts.--
``(A) Investment of amounts.--The Foundation shall
invest such portion of the Fund as is not required to
meet current withdrawals in interest-bearing
obligations of the United States or in obligations
guaranteed as to both principal and interest by the
United States.
``(B) Interest and proceeds.--The interest on, and
the proceeds from, the sale or redemption of, any
obligations held in the Fund shall be credited to and
form a part of the Fund.
``(5) Review of performance.--The Administrator shall
conduct continuing reviews of all deposits into, and
disbursements from, the Fund. Each such review shall include a
written assessment concerning the extent to which the
Foundation has implemented the goals and requirements of this
section.
``(c) Authorization To Solicit Donations.--
``(1) In general.--Pursuant to an agreement entered into
under subsection (a), the Foundation may accept, receive,
solicit, hold, administer, and use any gift (including,
notwithstanding section 1342 of title 31, United States Code,
donations of services) to further the purposes of this title.
``(2) Deposits in fund.--Notwithstanding section 3302 of
title 31, United States Code, any funds received as a gift
shall be deposited and maintained in the Fund.
``SEC. 211. RUTH D. GATES CORAL REEF CONSERVATION GRANT PROGRAM.
``(a) In General.--Subject to the availability of appropriations,
the Administrator shall establish a program (to be known as the `Ruth
D. Gates Coral Reef Conservation Grant Program') to provide grants for
projects for the conservation and restoration of coral reef ecosystems
(in this section referred to as `coral reef projects') pursuant to
proposals approved by the Administrator in accordance with this
section.
``(b) Matching Requirements for Grants.--
``(1) In general.--Except as provided in paragraph (3),
Federal funds for any coral reef project for which a grant is
provided under subsection (a) may not exceed 50 percent of the
total cost of the project.
``(2) Non-federal share.--The non-Federal share of the cost
of a coral reef project may be provided by in-kind
contributions and other noncash support.
``(3) Waiver.--The Administrator may waive all or part of
the matching requirement under paragraph (1) if the
Administrator determines that no reasonable means are available
through which an applicant can meet the matching requirement
with respect to a coral reef project and the probable benefit
of the project outweighs the public interest in the matching
requirement.
``(c) Eligibility.--
``(1) In general.--An entity described in paragraph (2) may
submit to the Administrator a proposal for a coral reef
project.
``(2) Entities described.--An entity described in this
paragraph is--
``(A) a covered reef manager or a covered Native
entity;
``(B) a regional fishery management council
established under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.);
``(C) a coral reef stewardship partnership seeking
to implement a coral reef action plan in effect under
section 205;
``(D) a coral reef research center designated under
section 212(b); or
``(E) a nongovernmental organization or research
institution with demonstrated expertise in the
conservation or restoration of coral reefs in practice
or through significant contributions to the body of
existing scientific research on coral reefs.
``(d) Project Proposals.--Each proposal for a grant under this
section for a coral reef project shall include the following:
``(1) The name of the individual or entity responsible for
conducting the project.
``(2) A description of the qualifications of the individual
or entity.
``(3) A succinct statement of the purposes of the project.
``(4) An estimate of the funds and time required to
complete the project.
``(5) Evidence of support for the project by appropriate
representatives of States or other government jurisdictions in
which the project will be conducted.
``(6) Information regarding the source and amount of
matching funding available to the applicant.
``(7) A description of how the project meets one or more of
the criteria under subsection (e)(2).
``(8) In the case of a proposal submitted by a coral reef
stewardship partnership, a description of how the project
aligns with the applicable coral reef action plan in effect
under section 205.
``(9) Any other information the Administrator considers to
be necessary for evaluating the eligibility of the project for
a grant under this subsection.
``(e) Project Review and Approval.--
``(1) In general.--The Administrator shall review each
coral reef project proposal submitted under this section to
determine if the project meets the criteria set forth in
subsection (f).
``(2) Prioritization of conservation projects.--The
Administrator shall prioritize the awarding of funding for
projects that meet the criteria for approval described in--
``(A) subparagraphs (A) through (G) of subsection
(f)(2) that are proposed to be conducted within
priority areas identified for coral reef conservation
by the Administrator under the National Coral Reef
Resilience Strategy; and
``(B) subparagraphs (E) through (L) of subsection
(f)(2) that are proposed to be conducted within
priority areas identified for coral reef restoration by
the Administrator under the National Coral Reef
Resilience Strategy.
``(3) Review; approval or disapproval.--Not later than 180
days after receiving a proposal for a coral reef project under
this section, the Administrator shall--
``(A) request and consider written comments on the
proposal from each Federal agency, State government,
covered Native entity, or other government
jurisdiction, including the relevant regional fishery
management councils established under the Magnuson-
Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.), or any National Marine Sanctuary
or Marine National Monument, with jurisdiction or
management authority over coral reef ecosystems in the
area where the project is to be conducted, including
the extent to which the project is consistent with
locally established priorities, unless such entities
were directly involved in the development of the
project proposal;
``(B) provide for the merit-based peer review of
the proposal and require standardized documentation of
that peer review;
``(C) after considering any written comments and
recommendations based on the reviews under
subparagraphs (A) and (B), approve or disapprove the
proposal; and
``(D) provide written notification of that approval
or disapproval, with summaries of all written comments,
recommendations, and peer reviews, to the entity that
submitted the proposal, and each of those States,
covered Native entity, and other government
jurisdictions that provided comments under subparagraph
(A).
``(f) Criteria for Approval.--The Administrator may not approve a
proposal for a coral reef project under this section unless the
project--
``(1) is consistent with--
``(A) the National Coral Reef Resilience Strategy;
and
``(B) any Federal or non-Federal coral reef action
plans in effect under section 205 covering a coral reef
or ecologically significant unit of a coral reef to be
affected by the project; and
``(2) will enhance the conservation and restoration of
coral reefs by--
``(A) addressing conflicts arising from the use of
environments near coral reefs or from the use of
corals, species associated with coral reefs, and coral
products, including supporting consensus-driven and
community-based planning and management initiatives for
the protection of coral reef ecosystems;
``(B) improving compliance with laws that prohibit
or regulate the taking of coral products or species
associated with coral reefs or regulate the use and
management of coral reef ecosystems;
``(C) designing and implementing networks of real-
time water quality monitoring along coral reefs,
including data collection related to turbidity,
nutrient availability, harmful algal blooms, and
plankton assemblages, with an emphasis on coral reefs
impacted by agriculture and urban development;
``(D) promoting ecologically sound navigation and
anchorages, including mooring buoy systems to promote
enhanced recreational access, near coral reefs;
``(E) furthering the goals and objectives of coral
reef action plans in effect under section 205;
``(F) mapping the location and distribution of
coral reefs and potential coral reef habitat;
``(G) stimulating innovation to advance the ability
of the United States to understand, research, or
monitor coral reef ecosystems, or to develop management
or adaptation options to conserve and restore coral
reef ecosystems;
``(H) implementing research to ensure the
population viability of coral species in United States
waters listed as threatened or endangered under the
Endangered Species Act of 1973 as detailed in the
population-based recovery criteria included in species-
specific recovery plans established under such Act;
``(I) developing and implementing cost-effective
methods to restore degraded coral reef ecosystems or to
create geographically appropriate coral reef ecosystems
in suitable waters, including by improving habitat or
promoting success of keystone species, with an emphasis
on novel restoration strategies and techniques to
advance coral reef recovery and growth near population
centers threatened by rising sea levels and storm
surge;
``(J) translating and applying coral genetics
research to coral reef ecosystem restoration, including
research related to traits that promote resilience to
increasing ocean temperatures, changing ocean
chemistry, coral bleaching, coral diseases, and
invasive species;
``(K) developing and maintaining in situ native
coral propagation sites; or
``(L) developing and maintaining ex situ coral
propagation nurseries and land-based coral gene banks
to--
``(i) conserve or augment genetic diversity
of native coral populations;
``(ii) support captive breeding of rare
coral species; or
``(iii) enhance resilience of native coral
populations to increasing ocean temperatures,
changing ocean chemistry, coral bleaching, and
coral diseases through selective breeding,
conditioning, or other approaches that target
genes, gene expression, phenotypic traits, or
phenotypic plasticity.
``(g) Funding Requirements.--To the extent practicable based upon
proposals for coral reef projects submitted to the Administrator, the
Administrator shall ensure that funding for grants awarded under this
section during a fiscal year is distributed as follows:
``(1) Not less than 40 percent of funds available shall be
awarded for projects in areas of the Pacific Ocean subject to
the jurisdiction or control of the United States.
``(2) Not less than 40 percent of the funds available shall
be awarded for projects in areas of the Atlantic Ocean, the
Gulf of Mexico, or the Caribbean Sea subject to the
jurisdiction or control of the United States.
``(3) To the extent there are viable applications made by
eligible coral reef stewardship partners, not more than 67
percent of funds distributed in each region in accordance with
paragraphs (1) and (2) may be made exclusively available to
projects that are--
``(A) submitted by a coral reef stewardship
partnership; and
``(B) consistent with the coral reef action plan in
effect under section 205 by such a partnership.
``(4) Of the funds distributed to support projects in
accordance with paragraph (3), not less than 20 percent and not
more than 33 percent shall be awarded for projects submitted by
a Federal coral reef stewardship partnership, to the extent
there are viable applications made by eligible Federal coral
reef stewardship partnerships.
``(h) Task Force.--The Administrator may consult with the Secretary
of the Interior and the Task Force to obtain guidance in establishing
priorities and evaluating proposals for coral reef projects under this
section.
``SEC. 212. CORAL REEF RESEARCH.
``(a) Reef Research Coordination Institutes.--
``(1) Establishment.--The Administrator shall designate 2
reef research coordination institutes for the purpose of
advancing and sustaining essential capabilities in coral reef
research, one each in the Atlantic and Pacific basins, to be
known as the `Atlantic Reef Research Coordination Institute'
and the `Pacific Reef Research Coordination Institute',
respectively.
``(2) Membership.--Each institute designated under
paragraph (1) shall be housed within a single coral reef
research center designated by the Administrator under
subsection (b).
``(3) Functions.--The institutes designated under paragraph
(1) shall--
``(A) conduct federally directed research to fill
national and regional coral reef ecosystem research
gaps and improve understanding of, and responses to,
continuing and emerging threats to the resilience of
United States coral reef ecosystems consistent with the
National Coral Reef Resilience Strategy;
``(B) support ecological research and monitoring to
study the effects of conservation and restoration
activities funded by this title on promoting more
effective coral reef management and restoration; and
``(C) through agreements--
``(i) collaborate directly with States,
covered Native entities, covered coral reef
managers, nonprofit organizations, and other
coral reef research centers designated under
subsection (b);
``(ii) assist in the development and
implementation of--
``(I) the National Coral Reef
Resilience Strategy; and
``(II) coral reef action plans
under section 205;
``(iii) build capacity within non-Federal
governmental resource management agencies to
establish research priorities and translate and
apply research findings to management and
restoration practices; and
``(iv) conduct public education and
awareness programs for policymakers, resource
managers, and the general public on--
``(I) coral reefs and coral reef
ecosystems;
``(II) best practices for coral
reef ecosystem management and
restoration;
``(III) the value of coral reefs;
and
``(IV) the threats to the
sustainability of coral reef
ecosystems.
``(b) Coral Reef Research Centers.--
``(1) In general.--The Administrator shall--
``(A) periodically solicit applications for
designation of qualifying institutions in covered
States as coral reef research centers; and
``(B) designate all qualifying institutions in
covered States as coral reef research centers.
``(2) Qualifying institutions.--For purposes of paragraph
(1), an institution is a qualifying institution if the
Administrator determines that the institution--
``(A) is operated by an institution of higher
education or nonprofit marine research organization;
``(B) has established management-driven national or
regional coral reef research or restoration programs;
``(C) has demonstrated abilities to coordinate
closely with appropriate Federal and State agencies,
and other academic and nonprofit organizations; and
``(D) maintains significant local community
engagement and outreach programs related to coral reef
ecosystems.
``SEC. 213. CORAL REEF PRIZE COMPETITIONS.
``(a) In General.--Subject to the availability of appropriations,
the head of any Federal agency with a representative serving on the
United States Coral Reef Task Force established by section 10011 of the
James M. Inhofe National Defense Authorization Act for Fiscal Year
2023, may, individually or in cooperation with one or more agencies,
carry out a program to award prizes competitively under section 24 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719).
``(b) Purposes.--Any program carried out under this section shall
be for the purpose of stimulating innovation to advance the ability of
the United States to understand, research, or monitor coral reef
ecosystems, or to develop management or adaptation options to preserve,
sustain, and restore coral reef ecosystems.
``(c) Priority Programs.--Priority shall be given to establishing
programs under this section that address communities, environments, or
industries that are in distress as a result of the decline or
degradation of coral reef ecosystems, including--
``(1) scientific research and monitoring that furthers the
understanding of causes behind coral reef decline and
degradation and the generally slow recovery following
disturbances, including changing ocean chemistry, temperature-
related bleaching, disease, and their associated impacts on
coral physiology;
``(2) the development of monitoring or management options
for communities or industries that are experiencing significant
financial hardship;
``(3) the development of adaptation options to alleviate
economic harm and job loss caused by damage to coral reef
ecosystems;
``(4) the development of measures to help vulnerable
communities or industries, with an emphasis on rural
communities and businesses; and
``(5) the development of adaptation and management options
for impacted tourism industries.
``SEC. 214. REPORTS ON ADMINISTRATION.
``(a) In General.--Not later than 2 years after the date of the
enactment of the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023, and every 2 years thereafter, the Administrator shall
submit to the committees specified in subsection (b) a report on the
administration of this title during the 2-year period preceding
submission of the report, including--
``(1) a description of all activities undertaken to
implement the National Coral Reef Resilience Strategy;
``(2) a statement of all funds obligated under the
authorities of this title; and
``(3) a summary, disaggregated by State, of Federal and
non-Federal contributions toward the costs of each project or
activity funded, in full or in part, under this title.
``(b) Committees Specified.--The committees specified in this
subsection are--
``(1) the Committee on Commerce, Science, and
Transportation, Committee on Environment and Public Works,
Committee on Energy and Natural Resources, and the Committee on
Appropriations of the Senate; and
``(2) the Committee on Natural Resources and the Committee
on Appropriations of the House of Representatives.
``SEC. 215. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to the
Administrator $45,000,000 for each of fiscal years 2023 through 2027 to
carry out this title which shall remain available until expended. Of
such amounts, there is authorized to be appropriated for each such
fiscal year--
``(1) $12,000,000 to carry out section 207;
``(2) $3,500,000 for activities authorized under section
211; and
``(3) $4,500,000 to be provided to the cooperative
institutes designated under section 212(a) to carry out the
functions described in such section.
``(b) Administration.--Not more than 10 percent of the amounts
appropriated under subsection (a) may be used for program
administration or overhead costs incurred by the National Oceanic and
Atmospheric Administration or the Department of Commerce.
``SEC. 216. DEFINITIONS.
``In this title:
``(1) Administrator.--The term `Administrator' means the
Administrator of the National Oceanic and Atmospheric
Administration.
``(2) Alaska native corporation.--The term `Alaska Native
Corporation' has the meaning given the term `Native
Corporation' in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602).
``(3) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Natural Resources of the House of Representatives.
``(4) Conservation.--The term `conservation' means the use
of methods and procedures necessary to preserve or sustain
native corals and associated species as diverse, viable, and
self-perpetuating coral reef ecosystems with minimal impacts
from invasive species, including--
``(A) all activities associated with resource
management, such as monitoring, assessment, protection,
restoration, sustainable use, management of habitat,
and maintenance or augmentation of genetic diversity;
``(B) mapping;
``(C) scientific expertise and technical assistance
in the development and implementation of management
strategies for marine protected areas and marine
resources required by Federal law;
``(D) law enforcement;
``(E) conflict resolution initiatives;
``(F) community outreach and education; and
``(G) promotion of safe and ecologically sound
navigation and anchoring.
``(5) Coral.--The term `coral' means species of the phylum
Cnidaria, including--
``(A) all species of the orders Antipatharia (black
corals), Scleractinia (stony corals), Alcyonacea (soft
corals, organ pipe corals, gorgonians), and
Helioporacea (blue coral), of the class Anthozoa; and
``(B) all species of the order Anthoathecata (fire
corals and other hydrocorals) of the class Hydrozoa.
``(6) Coral products.--The term `coral products' means any
living or dead specimens, parts, or derivatives, or any product
containing specimens, parts, or derivatives, of any species of
coral.
``(7) Coral reef.--The term `coral reef' means calcium
carbonate structures in the form of a reef or shoal, composed
in whole or in part by living coral, skeletal remains of coral,
crustose coralline algae, and other associated sessile marine
plants and animals.
``(8) Coral reef ecosystem.--The term `coral reef
ecosystem' means--
``(A) corals and other geographically and
ecologically associated marine communities of other
reef organisms (including reef plants and animals)
associated with coral reef habitat; and
``(B) the biotic and abiotic factors and processes
that control or significantly affect coral
calcification rates, tissue growth, reproduction,
recruitment, abundance, coral-algal symbiosis, and
biodiversity in such habitat.
``(9) Coral reef ecosystem services.--The term `coral reef
ecosystem services' means the attributes and benefits provided
by coral reef ecosystems including--
``(A) protection of coastal beaches, structures,
and infrastructure;
``(B) habitat for organisms of economic,
ecological, biomedical, medicinal, and cultural value;
``(C) serving as centers for the promulgation,
performance, and training of cultural practices
representative of traditional ecological knowledge; and
``(D) aesthetic value.
``(10) Covered native entity.--The term `covered Native
entity' means a Native entity with interests in a coral reef
ecosystem.
``(11) Covered reef manager.--The term `covered reef
manager' means--
``(A) a management unit of a covered State with
jurisdiction over a coral reef ecosystem;
``(B) a covered State; or
``(C) a coral reef stewardship partnership under
section 206.
``(12) Covered state.--The term `covered State' means
Florida, Hawaii, and the territories of American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam, Puerto
Rico, and the United States Virgin Islands.
``(13) Federal reef manager.--
``(A) In general.--The term `Federal reef manager'
means--
``(i) a management unit of a Federal agency
specified in subparagraph (B) with lead
management jurisdiction over a coral reef
ecosystem; or
``(ii) a coral reef stewardship partnership
under section 206(c).
``(B) Federal agencies specified.--A Federal agency
specified in this subparagraph is one of the following:
``(i) The National Oceanic and Atmospheric
Administration.
``(ii) The National Park Service.
``(iii) The United States Fish and Wildlife
Service.
``(iv) The Office of Insular Affairs.
``(14) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(15) Interested stakeholder groups.--The term `interested
stakeholder groups' means any of the following with interest in
an applicable coral reef or ecologically significant unit of a
coral reef:
``(A) A business.
``(B) A commercial or recreational fisherman.
``(C) A recreationalist.
``(D) A Federal, State, Tribal, or local government
unit with related jurisdiction.
``(E) An institution of higher education (as such
term is defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
``(F) A nongovernmental organization.
``(16) National coral reef resilience strategy.--The term
`National Coral Reef Resilience Strategy' means the National
Coral Reef Resilience Strategy in effect under section 204.
``(17) Native entity.--The term `Native entity' means any
of the following:
``(A) An Indian Tribe (as defined in section 4 of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304)).
``(B) An Alaska Native Corporation.
``(C) The Department of Hawaiian Home Lands.
``(D) The Office of Hawaiian Affairs.
``(E) A Native Hawaiian organization (as defined in
section 6207 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7517)).
``(18) Nonprofit organization.--The term `nonprofit
organization' means any corporation, trust, association,
cooperative, or other organization, not including an
institution of higher education, that--
``(A) is operated primarily for scientific,
educational, service, charitable, or similar purposes
in the public interest;
``(B) is not organized primarily for profit; and
``(C) uses net proceeds to maintain, improve, or
expand the operations of the organization.
``(19) Restoration.--The term `restoration' means the use
of methods and procedures necessary to enhance, rehabilitate,
recreate, or create a functioning coral reef or coral reef
ecosystem, in whole or in part, within suitable waters of the
historical geographic range of such ecosystems, to provide
ecological, economic, cultural, or coastal resiliency services
associated with healthy coral reefs and benefit native
populations of coral reef organisms.
``(20) Resilience.--The term `resilience' means the
capacity for corals within their native range, coral reefs, or
coral reef ecosystems to resist and recover from natural and
human disturbances, and maintain structure and function to
provide coral reef ecosystem services, as determined by clearly
identifiable, measurable, and science-based standards.
``(21) Secretary.--The term `Secretary' means the Secretary
of Commerce.
``(22) State.--The term `State' means--
``(A) any State of the United States that contains
a coral reef ecosystem within its seaward boundaries;
``(B) American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, Puerto Rico, or the
United States Virgin Islands; or
``(C) any other territory or possession of the
United States or separate sovereign in free association
with the United States that contains a coral reef
ecosystem within its seaward boundaries.
``(23) Stewardship.--The term `stewardship', with respect
to a coral reef, includes conservation, restoration, and public
outreach and education.
``(24) Task force.--The term `Task Force' means the United
States Coral Reef Task Force established under section 10011 of
the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023.''.
(b) Conforming Amendment to National Oceans and Coastal Security
Act.--Section 905(a) of the National Oceans and Coastal Security Act
(16 U.S.C. 7504(a)) is amended by striking ``and coastal
infrastructure'' and inserting ``, coastal infrastructure, and
ecosystem services provided by natural systems such as coral reefs''.
(c) Comptroller General Review of Coral Reef Conservation Programs
at the National Oceanic and Atmospheric Administration.--The
Comptroller General of the United States shall, not later than 1 year
after the date of the enactment of this Act, submit to Congress and the
National Oceanic and Atmospheric Administration a report that--
(1) examines the budget and accounting practices of the
coral reef conservation programs of such Administration,
including expenditure tracking across line and program offices;
(2) examines the process for determining appropriate
project goals and funding priorities; and
(3) includes recommendations on policies or best practices
that may improve the transparency and accountability of coral
reef conservation programs.
(d) Savings Clause.--None of the amendments made by or provisions
of this title may be construed to enlarge the management authority of a
Federal agency or coral reef stewardship partnership to coral reefs and
coral reef ecosystems outside the boundaries of such agency's or
partnership's jurisdiction.
Subtitle B--United States Coral Reef Task Force
SEC. 10011. ESTABLISHMENT.
There is established a task force to lead, coordinate, and
strengthen Federal Government actions to better preserve, conserve, and
restore coral reef ecosystems, to be known as the ``United States Coral
Reef Task Force'' (in this subtitle referred to as the ``Task Force'').
SEC. 10012. DUTIES.
The duties of the Task Force shall be--
(1) to coordinate, in cooperation with covered States,
covered Native entities, Federal reef managers, covered reef
managers, coral reef research centers designated under section
212(b) of the Coral Reef Conservation Act of 2000 (as added by
this division), and other nongovernmental and academic partners
as appropriate, activities regarding the mapping, monitoring,
research, conservation, mitigation, and restoration of coral
reefs and coral reef ecosystems;
(2) to monitor and advise regarding implementation of the
policy and Federal agency responsibilities set forth in--
(A) Executive Order 13089 (63 Fed. Reg. 32701;
relating to coral reef protection); and
(B) the National Coral Reef Resilience Strategy;
(3) to work in coordination with the other members of the
Task Force--
(A) to assess the United States role in
international trade and protection of coral species;
(B) to encourage implementation of appropriate
strategies and actions to promote conservation and
sustainable use of coral reef resources worldwide; and
(C) to collaborate with international communities
successful in managing coral reefs;
(4) to provide technical assistance for the development and
implementation, as appropriate, of--
(A) the National Coral Reef Resilience Strategy;
and
(B) coral reef action plans under section 205 of
that Act; and
(5) to produce a report each year, for submission to the
appropriate congressional committees and publication on the
public website of the Task Force, highlighting the status of
the coral reef resources of a covered State on a rotating
basis, including--
(A) a summary of recent coral reef management and
restoration activities undertaken in that State; and
(B) updated estimates of the direct and indirect
economic activity supported by, and other benefits
associated with, those coral reef resources.
SEC. 10013. MEMBERSHIP.
(a) Voting Membership.--The voting members of the Task Force shall
be--
(1) the Under Secretary of Commerce for Oceans and
Atmosphere and the Secretary of Interior, who shall be co-
chairpersons of the Task Force;
(2) such representatives from other Federal agencies as the
President, in consultation with the Under Secretary, determines
appropriate; and
(3) the Governor, or a representative of the Governor, of
each covered State.
(b) Nonvoting Members.--The Task Force shall have the following
nonvoting members:
(1) A member of the South Atlantic Fishery Management
Council who is designated by the Governor of Florida under
section 302(b)(1) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1852(b)(1)).
(2) A member of the Gulf of Mexico Fishery Management
Council who is designated by the Governor of Florida under such
section.
(3) A member of the Western Pacific Fishery Management
Council who is designated under such section and selected as
follows:
(A) For the period beginning on the date of the
enactment of this Act and ending on December 31 of the
calendar year during which such date of enactment
occurs, the member shall be selected jointly by the
Governors of Hawaii, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands.
(B) For each calendar year thereafter, the
Governors of Hawaii, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands shall, on
a rotating basis, take turns selecting the member.
(4) A member of the Caribbean Fishery Management Council
who is designated under such section and selected as follows:
(A) For the period beginning on the date of the
enactment of this Act and ending on December 31 of the
calendar year during which such date of enactment
occurs, the member shall be selected jointly by the
Governors of Puerto Rico and the United States Virgin
Islands.
(B) For each calendar year thereafter, the
Governors of Puerto Rico and the United States Virgin
Islands shall, on an alternating basis, take turns
selecting the member.
(5) A member appointed by the President of the Federated
States of Micronesia.
(6) A member appointed by the President of the Republic of
the Marshall Islands.
(7) A member appointed by the President of the Republic of
Palau.
SEC. 10014. RESPONSIBILITIES OF FEDERAL AGENCY MEMBERS.
(a) In General.--A member of the Task Force described in section
10013(a) shall--
(1) identify the actions of the agency that member
represents that may affect coral reef ecosystems;
(2) use the programs and authorities of that agency to
protect and enhance the conditions of such ecosystems,
including through the promotion of basic and applied scientific
research;
(3) collaborate with the Task Force to appropriately
reflect budgetary needs for coral reef conservation and
restoration activities in all agency budget planning and
justification documents and processes; and
(4) engage in any other coordinated efforts approved by the
Task Force.
(b) Co-chairpersons.--In addition to their responsibilities under
subsection (a), the co-chairpersons of the Task Force shall perform the
administrative functions of the Task Force and facilitate the
coordination of the members of the Task Force described in section
10013(a).
(c) Briefing.--Not less than 30 days before each meeting of the
Task Force, the program offices of the National Oceanic and Atmospheric
Administration responsible for implementing this title shall provide a
briefing to the relevant congressional committees on efforts and
spending associated with such implementation.
SEC. 10015. WORKING GROUPS.
(a) In General.--The co-chairpersons of the Task Force may
establish working groups as necessary to meet the goals and carry out
the duties of the Task Force.
(b) Requests From Members.--The members of the Task Force may
request that the co-chairpersons establish a working group under
subsection (a).
(c) Participation by Nongovernmental Organizations.--The co-
chairpersons may allow nongovernmental organizations as appropriate,
including academic institutions, conservation groups, and commercial
and recreational fishing associations, to participate in a working
group established under subsection (a).
(d) Nonapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
working groups established under this section.
SEC. 10016. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Environment and Public Works
of the Senate;
(C) the Committee on Energy and Natural Resources
of the Senate; and
(D) the Committee on Natural Resources of the House
of Representatives.
(2) Conservation, coral, coral reef, etc.--The terms
``conservation'', ``coral'', ``coral reef'', ``coral reef
ecosystem'', ``covered reef manager'', ``covered State'',
``Federal reef manager'', ``National Coral Reef Resilience
Strategy'', ``restoration'', ``resilience'', and ``State'' have
the meanings given those terms in section 216 of the Coral Reef
Conservation Act of 2000, as added by this division.
Subtitle C--Department of the Interior Coral Reef Authorities
SEC. 10021. CORAL REEF CONSERVATION AND RESTORATION ASSISTANCE.
(a) In General.--The Secretary of the Interior may provide
scientific expertise and technical assistance, and subject to the
availability of appropriations, financial assistance for the
conservation and restoration of coral reefs consistent with all
applicable laws governing resource management in Federal, State, and
Tribal waters, including--
(1) the National Coral Reef Resilience Strategy; and
(2) coral reef action plans in effect under section 205 of
the Coral Reef Conservation Act of 2000, as added by this
division, as applicable.
(b) Coral Reef Initiative.--The Secretary may establish a Coral
Reef Initiative Program--
(1) to provide grant funding to support local management,
conservation, and protection of coral reef ecosystems in--
(A) coastal areas of covered States; and
(B) Freely Associated States;
(2) to enhance resource availability of National Park
Service and National Wildlife Refuge System management units to
implement coral reef conservation and restoration activities;
(3) to complement the other conservation and assistance
activities conducted under this Act or the Coral Reef
Conservation Act of 2000, as amended by section 10001; and
(4) to provide other technical, scientific, and financial
assistance and conduct conservation and restoration activities
that advance the purposes of this title and the Coral Reef
Conservation Act of 2000, as amended by this division.
(c) Consultation With the Department of Commerce.--
(1) Coral reef conservation and restoration activities.--
The Secretary of the Interior may consult with the Secretary of
Commerce regarding the conduct of any activities to conserve
and restore coral reefs and coral reef ecosystems in waters
managed under the jurisdiction of the Federal agencies
specified in paragraphs (2) and (3) of section 203(c) of the
Coral Reef Conservation Act of 2000, as added by this division.
(2) Award of coral reef management fellowship.--The
Secretary of the Interior shall consult with the Secretary of
Commerce to award the Susan L. Williams Coral Reef Management
Fellowship under subtitle D.
(d) Cooperative Agreements.--Subject to the availability of
appropriations, the Secretary of the Interior may enter into
cooperative agreements with covered reef managers to fund coral reef
conservation and restoration activities in waters managed under the
jurisdiction of such managers that--
(1) are consistent with the National Coral Reef Resilience
Strategy; and
(2) support and enhance the success of coral reef action
plans in effect under section 205 of the Coral Reef
Conservation Act of 2000, as added by this division.
(e) Definitions.--In this section:
(1) Conservation, coral, coral reef, etc.--The terms
``conservation'', ``coral reef'', ``covered reef manager'',
``covered State'', ``National Coral Reef Resilience Strategy'',
``restoration'', and ``State'' have the meanings given those
terms in section 216 of the Coral Reef Conservation Act of
2000, as added by this division.
(2) Tribe; tribal.--The terms ``Tribe'' and ``Tribal''
refer to Indian Tribes (as defined in section 102 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5130)).
Subtitle D--Susan L. Williams National Coral Reef Management Fellowship
SEC. 10031. SUSAN L. WILLIAMS NATIONAL CORAL REEF MANAGEMENT
FELLOWSHIP.
(a) Definitions.--In this section:
(1) Alaska native corporation.--The term ``Alaska Native
Corporation'' has the meaning given the term ``Native
Corporation'' in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602).
(2) Fellow.--The term ``fellow'' means a National Coral
Reef Management Fellow.
(3) Fellowship.--The term ``fellowship'' means the National
Coral Reef Management Fellowship established in subsection (c).
(4) Covered native entity.--The term ``covered Native
entity'' has the meaning given the term in section 216 of the
Coral Reef Conservation Act of 2000, as added by this division.
(5) Covered state.--The term ``covered State'' has the
meaning given the term in section 216 of the Coral Reef
Conservation Act of 2000, as added by this division.
(6) Native entity.--The term ``Native entity'' has the
meaning given the term in section 216 of the Coral Reef
Conservation Act of 2000, as added by this division.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(b) Establishment of Fellowship Program.--
(1) In general.--There is established a National Coral Reef
Management Fellowship Program.
(2) Purposes.--The purposes of the fellowship are--
(A) to encourage future leaders of the United
States to develop additional coral reef management
capacity in States and local communities with coral
reefs;
(B) to provide management agencies of covered
States and covered Native entities with highly
qualified candidates whose education and work
experience meet the specific needs of each covered
State or covered Native entity; and
(C) to provide fellows with professional experience
in management of coastal and coral reef resources.
(c) Fellowship Awards.--
(1) In general.--The Secretary, in consultation with the
Secretary of the Interior, shall award a fellowship in
accordance with this subsection.
(2) Term of fellowship.--A fellowship awarded under this
subsection shall be for a term of not more than 2 years.
(3) Qualifications.--The Secretary, in consultation with
the Secretary of the Interior, shall award a fellowship to
individuals who have demonstrated--
(A) an intent to pursue a career in marine services
and outstanding potential for such a career;
(B) leadership potential, actual leadership
experience, or both;
(C) possession of a college or graduate degree in
biological science, a college or graduate degree in
resource management with experience that correlates
with aptitude and interest for marine management, or
both;
(D) proficient writing and speaking skills; and
(E) such other attributes as the Secretary, in
consultation with the Secretary of the Interior,
considers appropriate.
(d) Matching Requirement.--
(1) In general.--Except as provided in paragraph (2), the
non-Federal share of the costs of a fellowship under this
section shall be 25 percent of such costs.
(2) Waiver of matching requirement.--The Secretary may
waive the application of paragraph (1) to a fellowship if the
Secretary finds that such waiver is necessary to support a
project that the Secretary has identified as a high priority.
TITLE CI--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE
GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
SEC. 10101. PURPOSE.
The purpose of this title is to promote and support--
(1) the monitoring, understanding, and exploration of the
Great Lakes, oceans, bays, estuaries, and coasts; and
(2) the collection, analysis, synthesis, and sharing of
data related to the Great Lakes, oceans, bays, estuaries, and
coasts to facilitate scientific research and operational
decisionmaking.
SEC. 10102. DEFINITIONS.
In this title:
(1) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
(2) Administrator.--The term ``Administrator'' means the
Under Secretary of Commerce for Oceans and Atmosphere in the
capacity as Administrator of the National Oceanic and
Atmospheric Administration.
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
SEC. 10103. WORKFORCE STUDY.
(a) In General.--Section 303(a) of the America COMPETES
Reauthorization Act of 2010 (33 U.S.C. 893c(a)) is amended--
(1) by striking ``Secretary of Commerce'' and inserting
``Under Secretary of Commerce for Oceans and Atmosphere'';
(2) in paragraph (2), by inserting ``, skillsets, or
credentials'' after ``degrees'';
(3) in paragraph (3), by inserting ``or highly qualified
technical professionals and tradespeople'' after ``atmospheric
scientists'';
(4) in paragraph (4), by inserting ``, skillsets, or
credentials'' after ``degrees'';
(5) in paragraph (5)--
(A) by striking ``scientist''; and
(B) by striking ``; and'' and inserting ``,
observations, and monitoring;''
(6) in paragraph (6), by striking ``into Federal'' and all
that follows and inserting ``, technical professionals, and
tradespeople into Federal career positions;''
(7) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively;
(8) by inserting after paragraph (1) the following:
``(2) whether there is a shortage in the number of
individuals with technical or trade-based degrees, skillsets,
or credentials suited to a career in oceanic and atmospheric
data collection, processing, satellite production, or satellite
operations;''; and
(9) by adding at the end the following:
``(8) workforce diversity and actions the Federal
Government can take to increase diversity in the scientific
workforce; and
``(9) actions the Federal Government can take to shorten
the hiring backlog for such workforce.''.
(b) Coordination.--Section 303(b) of such Act (33 U.S.C. 893c(b))
is amended by striking ``Secretary of Commerce'' and inserting ``Under
Secretary of Commerce for Oceans and Atmosphere''.
(c) Report.--Section 303(c) of such Act (33 U.S.C. 893c(c)) is
amended--
(1) by striking ``the date of enactment of this Act'' and
inserting ``the date of the enactment of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023'';
(2) by striking ``Secretary of Commerce'' and inserting
``Under Secretary of Commerce for Oceans and Atmosphere''; and
(3) by striking ``to each committee'' and all that follows
through ``section 302 of this Act'' and inserting ``to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Natural Resources and the Committee
on Science, Space, and Technology of the House of
Representatives''.
(d) Program and Plan.--Section 303(d) of such Act (33 U.S.C.
893c(d)) is amended--
(1) by striking ``Administrator of the National Oceanic and
Atmospheric Administration'' and inserting ``Under Secretary of
Commerce for Oceans and Atmosphere''; and
(2) by striking ``academic partners'' and all that follows
and inserting ``academic partners.''.
SEC. 10104. ACCELERATING INNOVATION AT COOPERATIVE INSTITUTES.
(a) Focus on Emerging Technologies.--The Administrator shall
consider evaluating the goals of 1 or more Cooperative Institutes of
the Administration to include focusing on advancing or applying
emerging technologies, which may include--
(1) applied uses and development of real-time and other
advanced genetic technologies and applications, including such
technologies and applications that derive genetic material
directly from environmental samples without any obvious signs
of biological source material;
(2) deployment of, and improvements to the durability,
maintenance, and other lifecycle concerns of, advanced unmanned
vehicles, regional small research vessels, and other research
vessels that support and launch unmanned vehicles and sensors;
and
(3) supercomputing and big data management, including data
collected through model outputs, electronic monitoring, and
remote sensing.
(b) Coordination With Other Programs.--The Cooperative Institutes
shall work with the Interagency Ocean Observation Committee, the
regional associations of the Integrated Ocean Observing System, and
other ocean observing programs to coordinate technology needs and the
transition of new technologies from research to operations.
SEC. 10105. BLUE ECONOMY VALUATION.
(a) Measurement of Industries.--The Administrator, in consultation
with the heads of other relevant Federal agencies and subject to the
availability of appropriations, shall establish a program to improve
the collection, aggregation, and analysis of data to measure the value
and impact of industries related to the Great Lakes, oceans, bays,
estuaries, and coasts on the economy of the United States, including
military uses, living resources, marine construction, marine
transportation, offshore energy development and siting including for
renewable energy, offshore mineral production, ship and boat building,
tourism, recreation, subsistence, commercial, recreational, and charter
fishing, seafood processing, and other fishery-related businesses,
aquaculture such as kelp and shellfish, and other industries the
Administrator determines appropriate.
(b) Collaboration.--In carrying out subsection (a), the
Administrator shall--
(1) work with the Director of the Bureau of Economic
Analysis and the heads of other relevant Federal agencies to
develop a Coastal and Ocean Economy Satellite Account that
includes national, Tribal, and State-level statistics to
measure the contribution of the Great Lakes, oceans, bays,
estuaries, and coasts to the overall economy of the United
States; and
(2) collaborate with national and international
organizations and governments to promote consistency of
methods, measurements, and definitions to ensure comparability
of results between countries.
(c) Report.--Not later than 2 years after the date of the enactment
of this section, and not less frequently than every 2 years thereafter
until the date that is 20 years after the date of the enactment of this
section, the Administrator, in consultation with the heads of other
relevant Federal agencies, shall publish a report that--
(1) defines the Blue Economy in consultation with Indian
Tribes and with input from academia, the private sector,
nongovernmental organizations, and other relevant experts;
(2) makes recommendations for updating North American
Industry Classification System reporting codes to reflect the
Blue Economy; and
(3) provides a comprehensive estimate of the value and
impact of the Blue Economy with respect to each State and
territory of the United States, including--
(A) the value and impact of--
(i) economic activities that are dependent
upon the resources of the Great Lakes, oceans,
bays, estuaries, and coasts;
(ii) the population and demographic
characteristics of the population along the
coasts;
(iii) port and shoreline infrastructure;
(iv) the volume and value of cargo shipped
by sea or across the Great Lakes;
(v) data collected from the Great Lakes,
oceans, bays, estuaries, and coasts, including
such data collected by businesses that purchase
and commodify the data, including weather
prediction and seasonal agricultural
forecasting; and
(vi) military uses; and
(B) to the extent possible, the qualified value and
impact of the natural capital of the Great Lakes,
oceans, bays, estuaries, and coasts with respect to
tourism, recreation, natural resources, and cultural
heritage, including other indirect values.
(d) Centralized Website for Resiliency Grants.--
(1) In general.--Not later than 180 days after the date of
the enactment of this section, the Administrator, in
coordination with the heads of other relevant Federal agencies,
shall create and regularly update a public website to improve
education, outreach, and public information regarding grants
and other public funding opportunities of the Administration
related to resiliency.
(2) Contents of website.--The website created under
paragraph (1) shall include the following:
(A) Hyperlinks, descriptions, deadlines, and
resources to support applicants including technical
assistance and other information as the Administrator
determines appropriate relating to resilience grants
administered by--
(i) the Administration;
(ii) other relevant Federal agencies; or
(iii) foundations in coordination with the
Administration.
(B) Information described in subparagraph (A) that
is specific to supporting Tribal Governments and Tribal
Colleges and Universities, and, with respect to each
such grant described in paragraph (1), the contact
information for an individual of the Administration who
can assist Tribal Governments and Tribal Colleges and
Universities in applying for such grants.
(C) Information described in subparagraph (A) that
is specific to supporting Historically Black Colleges
and Universities, and, with respect to each such grant
described in paragraph (1), the contact information for
an individual of the Administration who can assist
Historically Black Colleges and Universities in
applying for such grants.
(3) Outreach.--The Administrator shall conduct outreach
activities to inform State, Tribal, and local governments of
resiliency, adaptation, and mitigation grants that are
available to such governments.
(4) Definitions.--In this section:
(A) Historically black colleges and universities.--
The term ``Historically Black Colleges and
Universities'' has the meaning given the term ``part B
institution'' in section 322 of the Higher Education
Act of 1965 (20 U.S.C. 1061).
(B) Tribal college or university.--The term
``Tribal College or University'' has the meaning given
the term in section 316 of the Higher Education Act of
1965 (20 U.S.C. 1059c).
SEC. 10106. NO ADDITIONAL FUNDS AUTHORIZED.
Funds to carry out this title may, as provided in advance in
appropriations Acts, only come from within amounts authorized to be
appropriated to the National Oceanic and Atmospheric Administration.
TITLE CII--REGIONAL OCEAN PARTNERSHIPS
SEC. 10201. FINDINGS; PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The ocean and coastal waters and the Great Lakes of the
United States are foundational to the economy, security, global
competitiveness, and well-being of the United States and
continuously serve the people of the United States and other
countries as an important source of food, energy, economic
productivity, recreation, beauty, and enjoyment.
(2) Over many years, the resource productivity and water
quality of the ocean, coastal, and Great Lakes areas of the
United States have been diminished by pollution, increasing
population demands, economic development, and natural and man-
made hazard events, both acute and chronic.
(3) The ocean, coastal, and Great Lakes areas of the United
States are managed by State and Federal resource agencies and
Indian Tribes and regulated on an interstate and regional scale
by various overlapping Federal authorities, thereby creating a
significant need for interstate coordination to enhance
regional priorities, including the ecological and economic
health of those areas.
(4) Indian Tribes have unique expertise and knowledge
important for the stewardship of the ocean and coastal waters
and the Great Lakes of the United States.
(b) Purposes.--The purposes of this title are as follows:
(1) To complement and expand cooperative voluntary efforts
intended to manage, conserve, and restore ocean, coastal, and
Great Lakes areas spanning across multiple State and Indian
Tribe jurisdictions.
(2) To expand Federal support for monitoring, data
management, restoration, research, and conservation activities
in ocean, coastal, and Great Lakes areas.
(3) To commit the United States to a comprehensive
cooperative program to achieve improved water quality in, and
improvements in the productivity of living resources of,
oceans, coastal, and Great Lakes ecosystems.
(4) To authorize Regional Ocean Partnerships as
intergovernmental coordinators for shared regional priorities
among States and Indian Tribes relating to the collaborative
management of the large marine ecosystems, thereby reducing
duplication of efforts and maximizing opportunities to leverage
support in the ocean and coastal regions.
(5) To empower States to take a lead role in managing
oceans, coastal, and Great Lakes areas.
(6) To incorporate rights of Indian Tribes in the
management of oceans, coasts, and Great Lakes resources and
provide resources to support Indian Tribe participation in and
engagement with Regional Ocean Partnerships.
(7) To enable Regional Ocean Partnerships, or designated
fiscal management entities of such partnerships, to receive
Federal funding to conduct the scientific research,
conservation, and restoration activities, and priority
coordination on shared regional priorities necessary to achieve
the purposes described in paragraphs (1) through (6).
SEC. 10202. REGIONAL OCEAN PARTNERSHIPS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Coastal state.--The term ``coastal State'' has the
meaning given the term ``Coastal state'' in section 304 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(4) Regional ocean partnership.--The term ``Regional Ocean
Partnership'' means a Regional Ocean Partnership designated
under subsection (b).
(b) Regional Ocean Partnerships.--
(1) In general.--A coastal State or Indian Tribe may form a
partnership with--
(A) a coastal State that shares a common ocean or
coastal area with the coastal State, without regard to
whether the coastal States are contiguous; and
(B) States--
(i) that share a common ocean, coastal
area, or watershed with the coastal State,
without regard to whether the coastal States
are contiguous; or
(ii) that would contribute to the
priorities of the partnership; and
(C) Indian Tribes.
(2) Requirements.--A partnership formed under paragraph (1)
may apply for designation as a Regional Ocean Partnership in
such time and manner as determined appropriate by the Secretary
if the partnership--
(A) is established to coordinate the management of
ocean, coastal, and Great Lakes resources among the
members of the partnership;
(B) focuses on the environmental issues affecting
the ocean, coastal, and Great Lakes areas of the
members participating in the partnership;
(C) complements existing coastal and ocean
management efforts of States and Indian Tribes on an
interstate scale, focusing on shared regional
priorities;
(D) does not have a regulatory function; and
(E) is not duplicative of an existing Regional
Ocean Partnership designated under paragraph (3), as
determined by the Secretary.
(3) Designation of certain entities as regional ocean
partnerships.--The following entities are designated as
Regional Ocean Partnerships:
(A) The Gulf of Mexico Alliance, comprised of the
States of Alabama, Florida, Louisiana, Mississippi, and
Texas.
(B) The Northeast Regional Ocean Council, comprised
of the States of Maine, Vermont, New Hampshire,
Massachusetts, Connecticut, and Rhode Island.
(C) The Mid-Atlantic Regional Council on the Ocean,
comprised of the States of New York, New Jersey,
Delaware, Maryland, and Virginia.
(D) The West Coast Ocean Alliance, comprised of the
States of California, Oregon, and Washington and the
coastal Indian Tribes therein.
(4) Great lakes.--A partnership established under this
section for the purposes described in subsection (d) with
respect to a Great Lake may be known as a ``Regional Coastal
Partnership'' or a ``Regional Great Lakes Partnership''.
(c) Governing Bodies of Regional Ocean Partnerships.--A Regional
Ocean Partnership shall have a governing body that--
(1) shall be comprised, at a minimum, of voting members
from each coastal state participating in the Regional Ocean
Partnership, designated by the Governor of the coastal state;
and
(2) may include such other members as the partnership
considers appropriate.
(d) Functions.--A Regional Ocean Partnership may perform the
following functions:
(1) Promote coordination of the actions of the agencies of
governments participating in the partnership with the actions
of the appropriate officials of Federal agencies, State
governments, and Indian Tribes in developing strategies--
(A) to conserve living resources, increase valuable
habitats, enhance coastal resilience and ocean
management, promote ecological and economic health, and
address such other issues related to the shared ocean,
coastal, or Great Lakes areas as are determined to be a
shared, regional priority by those states; and
(B) to manage regional data portals and develop
associated data products for purposes that support the
priorities of the partnership.
(2) In cooperation with appropriate Federal and State
agencies, Indian Tribes, and local authorities, develop and
implement specific action plans to carry out coordination
goals.
(3) Coordinate and implement priority plans and projects,
and facilitate science, research, modeling, monitoring, data
collection, and other activities that support the goals of the
partnership through the provision of grants and contracts under
subsection (f).
(4) Engage, coordinate, and collaborate with relevant
governmental entities and stakeholders to address ocean and
coastal related matters that require interagency or
intergovernmental solutions.
(5) Implement outreach programs for public information,
education, and participation to foster stewardship of the
resources of the ocean, coastal, and Great Lakes areas, as
relevant.
(6) Develop and make available, through publications,
technical assistance, and other appropriate means, information
pertaining to cross-jurisdictional issues being addressed
through the coordinated activities of the partnership.
(7) Serve as a liaison with, and provide information to,
international counterparts, as appropriate on priority issues
for the partnership.
(e) Coordination, Consultation, and Engagement.--
(1) In general.--A Regional Ocean Partnership shall
maintain mechanisms for coordination, consultation, and
engagement with the following:
(A) The Federal Government.
(B) Indian Tribes.
(C) Nongovernmental entities, including academic
organizations, nonprofit organizations, and private
sector entities.
(D) Other federally mandated regional entities,
including the Regional Fishery Management Councils, the
regional associations of the National Integrated
Coastal and Ocean Observation System, and relevant
Marine Fisheries Commissions.
(2) Rule of construction.--Nothing in paragraph (1)(B) may
be construed as affecting any requirement to consult with
Indian Tribes under Executive Order 13175 (25 U.S.C. 5301 note;
relating to consultation and coordination with Indian Tribal
Governments) or any other applicable law or policy.
(f) Grants and Contracts.--
(1) In general.--A Regional Ocean Partnership may, in
coordination with existing Federal, State, and Tribal
management programs, from amounts made available to the
partnership by the Administrator or the head of another Federal
agency, subject to appropriations for such purpose, provide
grants and enter into contracts for the purposes described in
paragraph (2).
(2) Purposes.--The purposes described in this paragraph
include any of the following:
(A) Monitoring the water quality and living
resources of multistate ocean and coastal ecosystems
and coastal communities.
(B) Researching and addressing the effects of
natural and human-induced environmental changes on--
(i) ocean and coastal ecosystems; and
(ii) coastal communities.
(C) Developing and executing cooperative strategies
that--
(i) address regional data issues identified
by the partnership; and
(ii) will result in more effective
management of common ocean and coastal areas.
(g) Report Required.--
(1) In general.--Not later than 5 years after the date of
the enactment of this Act, the Administrator, in coordination
with the Regional Ocean Partnerships, shall submit to Congress
a report on the partnerships.
(2) Report requirements.--The report required by paragraph
(1) shall include the following:
(A) An assessment of the overall status of the work
of the Regional Ocean Partnerships.
(B) An assessment of the effectiveness of the
partnerships in supporting regional priorities relating
to the management of common ocean, coastal, and Great
Lakes areas.
(C) An assessment of the effectiveness of the
strategies that the partnerships are supporting or
implementing and the extent to which the priority needs
of the regions covered by the partnerships are being
met through such strategies.
(D) An assessment of how the efforts of the
partnerships support or enhance Federal and State
efforts consistent with the purposes of this title.
(E) Such recommendations as the Administrator may
have for improving--
(i) efforts of the partnerships to support
the purposes of this title; and
(ii) collective strategies that support the
purposes of this title in coordination with all
relevant Federal and State entities and Indian
Tribes.
(F) The distribution of funds from each partnership
for each fiscal year covered by the report.
(h) Availability of Federal Funds.--In addition to amounts made
available to the Regional Ocean Partnerships by the Administrator under
this section, the head of any other Federal agency may provide grants
to, enter into contracts with, or otherwise provide funding to such
partnerships, subject to availability of appropriations for such
purposes.
(i) Authorities.--Nothing in this section establishes any new legal
or regulatory authority of the National Oceanic and Atmospheric
Administration or of the Regional Ocean Partnerships, other than--
(1) the authority of the Administrator to provide amounts
to the partnerships; and
(2) the authority of the partnerships to provide grants and
enter into contracts under subsection (f).
(j) Authorizations.--
(1) Regional ocean partnerships.--There are authorized to
be appropriated to the Administrator the following amounts to
be made available to the Regional Ocean Partnerships or
designated fiscal management entities of such partnerships to
carry out activities of such partnerships under this title:
(A) $10,100,000 for fiscal year 2023.
(B) $10,202,000 for fiscal year 2024.
(C) $10,306,040 for fiscal year 2025.
(D) $10,412,160 for fiscal year 2026.
(E) $10,520,404 for fiscal year 2027.
(2) Distribution of amounts.--Amounts made available under
this subsection shall be divided evenly among the Regional
Ocean Partnerships.
(3) Tribal government participation.--There is authorized
to be appropriated to the Administrator $1,000,000 for each of
fiscal years 2023 through 2027 to be distributed to Indian
Tribes for purposes of participation in or engagement with the
Regional Ocean Partnerships.
TITLE CIII--NATIONAL OCEAN EXPLORATION
SEC. 10301. FINDINGS.
Congress makes the following findings:
(1) The health and resilience of the ocean are vital to the
security and economy of the United States and to the lives of
the people of the United States.
(2) The United States depends on the ocean to regulate
weather and climate, to sustain and protect the diversity of
life, for maritime shipping, for national defense, and for
food, energy, medicine, recreation, and other services
essential to the people of the United States and all humankind.
(3) The prosperity, security, and well-being of the United
States depend on successful understanding and stewardship of
the ocean.
(4) Interdisciplinary cooperation and engagement among
government agencies, research institutions, nongovernmental
organizations, States, Indian Tribes, and the private sector
are essential for successful stewardship of ocean and coastal
environments, national economic growth, national security, and
development of agile strategies that develop, promote, and use
new technologies.
(5) Ocean exploration can help the people of the United
States understand how to be effective stewards of the ocean and
serve as catalysts and enablers for other sectors of the
economy.
(6) Mapping, exploration, and characterization of the ocean
provides basic, essential information to protect and restore
the marine environment, stimulate economic activity, and
provide security for the United States.
(7) A robust national ocean exploration program engaging
multiple Federal agencies, Indian Tribes, the private sector,
nongovernmental organizations, and academia is--
(A) essential to the interests of the United States
and vital to its security and economy and the health
and well-being of all people of the United States; and
(B) critical to reestablish the United States at
the forefront of global ocean exploration and
stewardship.
SEC. 10302. DEFINITIONS.
In this title:
(1) Characterization.--The term ``characterization'' means
activities that provide comprehensive data and interpretations
for a specific area of interest of the sea floor, sub-bottom,
water column, or hydrologic features, including water masses
and currents, in direct support of specific research,
environmental protection, resource management, policymaking, or
applied mission objectives.
(2) Exploration.--The term ``exploration'' means activities
that provide--
(A) a multidisciplinary view of an unknown or
poorly understood area of the seafloor, sub-bottom, or
water column; and
(B) an initial assessment of the physical,
chemical, geological, biological, archeological, or
other characteristics of such an area.
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(4) Mapping.--The term ``mapping'' means activities that
provide comprehensive data and information needed to understand
seafloor characteristics, such as depth, topography, bottom
type, sediment composition and distribution, underlying
geologic structure, and benthic flora and fauna.
SEC. 10303. OCEAN POLICY COMMITTEE.
(a) Subcommittees.--Section 8932(c) of title 10, United States
Code, is amended to read as follows:
``(c) Subcommittees.--(1) The Committee shall include--
``(A) a subcommittee to be known as the `Ocean Science and
Technology Subcommittee'; and
``(B) a subcommittee to be known as the `Ocean Resource
Management Subcommittee'.
``(2) In discharging its responsibilities in support of agreed-upon
scientific needs, and to assist in the execution of the
responsibilities described in subsection (b), the Committee may
delegate responsibilities to the Ocean Science and Technology
Subcommittee, the Ocean Resource Management Subcommittee, or another
subcommittee of the Committee, as the Committee determines
appropriate.''.
(b) Increased Access to Geospatial Data for More Efficient and
Informed Decisionmaking.--
(1) Establishment of document system.--Section 8932(b) of
title 10, United States Code, is amended--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4)(F), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) for projects under the purview of the Committee,
establish or designate one or more systems for ocean-related
and ocean-mapping-related documents prepared under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), in
accordance with subsection (h).''.
(2) Elements.--Section 8932 of such title is amended--
(A) by redesignating subsection (h) as subsection
(i); and
(B) by inserting after subsection (g) the following
new subsection (h):
``(h) Elements of Document System.--The systems established or
designated under subsection (b)(5) may include the following:
``(1) A publicly accessible, centralized digital archive of
documents described in subsection (b)(5) that are finalized
after the date of the enactment of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023, including--
``(A) environmental impact statements;
``(B) environmental assessments;
``(C) records of decision; and
``(D) other relevant documents as determined by the
lead agency on a project.
``(2) Geospatially referenced data, if any, contained in
the documents under paragraph (1).
``(3) A mechanism to retrieve information through geo-
information tools that can map and integrate relevant
geospatial information, such as--
``(A) Ocean Report Tools;
``(B) the Environmental Studies Program Information
System;
``(C) Regional Ocean Partnerships; and
``(D) the Integrated Ocean Observing System.
``(4) Appropriate safeguards on the public accessibility of
data to protect national security equities.''.
SEC. 10304. NATIONAL OCEAN MAPPING, EXPLORATION, AND CHARACTERIZATION
COUNCIL.
(a) Establishment.--The President shall establish a council, to be
known as the ``National Ocean Mapping, Exploration, and
Characterization Council'' (in this section referred to as the
``Council'').
(b) Purpose.--The Council shall--
(1) update national priorities for ocean mapping,
exploration, and characterization; and
(2) coordinate and facilitate activities to advance those
priorities.
(c) Reporting.--The Council shall report to the Ocean Science and
Technology Subcommittee of the Ocean Policy Committee established under
section 8932(c) of title 10, United States Code.
(d) Membership.--The Council shall be composed of senior-level
representatives from the appropriate Federal agencies.
(e) Co-Chairs.--The Council shall be co-chaired by--
(1) two senior-level representatives from the National
Oceanic and Atmospheric Administration; and
(2) one senior-level representative from the Department of
the Interior.
(f) Duties.--The Council shall--
(1) set national ocean mapping, exploration, and
characterization priorities and strategies;
(2) cultivate and facilitate transparent and sustained
partnerships among Federal and State agencies, Indian Tribes,
private industry, academia, and nongovernmental organizations
to conduct ocean mapping, exploration, and characterization
activities and related technology development;
(3) coordinate improved processes for data compilation,
management, access, synthesis, and visualization with respect
to ocean mapping, exploration, and characterization, with a
focus on building on existing ocean data management systems and
with appropriate safeguards on the public accessibility of data
to protect national security equities, as appropriate;
(4) encourage education, workforce training, and public
engagement activities that--
(A) advance interdisciplinary principles that
contribute to ocean mapping, exploration, research, and
characterization;
(B) improve public engagement with and
understanding of ocean science; and
(C) provide opportunities for underserved
populations;
(5) coordinate activities as appropriate with domestic and
international ocean mapping, exploration, and characterization
initiatives or programs; and
(6) establish and monitor metrics to track progress in
achieving the priorities set under paragraph (1).
(g) Interagency Working Group on Ocean Exploration and
Characterization.--
(1) Establishment.--The President shall establish a new
interagency working group to be known as the ``Interagency
Working Group on Ocean Exploration and Characterization''.
(2) Membership.--The Interagency Working Group on Ocean
Exploration and Characterization shall be comprised of senior
representatives from Federal agencies with ocean exploration
and characterization responsibilities.
(3) Functions.--The Interagency Working Group on Ocean
Exploration and Characterization shall support the Council and
the Ocean Science and Technology Subcommittee of the Ocean
Policy Committee established under section 8932(c) of title 10,
United States Code, on ocean exploration and characterization
activities and associated technology development across the
Federal Government, State governments, Indian Tribes, private
industry, nongovernmental organizations, and academia.
(h) Oversight.--The Council shall oversee--
(1) the Interagency Working Group on Ocean Exploration and
Characterization established under subsection (g)(1); and
(2) the Interagency Working Group on Ocean and Coastal
Mapping under section 12203 of the Ocean and Coastal Mapping
Integration Act (33 U.S.C. 3502).
(i) Plan.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Council shall develop or update
and submit to the appropriate committees of Congress a plan for
an integrated cross-sectoral ocean mapping, exploration, and
characterization initiative.
(2) Elements.--The plan required by paragraph (1) shall--
(A) discuss the utility and benefits of ocean
exploration and characterization;
(B) identify and describe national ocean mapping,
exploration, and characterization priorities;
(C) identify and describe Federal and federally
funded ocean mapping, exploration, and characterization
programs;
(D) facilitate and incorporate non-Federal input
into national ocean mapping, exploration, and
characterization priorities;
(E) ensure effective coordination of ocean mapping,
exploration, and characterization activities among
programs described in subparagraph (C);
(F) identify opportunities for combining
overlapping or complementary needs, activities, and
resources of Federal agencies and non-Federal
organizations relating to ocean mapping, exploration,
and characterization while not reducing benefits from
existing mapping, explorations, and characterization
activities;
(G) promote new and existing partnerships among
Federal and State agencies, Indian Tribes, private
industry, academia, and nongovernmental organizations
to conduct or support ocean mapping, exploration, and
characterization activities and technology development
needs, including through coordination under section 3
of the Commercial Engagement Through Ocean Technology
Act of 2018 (33 U.S.C. 4102) and the National
Oceanographic Partnership Program under section 8931 of
title 10, United States Code;
(H) develop a transparent and sustained mechanism
for non-Federal partnerships and stakeholder engagement
in strategic planning and mission execution to be
implemented not later than December 31, 2023, for
coordinating such activities with--
(i) institutions of higher education (as
such term is defined in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C.
1001(a)), the private sector, philanthropic
organizations, and nonprofits; and
(ii) international partners for activities
relating to maritime areas (including the sea
floor) beyond the jurisdiction of the Federal
Government;
(I) establish standardized collection and data
management protocols, including with respect to
metadata, for ocean mapping, exploration, and
characterization which--
(i) are publicly accessible and locatable
via appropriate Federal repositories;
(ii) can facilitate the integration of
ocean data into products and use innovations
from non-Federal partners; and
(iii) have appropriate safeguards on the
public accessibility of data to protect
national security;
(J) encourage the development, testing,
demonstration, and adoption of innovative ocean
mapping, exploration, and characterization technologies
and applications;
(K) promote protocols for accepting data,
equipment, approaches, or other resources that support
national ocean mapping, exploration, and
characterization priorities;
(L) identify best practices for the protection of
marine life during mapping, exploration, and
characterization activities;
(M) identify training, technology, and other
resource requirements for enabling the National Oceanic
and Atmospheric Administration and other appropriate
Federal agencies to support a coordinated national
ocean mapping, exploration, and characterization
effort;
(N) identify and facilitate a centralized mechanism
or office for coordinating data collection,
compilation, processing, archiving, and dissemination
activities relating to ocean mapping, exploration, and
characterization that meets Federal mandates for data
accuracy and accessibility;
(O) designate repositories responsible for
archiving and managing ocean mapping, exploration, and
characterization data;
(P) set forth a timetable and estimated costs for
implementation and completion of the plan;
(Q) to the extent practicable, align ocean
exploration and characterization efforts with existing
programs and identify key gaps; and
(R) identify criteria for determining the optimal
frequency of observations; and
(S) provide recommendations, developed in
coordination with the private sector, to improve
incentives, access, and processes for the private
sector to share ocean-related data with the public and
Federal Government.
(j) Briefings.--Not later than 1 year after the date of the
enactment of this Act, and not less frequently than once every 2 years
thereafter, the Council shall brief the appropriate committees of
Congress on--
(1) progress made toward meeting the national priorities
described in subsection (i)(2)(B); and
(2) recommendations for meeting such priorities, such as
additional authorities that may be needed to develop a
mechanism for non-Federal partnerships and stakeholder
engagement described in subsection (i)(2)(H).
(k) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation
and the Committee on Armed Services of the Senate; and
(2) the Committee on Natural Resources, the Committee on
Science, Space, and Technology, and the Committee on Armed
Services of the House of Representatives.
SEC. 10305. MODIFICATIONS TO THE OCEAN EXPLORATION PROGRAM OF THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
(a) Purpose.--Section 12001 of the Omnibus Public Land Management
Act of 2009 (33 U.S.C. 3401) is amended by striking ``and the national
undersea research program''.
(b) Program Established.--Section 12002 of such Act (33 U.S.C.
3402) is amended--
(1) in the first sentence, by striking ``and undersea'';
and
(2) in the second sentence, by striking ``and undersea
research and exploration'' and inserting ``research and ocean
exploration and characterization efforts''.
(c) Powers and Duties of the Administrator.--
(1) In general.--Section 12003(a) of such Act (33 U.S.C.
3403(a)) is amended--
(A) in the matter preceding paragraph (1), by
inserting ``, in consultation with the Ocean Policy
Committee established under section 8932 of title 10,
United States Code,'' after ``Administration'';
(B) in paragraph (1)--
(i) by striking ``voyages'' and inserting
``expeditions'';
(ii) by striking ``Federal agencies'' and
all that follows through ``and survey'' and
inserting ``Federal and State agencies, Tribal
Governments, private industry, academia
(including secondary schools, community
colleges, and universities), and
nongovernmental organizations, to map, explore,
and characterize''; and
(iii) by inserting ``characterize,'' after
``observe,'';
(C) in paragraph (2), by inserting ``of the
exclusive economic zone'' after ``deep ocean regions'';
(D) in paragraph (3), by striking ``voyages'' and
inserting ``expeditions'';
(E) in paragraph (4), by striking ``, in
consultation with the National Science Foundation,'';
(F) by amending paragraph (5) to read as follows:
``(5) support technological innovation of the United States
marine science community by promoting the development and use
of new and emerging technologies for research, communication,
navigation, and data collection, such as sensors and autonomous
vehicles;'';
(G) in paragraph (6), by inserting ``, in
consultation with the National Ocean Mapping,
Exploration, and Characterization Council established
under section 5405 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023,'' after
``forum'';
(H) by adding at the end the following:
``(7) provide guidance, in consultation with the National
Ocean Mapping, Exploration, and Characterization Council, to
Federal and State agencies, Tribal Governments, private
industry, academia (including secondary schools, community
colleges, and universities), and nongovernmental organizations
on data standards, protocols for accepting data, and
coordination of data collection, compilation, processing,
archiving, and dissemination for data relating to ocean
exploration and characterization; and
``(8) coordinate with applicable ocean mapping, ocean
monitoring, and ocean observation programs to maximize
coordination and collaboration opportunities, prevent
duplication of such activities and identify gaps in data.''.
(2) Donations.--Section 12003(b) of such Act (33 U.S.C.
3403(b)) is amended to read as follows:
``(b) Donations.--For the purpose of mapping, exploring, and
characterizing the oceans or increasing the knowledge of the oceans,
the Administrator may--
``(1) accept monetary donations, which shall be credited as
discretionary offsetting collections to the currently
applicable appropriation, account, or fund of the National
Oceanic and Atmospheric Administration and shall be made
available for such purposes only to the extent and in the
amounts provided in advance in appropriations Acts;
``(2) accept donations of property, data, and equipment;
and
``(3) pay all necessary expenses in connection with the
conveyance or transfer of a gift, devise, or bequest.''.
(3) Definition of exclusive economic zone.--Section 12003
of such Act (33 U.S.C. 3403) is amended by adding at the end
the following:
``(c) Definition of Exclusive Economic Zone.--In this section, the
term `exclusive economic zone' means the zone established by
Presidential Proclamation Number 5030, dated March 10, 1983 (16 U.S.C.
1453 note).''.
(d) Repeal of Ocean Exploration and Undersea Research Technology
and Infrastructure Task Force.--Section 12004 of such Act (33 U.S.C.
3404) is repealed.
(e) Education, Workforce Training, and Outreach.--
(1) In general.--Such Act is further amended by inserting
after section 12003 the following new section 12004:
``SEC. 12004. EDUCATION, WORKFORCE TRAINING, AND OUTREACH.
``(a) In General.--The Administrator of the National Oceanic and
Atmospheric Administration shall--
``(1) conduct education and outreach efforts in order to
broadly disseminate information to the public on the
discoveries made by the program under section 12002;
``(2) to the extent possible, coordinate the efforts
described in paragraph (1) with the outreach strategies of
other domestic or international ocean mapping, exploration, and
characterization initiatives; and
``(3) establish a fellowship program at the National
Oceanic and Atmospheric Administration to provide year-long
fellowships to undergraduate students from institutions
described in section 371(a) of the Higher Education Act of
1965.
``(b) Education and Outreach Efforts.--Efforts described in
subsection (a)(1) may include--
``(1) education of the general public, teachers, students,
and ocean and coastal resource managers; and
``(2) workforce training, reskilling, and opportunities to
encourage development of ocean-related science, technology,
engineering, and mathematics technical training programs
involving secondary schools, community colleges, and
universities, including institutions described in section
371(a) of the Higher Education Act of 1965.
``(c) Outreach Strategy.--Not later than 180 days after the date of
the enactment of the National Ocean Exploration Act, the Administrator
of the National Oceanic and Atmospheric Administration shall develop an
outreach strategy to broadly disseminate information on the discoveries
made by the program under section 12002.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Omnibus Public Land Management Act of 2009 (Public
Law 111-11; 123 Stat. 991) is amended by striking the item
relating to section 12004 and inserting the following:
``Sec. 12004. Education, workforce training, and outreach.''.
(f) Ocean Exploration Advisory Board.--
(1) Establishment.--Section 12005(a) of such Act (33 U.S.C.
3505(a)) is amended--
(A) by inserting ``, including representatives from
academic, commercial, nonprofit, philanthropic, policy,
and Tribal entities'' after ``relevant fields'';
(B) by amending paragraph (1) to read as follows:
``(1) to advise the Administrator on priority areas for
survey, discovery, and opportunities for extramural
collaboration and partnerships;'';
(C) by redesignating paragraph (4) as paragraph
(6); and
(D) by inserting after paragraph (3) the following:
``(4) to identify market barriers to development or
commercialization of novel ocean mapping, exploration, and
characterization products, processes, and tools;
``(5) to identify best practices to improve data
management, processing, storage, and archiving standards;
and''.
(2) Technical amendment.--Section 12005(c) of such Act (33
U.S.C. 3505(c)) is amended by inserting ``this'' before
``part''.
(g) Authorization of Appropriations.--Section 12006 of such Act (33
U.S.C. 3406) is amended by striking ``this part'' and all that follows
and inserting ``this part $60,000,000 for each of fiscal years 2023
through 2028''.
(h) Definitions.--Such Act is further amended by inserting after
section 12006 the following:
``SEC. 12007. DEFINITIONS.
``In this part:
``(1) Characterization.--The terms `characterization',
`characterize', and `characterizing' mean activities that
provide comprehensive data and interpretations for a specific
area of interest of the sea floor, sub-bottom, water column, or
hydrologic features, such as water masses and currents, in
direct support of specific research, environmental protection,
resource management, policymaking, or applied mission
objectives.
``(2) Exploration.--The term `exploration', `explore', and
`exploring' means activities that provide--
``(A) a multidisciplinary view of an unknown or
poorly understood area of the sea floor, sub-bottom, or
water column; and
``(B) an initial assessment of the physical,
chemical, geological, biological, archaeological, or
other characteristics of such an area.
``(3) Mapping.--The terms `map' and `mapping' mean
activities that provide comprehensive data and information
needed to understand sea floor characteristics, including
depth, topography, bottom type, sediment composition and
distribution, underlying geologic structure, and benthic flora
and fauna.''.
(i) Clerical Amendment.--The table of contents in section 1(b) of
the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123
Stat. 991) is amended by inserting after the item relating to section
12006 the following:
``Sec. 12007. Definitions.''.
SEC. 10306. REPEAL.
(a) In General.--The NOAA Undersea Research Program Act of 2009
(part II of subtitle A of title XII of Public Law 111-11; 33 U.S.C.
3421 et seq.) is repealed.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123
Stat. 991) is amended by striking the items relating to part II of
subtitle A of title XII of such Act.
SEC. 10307. MODIFICATIONS TO OCEAN AND COASTAL MAPPING PROGRAM OF THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
(a) Establishment of Program.--
(1) In general.--Section 12202(a) of the Ocean and Coastal
Mapping Integration Act (33 U.S.C. 3501(a)) is amended--
(A) by striking ``establish a program to develop a
coordinated and'' and inserting ``establish and
maintain a program to coordinate'';
(B) by striking ``plan'' and inserting ``efforts'';
and
(C) by striking ``that enhances'' and all that
follows and inserting ``that--
``(1) enhances ecosystem approaches in decisionmaking for
natural resource and habitat management restoration and
conservation, emergency response, and coastal resilience and
adaptation;
``(2) establishes research and mapping priorities;
``(3) supports the siting of research and other platforms;
and
``(4) advances ocean and coastal science.''.
(2) Membership.--Section 12202 of such Act (33 U.S.C. 3501)
is amended by striking subsection (b) and redesignating
subsection (c) as subsection (b).
(3) Program parameters.--Subsection (b) of section 12202 of
such Act (33 U.S.C. 3501), as redesignated by paragraph (2), is
amended--
(A) in the matter preceding paragraph (1), by
striking ``developing'' and inserting ``maintaining'';
(B) in paragraph (2), by inserting ``and for
leveraging existing Federal geospatial services
capacities and contract vehicles for efficiencies''
after ``coastal mapping'';
(C) in paragraph (7), by striking ``with coastal
state and local government programs'' and inserting
``with mapping programs, in conjunction with Federal
and State agencies, Tribal governments, private
industry, academia, and nongovernmental
organizations'';
(D) in paragraph (8), by striking ``of real-time
tide data and the development'' and inserting ``of tide
data and water-level data and the development and
dissemination'';
(E) in paragraph (9), by striking ``; and'' and
inserting a semicolon;
(F) in paragraph (10), by striking the period at
the end and inserting ``; and''; and
(G) by adding at the end the following:
``(11) support--
``(A) the Ocean Science and Technology Subcommittee
of the Ocean Policy Committee established under section
8932(c) of title 10, United States Code; and
``(B) the National Ocean Mapping, Exploration, and
Characterization Council established under section 5405
of the National Ocean Exploration Act.''.
(b) Interagency Working Group on Ocean and Coastal Mapping.--
(1) Name change.--The Ocean and Coastal Mapping Integration
Act (33 U.S.C. 3501 et seq.) is amended--
(A) in section 12202 (33 U.S.C. 3501)--
(i) in subsection (a), by striking
``Interagency Committee on Ocean and Coastal
Mapping'' and inserting ``Interagency Working
Group on Ocean and Coastal Mapping under
section 12203''; and
(ii) in subsection (b), as redesignated by
subsection (a)(2), by striking ``Committee''
and inserting ``Working Group'';
(B) in section 12203 (33 U.S.C. 3502)--
(i) in the section heading, by striking
``committee'' and inserting ``working group'';
(ii) in subsection (b), in the first
sentence, by striking ``committee'' and
inserting ``Working Group'';
(iii) in subsection (e), by striking
``committee'' and inserting ``Working Group'';
and
(iv) in subsection (f), by striking
``committee'' and inserting ``Working Group'';
and
(C) in section 12208 (33 U.S.C. 3507), by amending
paragraph (3) to read as follows:
``(3) Working group.--The term `Working Group' means the
Interagency Working Group on Ocean and Coastal Mapping under
section 12203.''.
(2) In general.--Section 12203(a) of such Act (33 U.S.C.
3502(a)) is amended by striking ``within 30 days'' and all that
follows and inserting ``not later than 30 days after the date
of the enactment of the National Ocean Exploration Act, shall
use the Interagency Working Group on Ocean and Coastal Mapping
in existence as of the date of the enactment of such Act to
implement section 12202.''.
(3) Membership.--Section 12203(b) of such Act (33 U.S.C.
3502(b)) is amended--
(A) by striking ``senior'' both places it appears
and inserting ``senior-level'';
(B) by striking the second sentence;
(C) by striking ``the Minerals Management Service''
and inserting ``the Bureau of Ocean Energy Management
of the Department of the Interior, the Office of the
Assistant Secretary, Fish and Wildlife and Parks of the
Department of the Interior''; and
(D) by striking ``the Chief of Naval Operations''
and inserting ``the Department of the Navy''.
(4) Co-chairs.--Section 12203(c) of such Act (33 U.S.C.
3502(c)) is amended to read as follows:
``(c) Co-Chairs.--The Working Group shall be co-chaired by one
representative from each of the following:
``(1) The National Oceanic and Atmospheric Administration.
``(2) The Department of the Interior.''.
(5) Subordinate groups.--Section 12203(d) of such Act (33
U.S.C. 3502(d)) is amended to read as follows:
``(d) Subordinate Groups.--The co-chairs may establish such
permanent or temporary subordinate groups as determined appropriate by
the Working Group.''.
(6) Meetings.--Section 12203(e) of such Act (33 U.S.C.
3502(e)) is amended by striking ``each subcommittee and each
working group'' and inserting ``each subordinate group''.
(7) Coordination.--Section 12203(f) of such Act (33 U.S.C.
3502(f)) is amended by striking paragraphs (1) through (5) and
inserting the following:
``(1) other Federal efforts;
``(2) international mapping activities;
``(3) coastal States;
``(4) coastal Indian Tribes;
``(5) data acquisition and user groups through workshops,
partnerships, and other appropriate mechanisms; and
``(6) representatives of nongovernmental entities.''.
(8) Advisory panel.--Section 12203 of such Act (33 U.S.C.
3502) is amended by striking subsection (g).
(9) Functions.--Section 12203 of such Act (33 U.S.C. 3502),
as amended by paragraph (8), is further amended by adding at
the end the following:
``(g) Support Functions.--The Working Group shall support the
National Ocean Mapping, Exploration, and Characterization Council
established under section 5405 of the National Ocean Exploration Act
and the Ocean Science and Technology Subcommittee of the Ocean Policy
Committee established under section 8932(c) of title 10, United States
Code, on ocean mapping activities and associated technology development
across the Federal Government, State governments, coastal Indian
Tribes, private industry, nongovernmental organizations, and
academia.''.
(10) Clerical amendment.--The table of contents in section
1(b) of the Omnibus Public Land Management Act of 2009 (Public
Law 111-11; 123 Stat. 991) is amended by striking the item
relating to section 12203 and inserting the following:
``Sec. 12203. Interagency working group on ocean and coastal
mapping.''.
(c) Biennial Reports.--Section 12204 of the Ocean and Coastal
Mapping Integration Act (33 U.S.C. 3503) is amended--
(1) in the matter preceding paragraph (1), by striking ``No
later'' and all that follows through ``House of
Representatives'' and inserting ``Not later than 18 months
after the date of the enactment of the National Ocean
Exploration Act, and biennially thereafter until 2040, the co-
chairs of the Working Group, in coordination with the National
Ocean Mapping, Exploration, and Characterization Council
established under section 5405 of such Act, shall submit to the
Committee on Commerce, Science, and Transportation and the
Committee on Energy and Natural Resources of the Senate, and
the Committee on Natural Resources and the Committee on
Science, Space, and Technology of the House of
Representatives,'';
(2) in paragraph (1), by inserting ``, including the data
maintained by the National Centers for Environmental
Information of the National Oceanic and Atmospheric
Administration,'' after ``mapping data'';
(3) in paragraph (3), by inserting ``, including a plan to
map the coasts of the United States on a requirements-based
cycle, with mapping agencies and partners coordinating on a
unified approach that factors in recent related studies, meets
multiple user requirements, and identifies gaps'' after
``accomplished'';
(4) by striking paragraph (10) and redesignating paragraphs
(11), (12), and (13) as paragraphs (10), (11), and (12),
respectively;
(5) in paragraph (10), as so redesignated, by striking
``with coastal State and local government programs'' and
inserting ``with international, coastal State, and local
government and nongovernmental mapping programs'';
(6) in paragraph (11), as redesignated by paragraph (4)--
(A) by striking ``increase'' and inserting
``streamline and expand'';
(B) by inserting ``for the purpose of fulfilling
Federal mapping and charting responsibilities, plans,
and strategies'' after ``entities''; and
(C) by striking ``; and'' and inserting a
semicolon;
(7) in paragraph (12), as redesignated by paragraph (4), by
striking the period at the end and inserting a semicolon; and
(8) by adding at the end the following:
``(13) a progress report on the development of new and
innovative technologies and applications through research and
development, including cooperative or other agreements with
joint or cooperative research institutes and centers and other
nongovernmental entities;
``(14) a description of best practices in data processing
and distribution and leveraging opportunities among agencies
represented on the Working Group and with coastal States,
coastal Indian Tribes, and nongovernmental entities;
``(15) an identification of any training, technology, or
other requirements for enabling Federal mapping programs,
vessels, and aircraft to support a coordinated ocean and
coastal mapping program; and
``(16) a timetable for implementation and completion of the
plan described in paragraph (3), including recommendations for
integrating new approaches into the program.''.
(d) NOAA Joint Ocean and Coastal Mapping Centers.--
(1) Centers.--Section 12205(c) of such Act (33 U.S.C.
3504(c)) is amended--
(A) in the matter preceding paragraph (1), by
striking ``3'' and inserting ``three''; and
(B) in paragraph (4), by inserting ``and uncrewed''
after ``sensing''.
(2) Plan.--Section 12205 of such Act (33 U.S.C. 3504) is
amended--
(A) in the section heading, by striking ``plan''
and inserting ``noaa joint ocean and coastal mapping
centers'';
(B) by striking subsections (a), (b), and (d); and
(C) in subsection (c), by striking ``(c) NOAA Joint
Ocean and Coastal Mapping Centers.--''.
(3) Clerical amendment.--The table of contents in section
1(b) of the Omnibus Public Land Management Act of 2009 (Public
Law 111-11; 123 Stat. 991) is amended by striking the item
relating to section 12205 and inserting the following:
``Sec. 12205. NOAA joint ocean and coastal mapping centers.''.
(e) Ocean and Coastal Mapping Federal Funding Opportunity.--The
Ocean and Coastal Mapping Integration Act (33 U.S.C. 3501 et seq.) is
amended--
(1) by redesignating sections 12206, 12207, and 12208 as
sections 12208, 12209, and 12210, respectively; and
(2) by inserting after section 12205 the following:
``SEC. 12206. OCEAN AND COASTAL MAPPING FEDERAL FUNDING OPPORTUNITY.
``(a) In General.--Not later than one year after the date of the
enactment of the National Ocean Exploration Act, the Administrator
shall develop an integrated ocean and coastal mapping Federal funding
match opportunity, to be known as the `Brennan Ocean Mapping Fund' in
memory of Rear Admiral Richard T. Brennan, within the National Oceanic
and Atmospheric Administration with Federal, State, Tribal, local,
nonprofit, private industry, or academic partners in order to increase
the coordinated acquisition, processing, stewardship, and archival of
new ocean and coastal mapping data in United States waters.
``(b) Rules.--The Administrator shall develop administrative and
procedural rules for the ocean and coastal mapping Federal funding
match opportunity developed under subsection (a), to include--
``(1) specific and detailed criteria that must be addressed
by an applicant, such as geographic overlap with preestablished
priorities, number and type of project partners, benefit to the
applicant, coordination with other funding opportunities, and
benefit to the public;
``(2) determination of the appropriate funding match
amounts and mechanisms to use, such as grants, agreements, or
contracts; and
``(3) other funding award criteria as are necessary or
appropriate to ensure that evaluations of proposals and
decisions to award funding under this section are based on
objective standards applied fairly and equitably to those
proposals.
``(c) Geospatial Services and Contract Vehicles.--The ocean and
coastal mapping Federal funding match opportunity developed under
subsection (a) shall leverage Federal expertise and capacities for
geospatial services and Federal geospatial contract vehicles using the
private sector for acquisition efficiencies.
``SEC. 12207. AGREEMENTS AND FINANCIAL ASSISTANCE.
``(a) Agreements.--Subject to the availability of appropriations
for such purpose, the head of a Federal agency that is represented on
the Interagency Committee on Ocean and Coastal Mapping may enter into
agreements with any other agency that is so represented to provide, on
a reimbursable or nonreimbursable basis, facilities, equipment,
services, personnel, and other support services to carry out the
purposes of this subtitle.
``(b) Financial Assistance.--The Administrator may make financial
assistance awards (grants of cooperative agreements) to any State or
subdivision thereof or any public or private organization or individual
to carry out the purposes of this subtitle.''.
(f) Authorization of Appropriations.--Section 12209 of such Act, as
redesignated by subsection (e)(1), is amended--
(1) in subsection (a), by striking ``this subtitle'' and
all that follows and inserting ``this subtitle $45,000,000 for
each of fiscal years 2023 through 2028.'';
(2) in subsection (b), by striking ``this subtitle'' and
all that follows and inserting ``this subtitle $15,000,000 for
each of fiscal years 2023 through 2028.'';
(3) by striking subsection (c); and
(4) by inserting after subsection (b) the following:
``(c) Ocean and Coastal Mapping Federal Funding Opportunity.--Of
amounts authorized pursuant to subsection (a), $20,000,000 is
authorized to carry out section 12206.''.
(g) Definitions.--
(1) Ocean and coastal mapping.--Paragraph (5) of section
12210 of such Act, as redesignated by subsection (e)(1), is
amended by striking ``processing, and management'' and
inserting ``processing, management, maintenance,
interpretation, certification, and dissemination''.
(2) Coastal indian tribe.--Section 12210 of such Act, as
redesignated by subsection (e)(1), is amended by adding at the
end the following:
``(9) Coastal indian tribe.--The term `coastal Indian
Tribe' means an `Indian Tribe', as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304), the land of which is located in a coastal
State.''.
(h) Clerical Amendments.--The table of contents in section 1(b) of
the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123
Stat. 991) is amended by striking the items relating to sections 12206
through 12208 and inserting the following:
``Sec. 12206. Ocean and coastal mapping Federal funding opportunity.
``Sec. 12207. Cooperative agreements, contracts, and grants.
``Sec. 12208. Effect on other laws.
``Sec. 12209. Authorization of appropriations.
``Sec. 12210. Definitions.''.
SEC. 10308. MODIFICATIONS TO HYDROGRAPHIC SERVICES IMPROVEMENT ACT OF
1998.
(a) Definitions.--Section 302(4)(A) of the Hydrographic Services
Improvement Act of 1998 (33 U.S.C. 892(4)(A)) is amended by inserting
``hydrodynamic forecast and datum transformation models,'' after
``nautical information databases,''.
(b) Functions of the Administrator.--Section 303(b) of such Act (33
U.S.C. 892a(b)) is amended--
(1) in the matter preceding paragraph (1), by inserting
``precision navigation,'' after ``promote''; and
(2) in paragraph (2)--
(A) by inserting ``and hydrodynamic forecast
models'' after ``monitoring systems'';
(B) by inserting ``and provide foundational
information and services required to support coastal
resilience planning for coastal transportation and
other infrastructure, coastal protection and
restoration projects, and related activities'' after
``efficiency''; and
(C) by striking ``; and'' and inserting a
semicolon.
(c) Quality Assurance Program.--Section 304(a) of such Act (33
U.S.C. 892b(a)) is amended by striking ``product produced'' and
inserting ``product or service produced or disseminated''.
(d) Authorization of Appropriations.--Section 306(a) of such Act
(33 U.S.C. 892d(a)) is amended--
(1) in paragraph (1), by striking ``$70,814,000 for each of
fiscal years 2019 through 2023'' and inserting ``$71,000,000
for each of fiscal years 2023 through 2028'';
(2) in paragraph (2), by striking ``$25,000,000 for each of
fiscal years 2019 through 2023'' and inserting ``$34,000,000
for each of fiscal years 2023 through 2028'';
(3) in paragraph (3), by striking ``$29,932,000 for each of
fiscal years 2019 through 2023'' and inserting ``$38,000,000
for each of fiscal years 2023 through 2028'';
(4) in paragraph (4), by striking ``$26,800,000 for each of
fiscal years 2019 through 2023'' and inserting ``$45,000,000
for each of fiscal years 2023 through 2028''; and
(5) in paragraph (5), by striking ``$30,564,000 for each of
fiscal years 2019 through 2023'' and inserting ``$35,000,000
for each of fiscal years 2023 through 2028''.
TITLE CIV--MARINE MAMMAL RESEARCH AND RESPONSE
SEC. 10401. DATA COLLECTION AND DISSEMINATION.
Section 402 of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1421a) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``or
entangled'' after ``stranded'';
(B) in paragraph (3)--
(i) by striking ``strandings,'' and
inserting ``strandings and entanglements,
including unusual mortality events,'';
(ii) by inserting ``stranding'' before
``region''; and
(iii) by striking ``marine mammals; and''
and inserting ``marine mammals and entangled
marine mammals to allow comparison of the
causes of illness and deaths in stranded marine
mammals and entangled marine mammals with
physical, chemical, and biological
environmental parameters; and''; and
(C) in paragraph (4), by striking ``analyses, that
would allow comparison of the causes of illness and
deaths in stranded marine mammals with physical,
chemical, and biological environmental parameters.''
and inserting ``analyses.''; and
(2) by striking subsection (c) and inserting the following:
``(c) Information Required To Be Submitted and Collected.--
``(1) In general.--After each response to a stranding or
entanglement event, the Secretary shall collect (including from
any staff of the National Oceanic and Atmospheric
Administration that respond directly to such an event), and
shall require each stranding network participant who responds
to that stranding or entanglement to submit to the
Administrator of the National Oceanic and Atmospheric
Administration or the Director of the United States Fish and
Wildlife Service--
``(A) data on the stranding event, including NOAA
Form 89-864 (OMB #0648-0178), NOAA Form 89-878 (OMB
#0648-0178), similar successor forms, or similar
information in an appropriate format required by the
United States Fish and Wildlife Service for species
under its management authority;
``(B) supplemental data to the data described in
subparagraph (A), which may include, as available,
relevant information about--
``(i) weather and tide conditions;
``(ii) offshore human, predator, or prey
activity;
``(iii) morphometrics;
``(iv) behavior;
``(v) health assessments;
``(vi) life history samples; or
``(vii) stomach and intestinal contents;
and
``(C) data and results from laboratory analysis of
tissues, which may include, as appropriate and
available--
``(i) histopathology;
``(ii) toxicology;
``(iii) microbiology;
``(iv) virology; or
``(v) parasitology.
``(2) Timeline.--A stranding network participant shall
submit--
``(A) the data described in paragraph (1)(A) not
later than 30 days after the date of a response to a
stranding or entanglement event;
``(B) the compiled data described in paragraph
(1)(B) not later than 30 days after the date on which
the data is available to the stranding network
participant; and
``(C) the compiled data described in paragraph
(1)(C) not later than 30 days after the date on which
the laboratory analysis has been reported to the
stranding network participant.
``(3) Online data input system.--The Secretary, acting
through the Under Secretary of Commerce for Oceans and
Atmosphere, in consultation with the stranding network and the
Office of Evaluation Sciences of the General Services
Administration, shall establish an online system for the
purposes of efficient and timely submission of data described
in paragraph (1).
``(d) Availability of Data.--
``(1) In general.--The Secretary shall develop a program to
make information, including any data and metadata collected
under paragraph (3) or (4) of subsection (b) or subsection (c),
available to researchers, stranding network participants, and
the public--
``(A) to improve real-time coordination of response
to stranding and entanglement events across geographic
areas and between stranding coordinators;
``(B) to identify and quickly disseminate
information on potential public health risks;
``(C) to facilitate integrated interdisciplinary
research;
``(D) to facilitate peer-reviewed publications;
``(E) to archive regional data into 1 national
database for future analyses; and
``(F) for education and outreach activities.
``(2) Access to data.--The Secretary shall ensure that any
data or metadata collected under subsection (c)--
``(A) by staff of the National Oceanic and
Atmospheric Administration or the United States Fish
and Wildlife Service that responded directly to a
stranding or entanglement event is available to the
public through the Health MAP and the Observation
System not later than 30 days after that data or
metadata is collected by, available to, or reported to
the Secretary; and
``(B) by a stranding network participant that
responded directly to a stranding or entanglement event
is made available to the public through the Health MAP
and the Observation System 2 years after the date on
which that data are submitted to the Secretary under
subsection (c).
``(3) Exceptions.--
``(A) Written release.--Notwithstanding paragraph
(2)(B), the Secretary may make data described in
paragraph (2)(B) publicly available earlier than 2
years after the date on which that data are submitted
to the Secretary under subsection (c), if the stranding
network participant has completed a written release
stating that such data may be made publicly available.
``(B) Law enforcement.--Notwithstanding paragraph
(2), the Secretary may withhold data for a longer
period than the period of time described in paragraph
(2) in the event of a law enforcement action or legal
action that may be related to that data.
``(e) Standards.--The Secretary, in consultation with the marine
mammal stranding community, shall--
``(1) make publicly available guidance about uniform data
and metadata standards to ensure that data collected in
accordance with this section can be archived in a form that is
readily accessible and understandable to the public through the
Health MAP and the Observation System; and
``(2) periodically update such guidance.
``(f) Management Policy.--In collaboration with the regional
stranding networks, the Secretary shall develop, and periodically
update, a data management and public outreach collaboration policy for
stranding or entanglement events.
``(g) Authorship Agreements and Acknowledgment Policy.--The
Secretary, acting through the Under Secretary of Commerce for Oceans
and Atmosphere, shall include authorship agreements or other
acknowledgment considerations for use of data by the public, as
determined by the Secretary.
``(h) Savings Clause.--The Secretary shall not require submission
of research data that are not described in subsection (c).''.
SEC. 10402. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.
(a) In General.--Section 403 of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1421b) is amended--
(1) in the section heading by inserting ``or entanglement''
before ``response'';
(2) in subsection (a), by striking the period at the end
and inserting ``or entanglement.''; and
(3) in subsection (b)--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) include a description of the data management and
public outreach policy established under section 402(f).''.
(b) Table of Contents Amendment.--The table of contents in the
first section of the Marine Mammal Protection Act of 1972 (Public Law
92-522; 86 Stat. 1027) is amended by striking the item related to
section 403 and inserting the following:
``Sec. 403. Stranding or entanglement response agreements.''.
SEC. 10403. UNUSUAL MORTALITY EVENT ACTIVITY FUNDING.
Section 405(b) the Marine Mammal Protection Act of 1972 (16 U.S.C.
1421d(b)) is amended to read as follows:
``(b) Uses.--Amounts in the Fund shall be available only for use by
the Secretary, in consultation with the Secretary of the Interior, and
dispersed among claimants based on budgets approved by the Secretary
prior to expenditure--
``(1) to make advance, partial, or progress payments under
contracts or other funding mechanisms for property, supplies,
salaries, services, and travel costs incurred in acting in
accordance with the contingency plan issued under section
404(b) or under the direction of an Onsite Coordinator for an
unusual mortality event designated under section
404(a)(2)(B)(iii);
``(2) for reimbursing any stranding network participant for
costs incurred in the collection, preparation, analysis, and
transportation of marine mammal tissues and samples collected
with respect to an unusual mortality event for the Tissue Bank;
and
``(3) for the care and maintenance of a marine mammal
seized under section 104(c)(2)(D); and''.
SEC. 10404. LIABILITY.
Section 406(a) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1421e(a)) is amended, in the matter preceding paragraph (1)--
(1) by inserting ``or entanglement'' after ``to a
stranding''; and
(2) by striking ``government'' and inserting
``Government''.
SEC. 10405. NATIONAL MARINE MAMMAL TISSUE BANK AND TISSUE ANALYSIS.
Section 407 of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1421f) is amended--
(1) in subsection (c)(2)(A), by striking ``the health of
marine mammals and'' and inserting ``marine mammal health and
mortality and the health of''; and
(2) in subsection (d), in the matter preceding paragraph
(1), by inserting ``public'' before ``access''.
SEC. 10406. MARINE MAMMAL RESCUE AND RESPONSE GRANT PROGRAM AND RAPID
RESPONSE FUND.
(a) In General.--Section 408 of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1421f-1) is amended--
(1) by striking the section heading and inserting ``marine
mammal rescue and response grant program and rapid response
fund'';
(2) by striking subsections (a) through (d) and subsections
(f) through (h);
(3) by redesignating subsection (e) as subsection (f); and
(4) by inserting before subsection (f), as redesignated by
paragraph (3), the following:
``(a) Definitions.--In this section:
``(1) Emergency assistance.--
``(A) In general.--The term `emergency assistance'
means--
``(i) financial assistance provided to
respond to, or that results from, a stranding
event or entanglement event that--
``(I) causes an immediate increase
in the cost of a response, recovery, or
rehabilitation that is greater than the
usual cost of a response, recovery, or
rehabilitation;
``(II) is cyclical or endemic; or
``(III) involves a marine mammal
that is out of the normal range for
that marine mammal; or
``(ii) financial assistance provided to
respond to, or that results from, a stranding
event or an entanglement event that--
``(I) the applicable Secretary
considers to be an emergency; or
``(II) with the concurrence of the
applicable Secretary, a State,
territorial, or Tribal Government
considers to be an emergency.
``(B) Exclusions.--The term `emergency assistance'
does not include financial assistance to respond to an
unusual mortality event.
``(2) Secretary.--The term `Secretary' has the meaning
given that term in section 3(12)(A).
``(3) Stranding region.--The term `stranding region' means
a geographic region designated by the applicable Secretary for
purposes of administration of this title.
``(b) John H. Prescott Marine Mammal Rescue and Response Grant
Program.--
``(1) In general.--The applicable Secretary shall carry out
a grant program, to be known as the `John H. Prescott Marine
Mammal Rescue and Response Grant Program' (referred to in this
section as the `grant program'), to award grants to eligible
stranding network participants or stranding network
collaborators, as described in this subsection.
``(2) Purposes.--The purposes of the grant program are to
provide for--
``(A) the recovery, care, or treatment of sick,
injured, or entangled marine mammals;
``(B) responses to marine mammal stranding events
that require emergency assistance;
``(C) the collection of data and samples from
living or dead stranded marine mammals for scientific
research or assessments regarding marine mammal health;
``(D) facility operating costs that are directly
related to activities described in subparagraph (A),
(B), or (C); and
``(E) development of stranding network capacity,
including training for emergency response, where
facilities do not exist or are sparse.
``(3) Contract, grant, and cooperative agreement
authority.--
``(A) In general.--The applicable Secretary may
enter into a contract, grant, or cooperative agreement
with any eligible stranding network participant or
stranding network collaborator, as the Secretary
determines to be appropriate, for the purposes
described in paragraph (2).
``(B) Emergency award flexibility.--Following a
request for emergency award flexibility and analysis of
the merits of and necessity for such a request, the
applicable Secretary may--
``(i) amend any contract, grant, or
cooperative agreement entered into under this
paragraph, including provisions concerning the
period of performance; or
``(ii) waive the requirements under
subsection (f) for grant applications submitted
during the provision of emergency assistance.
``(4) Equitable distribution of funds.--
``(A) In general.--The Secretary shall ensure, to
the extent practicable, that funds awarded under the
grant program are distributed equitably among the
stranding regions.
``(B) Considerations.--In determining priorities
among the stranding regions under this paragraph, the
Secretary may consider--
``(i) equitable distribution within the
stranding regions, including the subregions
(including, but not limited to, the Gulf of
Mexico);
``(ii) any episodic stranding,
entanglement, or mortality events, except for
unusual mortality events, that occurred in any
stranding region in the preceding year;
``(iii) any data with respect to average
annual stranding, entanglements, and mortality
events per stranding region;
``(iv) the size of the marine mammal
populations inhabiting a stranding region;
``(v) the importance of the region's marine
mammal populations to the well-being of
indigenous communities; and
``(vi) the conservation of protected,
depleted, threatened, or endangered marine
mammal species.
``(C) Strandings.--For the purposes of this
program, priority is to be given to applications
focusing on marine mammal strandings.
``(5) Application.--To be eligible for a grant under the
grant program, a stranding network participant shall--
``(A) submit an application in such form and manner
as the applicable Secretary prescribes; and
``(B) be in compliance with the data reporting
requirements under section 402(d) and any applicable
reporting requirements of the United States Fish and
Wildlife Service for species under its management
jurisdiction.
``(6) Grant criteria.--The Secretary shall, in consultation
with the Marine Mammal Commission, a representative from each
of the stranding regions, and other individuals who represent
public and private organizations that are actively involved in
rescue, rehabilitation, release, scientific research, marine
conservation, and forensic science with respect to stranded
marine mammals under that Department's jurisdiction, develop
criteria for awarding grants under their respective grant
programs.
``(7) Maximum grant amount.--No grant made under the grant
program for a single award may exceed $150,000 in any 12-month
period.
``(8) Administrative costs and expenses.--The Secretary's
administrative costs and expenses related to reviewing and
awarding grants under the grant program, in any fiscal year may
not exceed the greater of--
``(A) 6 percent of the amounts made available each
fiscal year to carry out the grant program; or
``(B) $80,000.
``(9) Transparency.--The Secretary shall make publicly
available a list of grant proposals for the upcoming fiscal
year, funded grants, and requests for grant flexibility under
this subsection.
``(c) Joseph R. Geraci Marine Mammal Rescue and Rapid Response
Fund.--
``(1) In general.--There is established in the Treasury of
the United States an interest-bearing fund, to be known as the
`Joseph R. Geraci Marine Mammal Rescue and Rapid Response Fund'
(referred to in this section as the `Rapid Response Fund').
``(2) Use of funds.--Amounts in the Rapid Response Fund
shall be available only for use by the Secretary to provide
emergency assistance.
``(d) Authorization of Appropriations.--
``(1) In general.--
``(A) Authorization of appropriations.--There is
authorized to be appropriated to carry out the grant
program $7,000,000 for each of fiscal years 2023
through 2028, to remain available until expended, of
which for each fiscal year--
``(i) $6,000,000 shall be made available to
the Secretary of Commerce; and
``(ii) $1,000,000 shall be made available
to the Secretary of the Interior.
``(B) Derivation of funds.--Funds to carry out the
activities under this section shall be derived from
amounts authorized to be appropriated pursuant to
subparagraph (A) that are enacted after the date of
enactment of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023.
``(2) Joseph r. geraci marine mammal rescue and rapid
response fund.--There is authorized to be appropriated to the
Rapid Response Fund $500,000 for each of fiscal years 2023
through 2028.
``(e) Acceptance of Donations.--
``(1) In general.--For the purposes of carrying out this
section, the Secretary may solicit, accept, receive, hold,
administer, and use gifts, devises, and bequests without any
further approval or administrative action.
``(2) Monetary donations.--A monetary gift, devise, or
bequest accepted by the Secretary under paragraph (1) shall be
credited as discretionary offsetting collections to the
currently applicable appropriation, account, or fund of the
Department of Commerce and shall be made available for such
purposes only to the extent and in the amounts provided in
advance in appropriations Acts.''.
(b) Technical Edits.--Section 408 of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1421f-1), as amended by subsection (a), is
further amended in subsection (f), as redesignated by subsection
(a)(3)--
(1) in paragraph (1)--
(A) by striking ``the costs of an activity
conducted with a grant under this section shall be''
and inserting ``a project conducted with funds awarded
under the grant program under this section shall be not
less than''; and
(B) by striking ``such costs'' and inserting ``such
project''; and
(2) in paragraph (2)--
(A) by striking ``an activity'' and inserting ``a
project''; and
(B) by striking ``the activity'' and inserting
``the project''.
(c) Table of Contents Amendment.--The table of contents in the
first section of the Marine Mammal Protection Act of 1972 (Public Law
92-522; 86 Stat. 1027) (as amended by section 5503(b)) is amended by
striking the item related to section 408 and inserting the following:
``Sec. 408. Marine Mammal Rescue and Response Grant Program and Rapid
Response Fund.''.
SEC. 10407. HEALTH MAP.
(a) In General.--Title IV of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1421 et seq.) is amended by inserting after section 408
the following:
``SEC. 408A. MARINE MAMMAL HEALTH MONITORING AND ANALYSIS PLATFORM
(HEALTH MAP).
``(a) In General.--Not later than 1 year after the date of
enactment of the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023, the Secretary, acting through the Administrator of
the National Oceanic and Atmospheric Administration, in consultation
with the Secretary of the Interior and the Marine Mammal Commission,
shall--
``(1) establish a marine mammal health monitoring and
analysis platform (referred to in this Act as the `Health
MAP');
``(2) incorporate the Health MAP into the Observation
System; and
``(3) make the Health MAP--
``(A) publicly accessible through the web portal of
the Observation System; and
``(B) interoperable with other national data
systems or other data systems for management or
research purposes, as practicable.
``(b) Purposes.--The purposes of the Health MAP are--
``(1) to promote--
``(A) interdisciplinary research among individuals
with knowledge and experience in marine mammal science,
marine mammal veterinary and husbandry practices,
medical science, and oceanography, and with other
marine scientists;
``(B) timely and sustained dissemination and
availability of marine mammal health, stranding,
entanglement, and mortality data;
``(C) identification of spatial and temporal
patterns of marine mammal mortality, disease, and
stranding;
``(D) evaluation of marine mammal health in terms
of mortality, as well as sublethal marine mammal health
impacts;
``(E) improved collaboration and forecasting of
marine mammal and larger ecosystem health events;
``(F) rapid communication and dissemination of
information regarding marine mammal strandings that may
have implications for human health, such as those
caused by harmful algal blooms; and
``(G) increased accessibility of data in a user
friendly visual interface for public education and
outreach; and
``(2) to contribute to an ocean health index that
incorporates marine mammal health data.
``(c) Requirements.--The Health MAP shall--
``(1) integrate in situ, remote, and other marine mammal
health, stranding, and mortality data, including visualizations
and metadata, collected by marine mammal stranding networks,
Federal, State, local, and Tribal governments, private
partners, and academia; and
``(2) be designed--
``(A) to enhance data and information availability,
including data sharing among stranding network
participants, scientists, and the public within and
across stranding network regions;
``(B) to facilitate data and information access
across scientific disciplines, scientists, and
managers;
``(C) to facilitate public access to national and
regional marine mammal health, stranding, entanglement,
and mortality data, including visualizations and
metadata, through the national and regional data
portals of the Observation System; and
``(D) in collaboration with, and with input from,
States and stranding network participants.
``(d) Procedures and Guidelines.--The Secretary shall establish and
implement policies, protocols, and standards for--
``(1) reporting marine mammal health data collected by
stranding networks consistent with subsections (c) and (d) of
section 402;
``(2) promptly transmitting health data from the stranding
networks and other appropriate data providers to the Health
MAP;
``(3) disseminating and making publicly available data on
marine mammal health, stranding, entanglement, and mortality
data in a timely and sustained manner; and
``(4) integrating additional marine mammal health,
stranding, or other relevant data as the Secretary determines
appropriate.
``(e) Consultation.--The Administrator of the National Oceanic and
Atmospheric Administration shall maintain and update the Health MAP in
consultation with the Secretary of the Interior and the Marine Mammal
Commission.
``(f) Acceptance of Donations.--
``(1) In general.--For the purposes of carrying out this
section, the Secretary may solicit, accept, receive, hold,
administer, and use gifts, devises, and bequests without any
further approval or administrative action.
``(2) Monetary donations.--A monetary gift, devise, or
bequest accepted by the Secretary under paragraph (1) shall be
credited as discretionary offsetting collections to the
currently applicable appropriation, account, or fund of the
Department of Commerce and shall be made available for such
purposes only to the extent and in the amounts provided in
advance in appropriations Acts.''.
(b) Table of Contents Amendment.--The table of contents in the
first section of the Marine Mammal Protection Act of 1972 (Public Law
92-522; 86 Stat. 1027) (as amended by section 5507(b)) is amended by
inserting after the item related to section 408 the following:
``Sec. 408A. Marine Mammal Health Monitoring and Analysis Platform
(Health MAP).''.
SEC. 10408. REPORTS TO CONGRESS.
(a) In General.--Title IV of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1421 et seq.) (as amended by section 5508(a)) is
amended by inserting after section 408A the following:
``SEC. 408B. REPORTS TO CONGRESS.
``(a) Definition of Appropriate Committees of Congress.--In this
section, the term `appropriate committees of Congress' means--
``(1) the Committee on Commerce, Science, and
Transportation of the Senate;
``(2) the Committee on Environment and Public Works of the
Senate;
``(3) the Committee on Natural Resources of the House of
Representatives; and
``(4) the Committee on Science, Space, and Technology of
the House of Representatives.
``(b) Health MAP Status Report.--
``(1) In general.--Not later than 2 years after the date of
enactment of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023, the Administrator of the National
Oceanic and Atmospheric Administration, in consultation with
the Marine Mammal Commission, the Secretary of the Interior,
and the National Ocean Research Leadership Council, shall
submit to the appropriate committees of Congress a report
describing the status of the Health MAP.
``(2) Requirements.--The report under paragraph (1) shall
include--
``(A) a detailed evaluation of the data made
publicly available through the Health MAP;
``(B) a detailed list of any gaps in data collected
pursuant to the Health MAP, a description of the
reasons for those gaps, and recommended actions to
close those gaps;
``(C) an analysis of the effectiveness of using the
website of the Observation System as the platform to
collect, organize, visualize, archive, and disseminate
marine mammal stranding and health data;
``(D) a list of publications, presentations, or
other relevant work product resulting from, or produced
in collaboration with, the Health MAP;
``(E) a description of emerging marine mammal
health concerns and the applicability of those concerns
to human health;
``(F) an analysis of the feasibility of the
Observation System being used as an alert system during
stranding events, entanglement events, and unusual
mortality events for the stranding network, Observation
System partners, Health MAP partners, Federal and State
agencies, and local and Tribal governments;
``(G) an evaluation of the use of Health MAP data
to predict broader ecosystem events and changes that
may impact marine mammal or human health and specific
examples of proven or potential uses of Observation
System data for those purposes; and
``(H) recommendations for the Health MAP with
respect to--
``(i) filling any identified data gaps;
``(ii) standards that could be used to
improve data quality, accessibility,
transmission, interoperability, and sharing;
``(iii) any other strategies that would
contribute to the effectiveness and usefulness
of the Health MAP; and
``(iv) the funding levels needed to
maintain and improve the Health MAP.
``(c) Data Gap Analysis.--
``(1) In general.--Not later than 5 years after the date on
which the report required under subsection (b)(1) is submitted,
and every 10 years thereafter, the Administrator of the
National Oceanic and Atmospheric Administration, in
consultation with the Marine Mammal Commission and the Director
of the United States Fish and Wildlife Service, shall--
``(A) make publicly available a report on the data
gap analysis described in paragraph (2); and
``(B) provide a briefing to the appropriate
committees of Congress concerning that data gap
analysis.
``(2) Requirements.--The data gap analysis under paragraph
(1) shall include--
``(A) an overview of existing participants within a
marine mammal stranding network;
``(B) an identification of coverage needs and
participant gaps within a network;
``(C) an identification of data and reporting gaps
from members of a network; and
``(D) an analysis of how stranding and health data
are shared and made available to scientists, academics,
State, local, and Tribal governments, and the public.
``(d) Marine Mammal Response Capabilities in the Arctic.--
``(1) In general.--Not later than 1 year after the date of
enactment of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023, the Administrator of the National
Oceanic and Atmospheric Administration, the Director of the
United States Fish and Wildlife Service, and the Director of
the United States Geologic Survey, in consultation with the
Marine Mammal Commission, shall--
``(A) make publicly available a report describing
the response capabilities for sick and injured marine
mammals in the Arctic regions of the United States; and
``(B) provide a briefing to the appropriate
committees of Congress on that report.
``(2) Arctic.--The term `Arctic' has the meaning given the
term in section 112 of the Arctic Research and Policy Act of
1984 (15 U.S.C. 4111).
``(3) Requirements.--The report under paragraph (1) shall
include--
``(A) a description, developed in consultation with
the Fish and Wildlife Service of the Department of the
Interior, of all marine mammal stranding agreements in
place for the Arctic region of the United States,
including species covered, response capabilities,
facilities and equipment, and data collection and
analysis capabilities;
``(B) a list of State and local government agencies
that have personnel trained to respond to marine mammal
strandings in the Arctic region of the United States;
``(C) an assessment of potential response and data
collection partners and sources of local information
and knowledge, including Alaska Native people and
villages;
``(D) an analysis of spatial and temporal trends in
marine mammal strandings and unusual mortality events
that are correlated with changing environmental
conditions in the Arctic region of the United States;
``(E) a description of training and other resource
needs to meet emerging response requirements in the
Arctic region of the United States;
``(F) an analysis of oiled marine mammal response
and rehabilitation capabilities in the Arctic region of
the United States, including personnel, equipment,
facilities, training, and husbandry capabilities, and
an assessment of factors that affect response and
rehabilitation success rates; and
``(G) recommendations to address future stranding
response needs for marine mammals in the Arctic region
of the United States.''.
(b) Table of Contents Amendment.--The table of contents in the
first section of the Marine Mammal Protection Act of 1972 (Public Law
92-522; 86 Stat. 1027) (as amended by section 5508(b)) is amended by
inserting after the item related to section 408A the following:
``Sec. 408B. Reports to Congress.''.
SEC. 10409. AUTHORIZATION OF APPROPRIATIONS.
Section 409 of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1421g) is amended--
(1) in paragraph (1), by striking ``1993 and 1994;'' and
inserting ``2023 through 2028;'';
(2) in paragraph (2), by striking ``1993 and 1994;'' and
inserting ``2023 through 2028;''; and
(3) in paragraph (3), by striking ``fiscal year 1993.'' and
inserting ``for each of fiscal years 2023 through 2028.''.
SEC. 10410. DEFINITIONS.
Section 410 of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1421h) is amended--
(1) by redesignating paragraphs (1) through (6) as
paragraphs (2), (5), (6), (7), (8), and (9), respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) The term `entangle' or `entanglement' means an event
in the wild in which a living or dead marine mammal has gear,
rope, line, net, or other material wrapped around or attached
to the marine mammal and is--
``(A) on lands under the jurisdiction of the United
States, including beaches and shorelines; or
``(B) in waters under the jurisdiction of the
United States, including any navigable waters.'';
(3) in paragraph (2) (as so redesignated) by striking ``The
term'' and inserting ``Except as used in section 408, the
term'';
(4) by inserting after paragraph (2) (as so redesignated)
the following:
``(3) The term `Health MAP' means the Marine Mammal Health
Monitoring and Analysis Platform established under section
408A(a)(1).
``(4) The term `Observation System' means the National
Integrated Coastal and Ocean Observation System established
under section 12304 of the Integrated Coastal and Ocean
Observation System Act of 2009 (33 U.S.C. 3603).''.
SEC. 10411. STUDY ON MARINE MAMMAL MORTALITY.
(a) In General.--Not later than 12 months after the date of
enactment of this Act, the Undersecretary of Commerce for Oceans and
Atmosphere shall, in consultation with the Secretary of the Interior
and the Marine Mammal Commission, conduct a study evaluating the
connections among marine heat waves, frequency and intensity of harmful
algal blooms, prey availability, and habitat degradation, and the
impacts of these conditions on marine mammal mortality.
(b) Report.--The Undersecretary of Commerce for Oceans and
Atmosphere, in consultation with the Secretary of the Interior and the
Marine Mammal Commission, shall prepare, post to a publicly available
website, and brief the appropriate committees of Congress on, a report
containing the results of the study described in subsection (a). The
report shall identify priority research activities, opportunities for
collaboration, and current gaps in effort and resource limitations
related to advancing scientific understanding of how ocean heat waves,
harmful algae blooms, availability of prey, and habitat degradation
impact marine mammal mortality. The report shall include
recommendations for policies needed to mitigate and respond to
mortality events.
TITLE CV--VOLCANIC ASH AND FUMES
SEC. 10501. MODIFICATIONS TO NATIONAL VOLCANO EARLY WARNING AND
MONITORING SYSTEM.
(a) Definitions.--Subsection (a) of section 5001 of the John D.
Dingell, Jr. Conservation, Management, and Recreation Act (43 U.S.C.
31k) is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following:
``(2) Secretary of commerce.--The term `Secretary of
Commerce' means the Secretary of Commerce, acting through the
Under Secretary of Commerce for Oceans and Atmosphere.''; and
(3) by adding at the end the following:
``(4) Volcanic ash advisory center.--The term `Volcanic Ash
Advisory Center' means an entity designated by the
International Civil Aviation Organization that is responsible
for informing aviation interests about the presence of volcanic
ash in the airspace.''.
(b) Purposes.--Subsection (b)(1)(B) of such section is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) to strengthen the warning and
monitoring systems of volcano observatories in
the United States by integrating relevant
capacities of the National Oceanic and
Atmospheric Administration, including with the
Volcanic Ash Advisory Centers located in
Anchorage, Alaska, and Washington, D.C., to
observe and model emissions of gases, aerosols,
and ash, atmospheric dynamics and chemistry,
and ocean chemistry resulting from volcanic
eruptions.''.
(c) System Components.--Subsection (b)(2) of such section is
amended--
(1) in subparagraph (B)--
(A) by striking ``and'' before ``spectrometry'';
and
(B) by inserting ``, and unoccupied aerial
vehicles'' after ``emissions''; and
(2) by adding at the end the following:
``(C) Memorandum of understanding.--The Secretary
and the Secretary of Commerce shall develop and execute
a memorandum of understanding to establish cooperative
support for the activities of the System from the
National Oceanic and Atmospheric Administration,
including environmental observations, modeling, and
temporary duty assignments of personnel to support
emergency activities, as necessary or appropriate.''.
(d) Management.--Subsection (b)(3) of such section is amended--
(1) in subparagraph (A), by adding at the end the
following:
``(iii) Update.--
``(I) National oceanic and
atmospheric administration cost
estimates.--The Secretary of Commerce
shall submit to the Secretary annual
cost estimates for modernization
activities and support of the System
for the National Oceanic and
Atmospheric Administration.
``(II) Update of management plan.--
The Secretary shall update the
management plan submitted under clause
(i) to include the cost estimates
submitted under subclause (I).''; and
(2) by adding at the end the following:
``(E) Collaboration.--The Secretary of Commerce
shall collaborate with the Secretary to implement
activities carried out under this section related to
the expertise of the National Oceanic and Atmospheric
Administration, including observations and modeling of
emissions of gases, aerosols, and ash, atmospheric
dynamics and chemistry, and ocean chemistry resulting
from volcanic eruptions.''.
(e) Funding.--Subsection (c) of such section is amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by inserting ``,
united states geological survey'' after
``appropriations''; and
(B) by inserting ``to the United States Geological
Survey'' after ``appropriated'';.
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Authorization of appropriations, national oceanic and
atmospheric administration.--There is authorized to be
appropriated to the National Oceanic and Atmospheric
Administration to carry out this section such sums as may be
necessary for the period of fiscal years 2023 through 2024.'';
and
(4) in paragraph (3), as redesignated by paragraph (2)--
(A) by striking ``United States Geological
Survey''; and
(B) by inserting ``of the United States Geological
Survey and the National Oceanic and Atmospheric
Administration'' after ``programs''.
(f) Implementation Plan.--
(1) Development of plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Commerce,
in consultation with the Secretary of the Interior, shall
develop a plan to implement the amendments made by this Act
during the 5-year period beginning on the date on which the
plan is developed.
(2) Elements.--The plan developed under paragraph (1) shall
include an estimate of the cost and schedule required for the
implementation described in such paragraph.
(3) Public availability.--Upon completion of the plan
developed under paragraph (1), the Secretary of Commerce shall
make the plan publicly available.
TITLE CVI--LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS
SEC. 10601. LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS.
(a) Definitions.--In this section:
(1) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
(2) Administrator.--The term ``Administrator'' means the
Under Secretary of Commerce for Oceans and Atmosphere and
Administrator of the National Oceanic and Atmospheric
Administration.
(3) Earth prediction innovation center.--The term ``Earth
Prediction Innovation Center'' means the community global
weather research modeling system described in paragraph (5)(E)
of section 102(b) of the Weather Research Forecasting and
Innovation Act of 2017 (15 U.S.C. 8512(b)), as redesignated by
this section.
(4) Model.--The term ``model'' means any vetted numerical
model and associated data assimilation of the Earth's system or
its components--
(A) developed, in whole or in part, by scientists
and engineers employed by the Administration; or
(B) otherwise developed, in whole or in part, using
Federal funds.
(5) Open license.--The term ``open license'' has the same
meaning given such term in section 3502(21) of title 44, United
States Code.
(6) Operational model.--The term ``operational model''
means any model that has an output used by the Administration
for operational functions.
(7) Suitable model.--The term ``suitable model'' means a
model that meets the requirements described in paragraph
(5)(E)(ii) of section 102(b) of the Weather Research
Forecasting and Innovation Act of 2017 (15 U.S.C. 8512(b)), as
redesignated by this title, as determined by the Administrator.
(b) Purposes.--The purposes of this section are--
(1) to support innovation in modeling by allowing
interested stakeholders to have easy and complete access to
operational model codes and to other models, as the
Administrator determines appropriate; and
(2) to use vetted innovations arising from access described
in paragraph (1) to improve modeling by the Administration.
(c) Plan and Implementation of Plan To Make Certain Models and Data
Available to the Public.--
(1) In general.--The Administrator shall develop and
implement a plan to make available to the public, at no cost
and with no restrictions on copying, publishing, distributing,
citing, adapting, or otherwise using under an open license, the
following:
(A) Operational models developed by the
Administration.
(B) Models that are not operational models,
including experimental and developmental models, as the
Administrator determines appropriate.
(C) Applicable information and documentation for
models described in subparagraphs (A) and (B),
including a description of intended model outputs.
(D) Subject to subsection (f), all data owned by
the Federal Government and data that the Administrator
has the legal right to redistribute that are associated
with models made available to the public pursuant to
the plan and used in operational forecasting by the
Administration, including--
(i) relevant metadata; and
(ii) data used for operational models used
by the Administration as of the date of the
enactment of this Act.
(2) Accommodations.--In developing and implementing the
plan under paragraph (1), the Administrator may make such
accommodations as the Administrator considers appropriate to
ensure that the public release of any model, information,
documentation, or data pursuant to the plan do not jeopardize--
(A) national security;
(B) intellectual property or redistribution rights,
including under titles 17 and 35, United States Code;
(C) any trade secret or commercial or financial
information subject to section 552(b)(4) of title 5,
United States Code;
(D) any models or data that are otherwise
restricted by contract or other written agreement; or
(E) the mission of the Administration to protect
lives and property.
(3) Priority.--In developing and implementing the plan
under paragraph (1), the Administrator shall prioritize making
available to the public the models described in paragraph
(1)(A).
(4) Protections for privacy and statistical information.--
In developing and implementing the plan under subsection (a),
the Administrator shall ensure that all requirements
incorporated into any models described in paragraph (1)(A)
ensure compliance with statistical laws and other relevant data
protection requirements, including the protection of any
personally identifiable information.
(5) Exclusion of certain models.--In developing and
implementing the plan under paragraph (1), the Administrator
may exclude models that the Administrator determines will be
retired or superseded in fewer than 5 years after the date of
the enactment of this Act.
(6) Platforms.--In carrying out paragraphs (1) and (2), the
Administrator may use government servers, contracts or
agreements with a private vendor, or any other platform
consistent with the purpose of this title.
(7) Support program.--The Administrator shall plan for and
establish a program to support infrastructure, including
telecommunications and technology infrastructure of the
Administration and the platforms described in paragraph (6),
relevant to making operational models and data available to the
public pursuant to the plan under subsection (a).
(8) Technical correction.--Section 102(b) of the Weather
Research Forecasting and Innovation Act of 2017 (15 U.S.C.
8512(b)) is amended by redesignating the second paragraph (4)
(as added by section 4(a) of the National Integrated Drought
Information System Reauthorization Act of 2018 (Public Law 115-
423; 132 Stat. 5456)) as paragraph (5).
(d) Requirement To Review Models and Leverage Innovations.--The
Administrator shall--
(1) consistent with the mission of the Earth Prediction
Innovation Center, periodically review innovations and
improvements made by persons not employed by the Administration
as Federal employees to the operational models made available
to the public pursuant to the plan under subsection (c)(1) in
order to improve the accuracy and timeliness of forecasts of
the Administration; and
(2) if the Administrator identifies an innovation for a
suitable model, develop and implement a plan to use the
innovation to improve the model.
(e) Report on Implementation.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Administrator shall submit to
the appropriate congressional committees a report on the
implementation of this section that includes a description of--
(A) the implementation of the plan required by
subsection (c);
(B) the process of the Administration under
subsection (d)--
(i) for engaging with interested
stakeholders to learn what innovations those
stakeholders have found;
(ii) for reviewing those innovations; and
(iii) for operationalizing innovations to
improve suitable models; and
(C) the use of any Federal financial assistance,
including under section 24 of the Stevenson-Wydler
Technology Innovation Act of 1990 (15 U.S.C. 3719) or
the Crowdsourcing and Citizen Science Act (15 U.S.C.
3724), in order to facilitate and incentivize the
sharing of externally developed improvements for
testing, evaluation, validation, and application to
further improve the mission of the Administration, and
any other Administration priorities.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of
the Senate; and
(B) the Committee on Science, Space, and Technology
and the Committee on Appropriations of the House of
Representatives.
(f) Protection of National Security Interests.--
(1) In general.--Notwithstanding any other provision of
this section, for models developed in whole or in part with the
Department of Defense, the Administrator, in consultation with
the Secretary of Defense, as appropriate, shall withhold any
model or data if the Administrator or the Secretary of Defense
determines doing so to be necessary to protect the national
security interests of the United States.
(2) Rule of construction.--Nothing in this section shall be
construed to supersede any other provision of law governing the
protection of the national security interests of the United
States.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2023 through 2027.
DIVISION K--DON YOUNG COAST GUARD AUTHORIZATION ACT OF 2022
SEC. 11001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Don Young
Coast Guard Authorization Act of 2022''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 11001. Short title; table of contents.
Sec. 11002. Definitions.
Sec. 11003. Rule of construction.
TITLE CXI--AUTHORIZATIONS
Sec. 11101. Authorization of appropriations.
Sec. 11102. Authorized levels of military strength and training.
Sec. 11103. Authorization for certain programs and services.
Sec. 11104. Availability of amounts for acquisition of additional
vessels.
Sec. 11105. Shoreside infrastructure and facilities.
Sec. 11106. Coast Guard yard resilient infrastructure and construction
improvement.
TITLE CXII--COAST GUARD
Subtitle A--Infrastructure and Assets
Sec. 11201. Report on shoreside infrastructure and facilities projects.
Sec. 11202. Report and briefing on resourcing strategy for Western
Pacific region.
Sec. 11203. Study and report on national security and drug trafficking
threats in Florida Straits, Cuba, and
Caribbean region.
Sec. 11204. Coast Guard Yard.
Sec. 11205. Authority to enter into transactions other than contracts
and grants to procure cost-effective
technology for mission needs.
Sec. 11206. Improvements to infrastructure and operations planning.
Sec. 11207. Aqua alert notification system pilot program.
Sec. 11208. Pilot project for enhancing Coast Guard cutter readiness
through condition-based maintenance.
Sec. 11209. Study on laydown of Coast Guard Cutters.
Sec. 11210. Acquisition life-cycle cost estimates.
Sec. 11211. Disposition of infrastructure related to E-LORAN.
Subtitle B--Great Lakes
Sec. 11212. Great Lakes winter commerce.
Sec. 11213. Database on icebreaking operations in Great Lakes.
Sec. 11214. Center of expertise for Great Lakes oil spill search and
response.
Sec. 11215. Great Lakes snowmobile acquisition plan.
Sec. 11216. Great Lakes barge inspection exemption.
Sec. 11217. Study on sufficiency of Coast Guard aviation assets to meet
mission demands.
Subtitle C--Arctic
Sec. 11218. Establishment of medium icebreaker program office.
Sec. 11219. Arctic activities.
Sec. 11220. Study on Arctic operations and infrastructure.
Sec. 11221. Pribilof Island transition completion actions.
Sec. 11222. Report on shipyards of Finland and Sweden.
Sec. 11223. Acquisition of icebreaker.
Subtitle D--Maritime Cyber and Artificial Intelligence
Sec. 11224. Enhancing maritime cybersecurity.
Sec. 11225. Establishment of unmanned system program and autonomous
control and computer vision technology
project.
Sec. 11226. Artificial intelligence strategy.
Sec. 11227. Review of artificial intelligence applications and
establishment of performance metrics.
Sec. 11228. Cyber data management.
Sec. 11229. Data management.
Sec. 11230. Study on cyber threats to United States marine
transportation system.
Subtitle E--Aviation
Sec. 11231. Space-available travel on Coast Guard aircraft: program
authorization and eligible recipients.
Sec. 11232. Report on Coast Guard Air Station Barbers Point hangar.
Sec. 11233. Study on operational availability of Coast Guard aircraft
and strategy for Coast Guard Aviation.
Subtitle F--Workforce Readiness
Sec. 11234. Authorized strength.
Sec. 11235. Continuation of officers with certain critical skills on
active duty.
Sec. 11236. Number and distribution of officers on active duty
promotion list.
Sec. 11237. Career incentive pay for marine inspectors.
Sec. 11238. Expansion of ability for selection board to recommend
officers of particular merit for promotion.
Sec. 11239. Modification to education loan repayment program.
Sec. 11240. Retirement of Vice Commandant.
Sec. 11241. Report on resignation and retirement processing times and
denial.
Sec. 11242. Calculation of active service.
Sec. 11243. Physical Disability Evaluation System procedure review.
Sec. 11244. Expansion of authority for multirater assessments of
certain personnel.
Sec. 11245. Promotion parity.
Sec. 11246. Partnership program to diversify Coast Guard.
Sec. 11247. Expansion of Coast Guard Junior Reserve Officers' Training
Corps.
Sec. 11248. Improving representation of women and racial and ethnic
minorities among Coast Guard active-duty
members.
Sec. 11249. Strategy to enhance diversity through recruitment and
accession.
Sec. 11250. Support for Coast Guard Academy.
Sec. 11251. Training for congressional affairs personnel.
Sec. 11252. Strategy for retention of cuttermen.
Sec. 11253. Study on performance of Coast Guard Force Readiness
Command.
Sec. 11254. Study on frequency of weapons training for Coast Guard
personnel.
Subtitle G--Miscellaneous Provisions
Sec. 11255. Modification of prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
Sec. 11256. Budgeting of Coast Guard relating to certain operations.
Sec. 11257. Report on San Diego maritime domain awareness.
Sec. 11258. Conveyance of Coast Guard vessels for public purposes.
Sec. 11259. National Coast Guard Museum funding plan.
Sec. 11260. Report on Coast Guard explosive ordnance disposal.
Sec. 11261. Transfer and conveyance.
Sec. 11262. Transparency and oversight.
Sec. 11263. Study on safety inspection program for containers and
facilities.
Sec. 11264. Operational data sharing capability.
Sec. 11265. Feasibility study on construction of Coast Guard station at
Port Mansfield.
Sec. 11266. Procurement of tethered aerostat radar system for Coast
Guard Station South Padre Island.
Sec. 11267. Prohibition on major acquisition contracts with entities
associated with Chinese Communist Party.
Sec. 11268. Review of drug interdiction equipment and standards;
testing for fentanyl during interdiction
operations.
Sec. 11269. Public availability of information on monthly migrant
interdictions.
Sec. 11270. Cargo waiting time reduction.
Sec. 11271. Study on Coast Guard oversight and investigations.
Subtitle H--Sexual Assault and Sexual Harassment Response and
Prevention
Sec. 11272. Administration of sexual assault forensic examination kits.
Sec. 11273. Policy on requests for permanent changes of station or unit
transfers by persons who report being the
victim of sexual assault.
Sec. 11274. Sex offenses and personnel records.
Sec. 11275. Study on Special Victims' Counsel program.
TITLE CXIII--ENVIRONMENT
Subtitle A--Marine Mammals
Sec. 11301. Definitions.
Sec. 11302. Assistance to ports to reduce impacts of vessel traffic and
port operations on marine mammals.
Sec. 11303. Near real-time monitoring and mitigation program for large
cetaceans.
Sec. 11304. Pilot program to establish a Cetacean Desk for Puget Sound
region.
Sec. 11305. Monitoring ocean soundscapes.
Subtitle B--Oil Spills
Sec. 11306. Report on changing salvors.
Sec. 11307. Limited indemnity provisions in standby oil spill response
contracts.
Sec. 11308. Improving oil spill preparedness.
Sec. 11309. Western Alaska oil spill planning criteria.
Sec. 11310. Coast Guard claims processing costs.
Sec. 11311. Calculation of interest on debt owed to national pollution
fund.
Sec. 11312. Per-incident limitation.
Sec. 11313. Access to Oil Spill Liability Trust Fund.
Sec. 11314. Cost-reimbursable agreements.
Sec. 11315. Oil spill response review.
Sec. 11316. Additional exceptions to regulations for towing vessels.
Sec. 11317. Port Coordination Council for Point Spencer.
Subtitle C--Environmental Compliance
Sec. 11318. Providing requirements for vessels anchored in established
anchorage grounds.
Sec. 11319. Study on impacts on shipping and commercial, Tribal, and
recreational fisheries from development of
renewable energy on West Coast.
Sec. 11320. Use of devices broadcasting on AIS for purposes of marking
fishing gear.
Subtitle D--Environmental Issues
Sec. 11321. Notification of communication outages.
Sec. 11322. Improvements to communication with fishing industry and
related stakeholders.
Sec. 11323. Advance notification of military or other exercises.
Sec. 11324. Modifications to Sport Fish Restoration and Boating Trust
Fund administration.
Sec. 11325. Load lines.
Sec. 11326. Actions by National Marine Fisheries Service to increase
energy production.
Sec. 11327. Aquatic Nuisance Species Task Force.
Sec. 11328. Safety standards.
Subtitle E--Illegal Fishing and Forced Labor Prevention
Sec. 11329. Definitions.
Chapter 1--Combating Human Trafficking Through Seafood Import
Monitoring
Sec. 11330. Enhancement of Seafood Import Monitoring Program Message
Set in Automated Commercial Environment
system.
Sec. 11331. Data sharing and aggregation.
Sec. 11332. Import audits.
Sec. 11333. Availability of fisheries information.
Sec. 11334. Report on Seafood Import Monitoring Program.
Sec. 11335. Authorization of appropriations.
Chapter 2--Strengthening International Fisheries Management To Combat
Human Trafficking
Sec. 11336. Denial of port privileges.
Sec. 11337. Identification and certification criteria.
Sec. 11338. Equivalent conservation measures.
Sec. 11339. Capacity building in foreign fisheries.
Sec. 11340. Training of United States observers.
Sec. 11341. Regulations.
TITLE CXIV--SUPPORT FOR COAST GUARD WORKFORCE
Subtitle A--Support for Coast Guard Members and Families
Sec. 11401. Coast Guard child care improvements.
Sec. 11402. Armed Forces access to Coast Guard child development
services.
Sec. 11403. Cadet pregnancy policy improvements.
Sec. 11404. Combat-related special compensation.
Sec. 11405. Study on food security.
Subtitle B--Healthcare
Sec. 11406. Development of medical staffing standards for Coast Guard.
Sec. 11407. Healthcare system review and strategic plan.
Sec. 11408. Data collection and access to care.
Sec. 11409. Behavioral health policy.
Sec. 11410. Members asserting post-traumatic stress disorder or
traumatic brain injury.
Sec. 11411. Improvements to Physical Disability Evaluation System and
transition program.
Sec. 11412. Expansion of access to counseling.
Sec. 11413. Expansion of postgraduate opportunities for members of
Coast Guard in medical and related fields.
Sec. 11414. Study on Coast Guard medical facilities needs.
Sec. 11415. Study on Coast Guard telemedicine program.
Subtitle C--Housing
Sec. 11416. Study on Coast Guard housing access, cost, and challenges.
Sec. 11417. Audit of certain military housing conditions of enlisted
members of Coast Guard in Key West,
Florida.
Sec. 11418. Study on Coast Guard housing authorities and privatized
housing.
Sec. 11419. Strategy to improve quality of life at remote units.
Subtitle D--Other Matters
Sec. 11420. Report on availability of emergency supplies for Coast
Guard personnel.
Sec. 11421. Fleet mix analysis and shore infrastructure investment
plan.
TITLE CXV--MARITIME
Subtitle A--Vessel Safety
Sec. 11501. Responses to safety recommendations.
Sec. 11502. Requirements for DUKW amphibious passenger vessels.
Sec. 11503. Exoneration and limitation of liability for small passenger
vessels.
Sec. 11504. At-sea recovery operations pilot program.
Sec. 11505. Historic wood sailing vessels.
Sec. 11506. Certificates of numbers for undocumented vessels.
Sec. 11507. Comptroller General review and report on Coast Guard
oversight of third-party organizations.
Sec. 11508. Articulated tug-barge manning.
Sec. 11509. Fishing vessel safety.
Sec. 11510. Exemptions for certain passenger vessels.
Subtitle B--Merchant Mariner Credentialing
Sec. 11511. Modernizing merchant mariner credentialing system.
Sec. 11512. Assessment regarding application process for merchant
mariner credentials.
Sec. 11513. GAO report.
Sec. 11514. Military to Mariners Act of 2022.
Sec. 11515. Definitions.
Subtitle C--Other Matters
Sec. 11516. Nonoperating individual.
Sec. 11517. Oceanographic research vessels.
Sec. 11518. Port access routes briefing.
Sec. 11519. Definition of stateless vessel.
Sec. 11520. Limitation on recovery for certain injuries incurred in
aquaculture activities.
Sec. 11521. Report on securing vessels and cargo.
Sec. 11522. Report on enforcement of coastwise laws.
Sec. 11523. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 11524. Prohibition on entry and operation.
Sec. 11525. Floating dry docks.
Sec. 11526. Updated requirements for fishing crew agreements.
TITLE CXVI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND
RESPONSE
Sec. 11601. Definitions.
Sec. 11602. Convicted sex offender as grounds for denial.
Sec. 11603. Sexual harassment or sexual assault as grounds for
suspension or revocation.
Sec. 11604. Accommodation; notices.
Sec. 11605. Protection against discrimination.
Sec. 11606. Alcohol at sea.
Sec. 11607. Surveillance requirements.
Sec. 11608. Master key control.
Sec. 11609. Requirement to report sexual assault and harassment.
Sec. 11610. Safety management system.
Sec. 11611. Reports to Congress.
TITLE CXVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A--National Oceanic and Atmospheric Administration
Commissioned Officer Corps
Sec. 11701. Definitions.
Sec. 11702. Requirement for appointments.
Sec. 11703. Repeal of requirement to promote ensigns after 3 years of
service.
Sec. 11704. Authority to provide awards and decorations.
Sec. 11705. Retirement and separation.
Sec. 11706. Improving professional mariner staffing.
Sec. 11707. Legal assistance.
Sec. 11708. Acquisition of aircraft for agency air, atmosphere, and
weather reconnaissance and research
mission.
Sec. 11709. Report on professional mariner staffing models.
Subtitle B--Other Matters
Sec. 11710. Conveyance of certain property of National Oceanic and
Atmospheric Administration in Juneau,
Alaska.
TITLE CXVIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 11801. Terms and vacancies.
Sec. 11802. Passenger vessel security and safety requirements.
Sec. 11803. Technical corrections.
Sec. 11804. Transportation worker identification credential technical
amendments.
Sec. 11805. Reinstatement.
Sec. 11806. Determination of budgetary effects.
Sec. 11807. Technical amendment.
Sec. 11808. Lighthouse service amendments.
SEC. 11002. DEFINITIONS.
In this division:
(1) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(2) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of the department in which
the Coast Guard is operating.
SEC. 11003. RULE OF CONSTRUCTION.
(a) In General.--Nothing in this division may be construed--
(1) to satisfy any requirement for government-to-government
consultation with Tribal governments; or
(2) to affect or modify any treaty or other right of any
Tribal government.
(b) Tribal Government Defined.--In this section, the term ``Tribal
government'' means the recognized governing body of any Indian or
Alaska Native Tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually identified
(including parenthetically) in the list published most recently as of
the date of the enactment of this Act pursuant to section 104 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
TITLE CXI--AUTHORIZATIONS
SEC. 11101. AUTHORIZATION OF APPROPRIATIONS.
Section 4902 of title 14, United States Code, is amended--
(1) in the matter preceding paragraph (1) by striking
``fiscal years 2020 and 2021'' and inserting ``fiscal years
2022 and 2023'';
(2) in paragraph (1)--
(A) in subparagraph (A) by striking clauses (i) and
(ii) and inserting the following:
``(i) $10,000,000,000 for fiscal year 2022; and
``(ii) $10,750,000,000 for fiscal year 2023.'';
(B) in subparagraph (B) by striking ``$17,035,000''
and inserting ``$23,456,000''; and
(C) in subparagraph (C) by striking ``, (A)(ii)
$17,376,000'' and inserting ``(A)(ii), $24,353,000'';
(3) in paragraph (2)--
(A) in subparagraph (A) by striking clauses (i) and
(ii) and inserting the following:
``(i) $3,312,114,000 for fiscal year 2022; and
``(ii) $3,477,600,000 for fiscal year 2023.''; and
(B) in subparagraph (B) by striking clauses (i) and
(ii) and inserting the following:
``(i) $20,400,000 for fiscal year 2022; and
``(ii) $20,808,000 for fiscal year 2023.'';
(4) in paragraph (3) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) $7,476,000 for fiscal year 2022; and
``(B) $14,681,084 for fiscal year 2023.''; and
(5) in paragraph (4) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) $240,577,000 for fiscal year 2022; and
``(B) $252,887,000 for fiscal year 2023.''.
SEC. 11102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
Section 4904 of title 14, United States Code, is amended--
(1) in subsection (a) by striking ``fiscal years 2020 and
2021'' and inserting ``fiscal years 2022 and 2023''; and
(2) in subsection (b) by striking ``fiscal years 2020 and
2021'' and inserting ``fiscal years 2022 and 2023''.
SEC. 11103. AUTHORIZATION FOR CERTAIN PROGRAMS AND SERVICES.
Of the amounts authorized to be appropriated under section
4902(1)(A) of title 14, United States Code, there are authorized to the
Commandant for each of fiscal years 2022 and 2023--
(1) $25,000,000 for the child care subsidy program as
established under section 11401and any additional eligible uses
established by the Commandant under the amendment made by
subsection (c) of section 11401;
(2) $1,300,000 for expansion of behavioral health services
in the Coast Guard under section 11412;
(3) $3,000,000 for the Aqua Alert Notification System pilot
program established under section 11207; and
(4) $1,000,000 to prepare the evaluation of requirements
for the Arctic Security Cutter.
SEC. 11104. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF ADDITIONAL
VESSELS.
(a) In General.--Of the amounts authorized to be appropriated under
section 4902(2)(A)(ii) of title 14, United States Code, as amended by
section 11101, for fiscal year 2023--
(1) $300,000,000 shall be authorized for the acquisition of
a twelfth National Security Cutter;
(2) $420,000,000 shall be authorized for the acquisition of
6 Fast Response Cutters;
(3) $172,500,000 is authorized for the program management,
design, and acquisition of 12 Pacific Northwest heavy weather
boats that are at least as capable as the Coast Guard 52-foot
motor surfboat;
(4) $167,200,000 is authorized for the third Polar Security
Cutter;
(5) $150,000,000 is authorized for the acquisition or
procurement of an available icebreaker (as such term is defined
under section 11223);
(6) for fiscal year 2022, $350,000,000 shall be authorized
for the acquisition of a Great Lakes icebreaker at least as
capable as Coast Guard cutter Mackinaw (WLBB-30);
(7) in addition to amounts authorized under paragraph (6),
$20,000,000 shall be authorized for the design and selection of
icebreaking cutters for operation in the Great Lakes, the
Northeastern United States, and the Arctic as appropriate, that
are at least as capable as the Coast Guard 140-foot icebreaking
tugs; and
(8) $650,000,000 is authorized for the continued
acquisition of Offshore Patrol Cutters.
(b) Treatment of Acquired Cutter.--Any cutter acquired using
amounts authorized under subsection (a) shall be in addition to the
National Security Cutters and Fast Response Cutters approved under the
existing acquisition baseline in the program of record for the National
Security Cutter and Fast Response Cutter.
SEC. 11105. SHORESIDE INFRASTRUCTURE AND FACILITIES.
(a) In General.--Of the amounts authorized to be appropriated under
section 4902(2)(A) of title 14, United States Code--
(1) for each of fiscal years 2022 and 2023, $1,000,000,000
is authorized to fund maintenance, construction, and repairs
for Coast Guard shoreside infrastructure; and
(2) for fiscal year 2023, $127,000,000 is authorized for
improvements to facilities of the Coast Guard Yard.
(b) Set-asides.--Of the amounts authorized under subsection
(a)(1)--
(1) up to $60,000,000 is authorized to fund Phase I, in
fiscal year 2022, and $60,000,000 is authorized to fund Phase
II, in fiscal year 2023, for the recapitalization of the
barracks at the United States Coast Guard Training Center Cape
May in Cape May, New Jersey;
(2) $67,500,000 is authorized for the construction of
additional new child care development centers not constructed
using funds authorized by title V of the Infrastructure
Investment and Jobs Act (Public Law 117-58); and
(3) up to $1,200,000 is authorized to--
(A) complete repairs to the United States Coast
Guard Station, New York, waterfront, including repairs
to the concrete pier; and
(B) replace floating piers Alpha and Bravo, the
South Breakwater and Ice Screen, the North Breakwater
and Ice Screen and the seawall.
(c) Mitigation of Hazard Risks.--In carrying out projects with
funds authorized under subsection (a), the Coast Guard shall mitigate,
to the greatest extent practicable, natural hazard risks identified in
any Shore Infrastructure Vulnerability Assessment for Phase I related
to such projects.
SEC. 11106. COAST GUARD YARD RESILIENT INFRASTRUCTURE AND CONSTRUCTION
IMPROVEMENT.
There is authorized to appropriated for the period of fiscal years
2023 through 2028 for the Secretary--
(1) $273,000,000 for the purposes of improvements to
facilities of the Coast Guard Yard; and
(2) $236,000,000 for the acquisition of a new floating
drydock at the Yard.
TITLE CXII--COAST GUARD
Subtitle A--Infrastructure and Assets
SEC. 11201. REPORT ON SHORESIDE INFRASTRUCTURE AND FACILITIES PROJECTS.
(a) In General.--Not less frequently than annually, the Commandant
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report that includes--
(1) a detailed list of Coast Guard shoreside infrastructure
projects contemplated in each Coast Guard Sector area of
responsibility and planned within the 7 years following the
submission of the annual report for all Coast Guard facilities
located within each Coast Guard Sector area of responsibility
in the order of priority, including recapitalization,
maintenance needs in excess of $100,000, dredging, and other
shoreside infrastructure needs of the Coast Guard;
(2) the estimated cost of projects to fulfill each project,
to the extent available; and
(3) a general description of the state of planning,
including design and engineering, for each such project.
(b) Contents.--The report submitted under subsection (a) shall
include all unfunded shoreside infrastructure and facility priorities
meeting the criteria under subsection (a) recommended to the Commandant
for consideration for inclusion in the unfunded priority list report to
Congress under section 5108 of title 14, United States Code, regardless
of whether the unfunded shoreside infrastructure project is included in
the final annual unfunded priority list to Congress.
SEC. 11202. REPORT AND BRIEFING ON RESOURCING STRATEGY FOR WESTERN
PACIFIC REGION.
(a) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commandant, in consultation with the
Coast Guard Commander of the Pacific Area, the Commander of
United States Indo-Pacific Command, and the Under Secretary of
Commerce for Oceans and Atmosphere, shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report outlining the
resourcing needs of the Coast Guard to achieve optimum
operations in the Western Pacific region.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) An assessment of the risks and associated
needs--
(i) to United States strategic maritime
interests, in particular such interests in
areas west of the International Date Line,
including risks to bilateral maritime partners
of the United States, posed by not fully
staffing and equipping Coast Guard operations
in the Western Pacific region;
(ii) to the Coast Guard mission and force
posed by not fully staffing and equipping Coast
Guard operations in the Western Pacific region;
and
(iii) to support the call of the President,
as set forth in the Indo-Pacific Strategy, to
expand Coast Guard presence and cooperation in
Southeast Asia, South Asia, and the Pacific
Islands, with a focus on advising, training,
deployment, and capacity building.
(B) A description of the additional resources,
including shoreside resources, required to fully
implement the needs described in subparagraph (A),
including the United States commitment to bilateral
fisheries law enforcement in the Pacific Ocean.
(C) A description of the operational and personnel
assets required and a dispersal plan for available and
projected future Coast Guard cutters and aviation
forces to conduct optimum operations in the Western
Pacific region.
(D) An analysis with respect to whether a national
security cutter or fast response cutter located at a
United States military installation in a foreign
country in the Western Pacific region would enhance
United States national security, partner country
capacity building, and prevention and effective
response to illegal, unreported, and unregulated
fishing.
(E) An assessment of the benefits and associated
costs involved in--
(i) increasing staffing of Coast Guard
personnel within the command elements of United
States Indo-Pacific Command or subordinate
commands; and
(ii) designating a Coast Guard patrol force
under the direct authority of the Commander of
the United States Indo-Pacific Command with
associated forward-based assets and personnel.
(F) An identification of any additional authority
necessary, including proposals for legislative change,
to meet the needs identified in accordance with
subparagraphs (A) through (E) and any other mission
requirement in the Western Pacific region.
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(b) Briefing.--Not later than 60 days after the date on which the
Commandant submits the report under subsection (a), the Commandant, or
a designated individual, shall provide to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
briefing on the findings and conclusions of such report.
SEC. 11203. STUDY AND REPORT ON NATIONAL SECURITY AND DRUG TRAFFICKING
THREATS IN FLORIDA STRAITS, CUBA, AND CARIBBEAN REGION.
(a) In General.--The Commandant shall conduct a study on threats to
national security, drug trafficking, and other relevant threats the
Commandant considers appropriate in the Florida Straits and Caribbean
region, including Cuba.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An assessment of--
(A) new technology and evasive maneuvers used by
transnational criminal organizations to evade detection
and interdiction by Coast Guard law enforcement units
and interagency partners; and
(B) capability gaps of the Coast Guard with respect
to--
(i) the detection and interdiction of
illicit drugs in the Florida Straits and
Caribbean region, including Cuba; and
(ii) the detection of national security
threats in such region.
(2) An identification of--
(A) the critical technological advancements
required for the Coast Guard to meet current and
anticipated threats in such region;
(B) the capabilities required to enhance
information sharing and coordination between the Coast
Guard and interagency partners, foreign governments,
and related civilian entities; and
(C) any significant developing threats to the
United States posed by illicit actors in such region.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Commandant shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the results of the study under subsection (a).
SEC. 11204. COAST GUARD YARD.
(a) In General.--With respect to the Coast Guard Yard, the uses of
the amounts authorized under sections 11105(a)(2) and 11106 are to--
(1) improve resilience and capacity;
(2) maintain and expand Coast Guard organic manufacturing
capacity;
(3) expand training and recruitment;
(4) enhance safety;
(5) improve environmental compliance; and
(6) ensure that the Coast Guard Yard is prepared to meet
the growing needs of the modern Coast Guard fleet.
(b) Inclusions.--The Secretary shall ensure that the Coast Guard
Yard receives improvements that include the following:
(1) Facilities upgrades needed to improve resilience of the
shipyard, its facilities, and associated infrastructure.
(2) Acquisition of a large-capacity drydock.
(3) Improvements to piers and wharves, drydocks, and
capital equipment utilities.
(4) Environmental remediation.
(5) Construction of a new warehouse and paint facility.
(6) Acquisition of a new travel lift.
(7) Dredging necessary to facilitate access to the Coast
Guard Yard.
(c) Workforce Development Plan.--Not later than 180 days after the
date of enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives, a workforce development plan that--
(1) outlines the workforce needs of the Coast Guard Yard
with respect to civilian employees and active duty members of
the Coast Guard, including engineers, individuals engaged in
trades, cyber specialists, and other personnel necessary to
meet the evolving mission set of the Coast Guard Yard; and
(2) includes recommendations for Congress with respect to
the authorities, training, funding, and civilian and active-
duty recruitment, including the recruitment of women and
underrepresented minorities, necessary to meet workforce needs
of the Coast Guard Yard for the 10-year period beginning on the
date of submission of the plan.
SEC. 11205. AUTHORITY TO ENTER INTO TRANSACTIONS OTHER THAN CONTRACTS
AND GRANTS TO PROCURE COST-EFFECTIVE TECHNOLOGY FOR
MISSION NEEDS.
(a) In General.--Subchapter III of chapter 11 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 1158. Authority to enter into transactions other than contracts
and grants to procure cost-effective, advanced technology
for mission-critical needs
``(a) In General.--Subject to subsections (b) and (c), the
Commandant may enter into transactions (other than contracts,
cooperative agreements, and grants) to operate, test, and acquire cost-
effective technology for the purpose of meeting the mission needs of
the Coast Guard.
``(b) Operation, Testing, and Acquisition.--Operation, testing, and
acquisition of technologies under subsection (a) shall be--
``(1) carried out in accordance with Coast Guard policies
and guidance; and
``(2) consistent with the operational requirements of the
Coast Guard.
``(c) Limitations.--The Commandant may not enter into a transaction
under subsection (a) with respect to a technology that--
``(1) does not comply with the cybersecurity standards of
the Coast Guard; or
``(2) is sourced from an entity domiciled in the People's
Republic of China, unless the Commandant determines that the
prototype or procurement of such a technology is for the
purpose of--
``(A) counter-UAS or surrogate testing; or
``(B) intelligence, electronic warfare, and
information warfare, testing, and analysis.
``(d) Education and Training.--The Commandant shall ensure that
management, technical, and contracting personnel of the Coast Guard
involved in the award or administration of transactions under this
section are provided adequate education and training with respect to
the authority under this section.
``(e) Regulations.--The Commandant shall prescribe regulations as
necessary to carry out this section.
``(f) Counter-UAS Defined.--In this section, the term `counter-UAS'
has the meaning given such term in section 44801 of title 49.''.
(b) Clerical Amendment.--The analysis for chapter 11 of title 14,
United States Code, is amended by inserting after the item relating to
section 1157 the following:
``1158. Authority to enter into transactions other than contracts and
grants to procure cost-effective, advanced
technology for mission-critical needs.''.
(c) Report.--
(1) In general.--Not later than 5 years after the date of
the enactment of this Act, the Commandant shall submit to the
appropriate committees of Congress a report that--
(A) describes the use of the authority pursuant to
section 1158 of title 14, United States Code (as added
by this section); and
(B) assesses the mission and operational benefits
of such authority.
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Transportation and
Infrastructure of the House of Representatives.
SEC. 11206. IMPROVEMENTS TO INFRASTRUCTURE AND OPERATIONS PLANNING.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commandant shall incorporate the most recent oceanic
and atmospheric data relating to the increasing rates of extreme
weather, including flooding, into planning scenarios for Coast Guard
infrastructure and mission deployments with respect to all Coast Guard
Missions.
(b) Coordination With National Oceanic and Atmospheric
Administration.--In carrying out subsection (a), the Commandant shall--
(1) coordinate with the Under Secretary of Commerce for
Oceans and Atmosphere to ensure the incorporation of the most
recent environmental and climatic data; and
(2) request technical assistance and advice from the Under
Secretary in planning scenarios, as appropriate.
(c) Briefing.--Not later than 1 year after the date of enactment of
this Act, the Commandant shall provide to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
briefing on the manner in which the best-available science from the
National Oceanic and Atmospheric Administration has been incorporated
into at least 1 key mission area of the Coast Guard, and the lessons
learned from incorporating such science.
SEC. 11207. AQUA ALERT NOTIFICATION SYSTEM PILOT PROGRAM.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Commandant shall, subject to the availability of
appropriations, establish a pilot program to improve the issuance of
alerts to facilitate cooperation with the public to render aid to
distressed individuals under section 521 of title 14, United States
Code.
(b) Pilot Program Contents.--In carrying out the pilot program
established under subsection (a), the Commandant shall, to the maximum
extent possible--
(1) include a voluntary opt-in program under which members
of the public, as appropriate, and the entities described in
subsection (c), may receive notifications on cellular devices
regarding Coast Guard activities to render aid to distressed
individuals under section 521 of title 14, United States Code;
(2) cover areas located within the area of responsibility
of 3 different Coast Guard sectors in diverse geographic
regions; and
(3) provide that the dissemination of an alert shall be
limited to the geographic areas most likely to facilitate the
rendering of aid to distressed individuals.
(c) Consultation.--In developing the pilot program under subsection
(a), the Commandant shall consult--
(1) the head of any relevant Federal agency;
(2) the government of any relevant State;
(3) any Tribal Government;
(4) the government of any relevant territory or possession
of the United States; and
(5) any relevant political subdivision of an entity
described in paragraph (2), (3), or (4).
(d) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter through 2026,
the Commandant shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the implementation of this section.
(2) Public availability.--The Commandant shall make the
report submitted under paragraph (1) available to the public.
SEC. 11208. PILOT PROJECT FOR ENHANCING COAST GUARD CUTTER READINESS
THROUGH CONDITION-BASED MAINTENANCE.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Commandant shall conduct a pilot project to enhance
cutter readiness and reduce lost patrol days through the deployment of
condition-based program standards for cutter maintenance, in accordance
with the criteria set forth in subsection (b).
(b) Criteria for Condition-Based Maintenance Evaluation.--In
conducting the pilot project under subsection (a), the Commandant, in
cooperation with government and industry partners, shall--
(1) select at least 1 class of cutters under construction
with respect to which the application of the pilot project
would enhance readiness;
(2) use condition-based program standards which incorporate
artificial, intelligence, prognostic based maintenance
planning;
(3) create and model a full ship digital twin for the
cutters selected under paragraph (1);
(4) install or modify instrumentation capable of producing
full hull, mechanical, and electrical data necessary to analyze
cutter operational conditions with active maintenance alerts;
and
(5) evaluate and weight efficacy of potential emergent
repairs as well as planned depot maintenance activities.
(c) Consideration.--Prior to developing the pilot project in this
section, the Commandant shall evaluate commercially available products,
technology, applications, standards, and technology for development and
implementation of the pilot program.
(d) Report to Congress.--The Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives--
(1) an interim report not later than 12 months after the
date of enactment of this Act on the progress in carrying out
the pilot project described in subsection (a); and
(2) a final report not later than 3 years after the date of
enactment of this Act on the results of the pilot project
described in subsection (a) that includes--
(A) options to integrate condition-based program
standards with prognostic based maintenance planning to
Coast Guard cutters; and
(B) plans to deploy condition-based program
standards with prognostic based maintenance planning to
Coast Guard cutters.
SEC. 11209. STUDY ON LAYDOWN OF COAST GUARD CUTTERS.
Not later than 120 days after the date of enactment of this Act,
the Secretary shall conduct a study on the laydown of Coast Guard Fast
Response Cutters to assess Coast Guard mission readiness and to
identify areas of need for asset coverage.
SEC. 11210. ACQUISITION LIFE-CYCLE COST ESTIMATES.
Section 1132(e) of title 14, United States Code, is amended by
striking paragraphs (2) and (3) and inserting the following:
``(2) Types of estimates.--For each Level 1 or Level 2
acquisition project or program, in addition to life-cycle cost
estimates developed under paragraph (1), the Commandant shall
require that--
``(A) life-cycle cost estimates developed under
paragraph (1) be updated before--
``(i) each milestone decision is concluded;
and
``(ii) the project or program enters a new
acquisition phase; and
``(B) an independent cost estimate or independent
cost assessment, as appropriate, be developed to
validate life-cycle cost estimates developed under
paragraph (1).''.
SEC. 11211. DISPOSITION OF INFRASTRUCTURE RELATED TO E-LORAN.
Section 914 of title 14, United States Code, is amended to read as
follows:
``Sec. 914. Disposition of infrastructure related to E-LORAN
``(a) In General.--Notwithstanding any other provision of law, the
Commandant may dismantle or dispose of any real or personal property
under the administrative control of the Coast Guard and used for the
LORAN-C system.
``(b) Restriction.--No action described in subsection (a) may be
taken unless and until--
``(1) the Commandant notifies the Secretary of
Transportation and the Secretary of Defense in writing of the
proposed dismantling or disposal of a LORAN-C system; and
``(2) a period of 90 calendar days expires following the
day on which the notice has been submitted.
``(c) Receipt of Notification.--If, not later than 90 calendar days
of receipt of the written notification under subsection (b), the
Secretary of Transportation or the Secretary of Defense notifies the
Commandant, in writing, of a determination under section 312(d) of
title 49 that the property is required to provide a positioning,
navigation, and timing system to provide redundant capability in the
event the Global Positioning System signals are disrupted, the
Commandant shall transfer the property to the Department of
Transportation without any consideration.
``(d) Notification Expiration.--If, at the end of the 90 calendar
day period no notification under subsection (b) has been received, the
Commandant shall notify the Committee on Transportation and
Infrastructure and the Committee on Appropriations in the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the Senate that
the period in subsection (b)(2) has expired, and may proceed with the
dismantling and disposal of the personal property, and disposing of the
real property in accordance with section 2945 of this title.
``(e) Exception.--The prohibition on actions in subsection (b) does
not apply to actions necessary for the safety of human life.''.
Subtitle B--Great Lakes
SEC. 11212. GREAT LAKES WINTER COMMERCE.
(a) Great Lakes Icebreaking Operations.--
(1) Government accountability office report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General
of the United States shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives a report on Coast Guard
icebreaking in the Great Lakes.
(B) Elements.--The report required under
subparagraph (A) shall evaluate--
(i) the economic impact of vessel delays or
cancellations associated with ice coverage on
the Great Lakes;
(ii) mission needs of the Coast Guard Great
Lakes icebreaking program;
(iii) the impact that the proposed
standards described in paragraph (2) would have
on--
(I) Coast Guard operations in the
Great Lakes;
(II) Northeast icebreaking
missions; and
(III) inland waterway operations;
(iv) a fleet mix analysis for meeting such
proposed standards;
(v) a description of the resources
necessary to support the fleet mix resulting
from such fleet mix analysis, including billets
for crew and operating costs; and
(vi) recommendations to the Commandant for
Improvements to the Great Lakes icebreaking
program, including with respect to facilitating
commerce and meeting all Coast Guard mission
needs.
(2) Proposed standards for icebreaking operations.--The
proposed standards described in this subsection are the
following:
(A) Except as provided in subparagraph (B), the
Commandant shall keep ice-covered waterways in the
Great Lakes open to navigation during not less than 90
percent of the hours that commercial vessels and
ferries attempt to transit such ice-covered waterways.
(B) In a year in which the Great Lakes are not open
to navigation, because of ice of a thickness that
occurs on average only once every 10 years, the
Commandant shall keep ice-covered waterways in the
Great Lakes open to navigation during not less than 70
percent of the hours that commercial vessels and
ferries attempt to transit such ice-covered waterways.
(3) Report by commandant.--Not later than 90 days after the
date on which the Comptroller General submits the report under
paragraph (1), the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that includes the following:
(A) A plan for Coast Guard implementation of any
recommendation made by the Comptroller General under
paragraph (1)(B)(ii) that the Commandant considers
appropriate.
(B) With respect to any recommendation made under
such paragraph that the Commandant declines to
implement and a justification for such decision.
(C) A review of, and a proposed implementation plan
for, the results of the fleet mix analysis under
paragraph (1)(B)(iv).
(D) Any proposed modifications to the standards for
icebreaking operations in the Great Lakes.
(b) Definitions.--In this section:
(1) Commercial vessel.--The term ``commercial vessel''
means any privately owned cargo vessel operating in the Great
Lakes during the winter season of at least 500 tons, as
measured under section 14502 of title 46, or an alternate
tonnage measured under section 14302 of such title, as
prescribed by the Secretary under section 14104 of such title.
(2) Great lakes.--The term ``Great Lakes'' means the United
States waters of Lake Superior, Lake Michigan, Lake Huron
(including Lake St. Clair), Lake Erie, and Lake Ontario, their
connecting waterways, and their adjacent harbors, and the
connecting channels (including the following rivers and
tributaries of such rivers: Saint Mary's River, Saint Clair
River, Detroit River, Niagara River, Illinois River, Chicago
River, Fox River, Grand River, St. Joseph River, St. Louis
River, Menominee River, Muskegon River, Kalamazoo River, and
Saint Lawrence River to the Canadian border).
(3) Ice-covered waterway.--The term ``ice-covered
waterway'' means any portion of the Great Lakes in which
commercial vessels or ferries operate that is 70 percent or
greater covered by ice, but does not include any waters
adjacent to piers or docks for which commercial icebreaking
services are available and adequate for the ice conditions.
(4) Open to navigation.--The term ``open to navigation''
means navigable to the extent necessary, in no particular order
of priority, to meet the reasonable demands of commerce,
minimize delays to passenger ferries, extricate vessels and
individuals from danger, prevent damage due to flooding, and
conduct other Coast Guard missions (as required).
(5) Reasonable demands of commerce.--The term ``reasonable
demands of commerce'' means the safe movement of commercial
vessels and ferries transiting ice-covered waterways in the
Great Lakes, regardless of type of cargo, at a speed consistent
with the design capability of Coast Guard icebreakers operating
in the Great Lakes and appropriate to the ice capability of the
commercial vessel.
SEC. 11213. DATABASE ON ICEBREAKING OPERATIONS IN GREAT LAKES.
(a) In General.--The Commandant shall establish and maintain a
database for collecting, archiving, and disseminating data on
icebreaking operations and commercial vessel and ferry transit in the
Great Lakes during ice season.
(b) Elements.--The database required under subsection (a) shall
include the following:
(1) Attempts by commercial vessels and ferries to transit
ice-covered waterways in the Great Lakes that are unsuccessful
because of inadequate icebreaking.
(2) The period of time that each commercial vessel or ferry
was unsuccessful at transit described in paragraph (1) due to
inadequate icebreaking.
(3) The amount of time elapsed before each such commercial
vessel or ferry was successfully broken out of the ice and
whether it was accomplished by the Coast Guard or by commercial
icebreaking assets.
(4) Relevant communications of each such commercial vessel
or ferry with the Coast Guard and with commercial icebreaking
services during such period.
(5) A description of any mitigating circumstance, such as
Coast Guard icebreaker diversions to higher priority missions,
that may have contributed to the amount of time described in
paragraph (3).
(c) Voluntary Reporting.--Any reporting by operators of commercial
vessels or ferries under this section shall be voluntary.
(d) Public Availability.--The Commandant shall make the database
available to the public on a publicly accessible website of the Coast
Guard.
(e) Consultation With Industry.--With respect to the Great Lakes
icebreaking operations of the Coast Guard and the development of the
database required under subsection (a), the Commandant shall consult
operators of commercial vessels and ferries.
(f) Public Report.--Not later than July 1 after the first winter in
which the Commandant is subject to the requirements of section 564 of
title 14, United States Code, the Commandant shall publish on a
publicly accessible website of the Coast Guard a report on the cost to
the Coast Guard of meeting the requirements of such section.
(g) Definitions.--In this section:
(1) Commercial vessel.--The term ``commercial vessel''
means any privately owned cargo vessel operating in the Great
Lakes during the winter season of at least 500 tons, as
measured under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section 14302 of such
title, as prescribed by the Secretary under section 14104 of
such title.
(2) Great lakes.--The term ``Great Lakes'' means the United
States waters of Lake Superior, Lake Michigan, Lake Huron
(including Lake St. Clair), Lake Erie, and Lake Ontario, their
connecting waterways, and their adjacent harbors, and the
connecting channels (including the following rivers and
tributaries of such rivers: Saint Mary's River, Saint Clair
River, Detroit River, Niagara River, Illinois River, Chicago
River, Fox River, Grand River, St. Joseph River, St. Louis
River, Menominee River, Muskegon River, Kalamazoo River, and
Saint Lawrence River to the Canadian border).
(3) Ice-covered waterway.--The term ``ice-covered
waterway'' means any portion of the Great Lakes in which
commercial vessels or ferries operate that is 70 percent or
greater covered by ice, but does not include any waters
adjacent to piers or docks for which commercial icebreaking
services are available and adequate for the ice conditions.
(4) Open to navigation.--The term ``open to navigation''
means navigable to the extent necessary to--
(A) extricate vessels and individuals from danger;
(B) prevent damage due to flooding;
(C) meet the reasonable demands of commerce;
(D) minimize delays to passenger ferries; and
(E) conduct other Coast Guard missions as required.
(5) Reasonable demands of commerce.--The term ``reasonable
demands of commerce'' means the safe movement of commercial
vessels and ferries transiting ice-covered waterways in the
Great Lakes, regardless of type of cargo, at a speed consistent
with the design capability of Coast Guard icebreakers operating
in the Great Lakes and appropriate to the ice capability of the
commercial vessel.
SEC. 11214. CENTER OF EXPERTISE FOR GREAT LAKES OIL SPILL SEARCH AND
RESPONSE.
Section 807(d) of the Frank LoBiondo Coast Guard Authorization Act
of 2018 (14 U.S.C. 313 note) is amended to read as follows:
``(d) Definition.--In this section, the term `Great Lakes' means--
``(1) Lake Ontario;
``(2) Lake Erie;
``(3) Lake Huron (including Lake St. Clair);
``(4) Lake Michigan;
``(5) Lake Superior; and
``(6) the connecting channels (including the following
rivers and tributaries of such rivers: Saint Mary's River,
Saint Clair River, Detroit River, Niagara River, Illinois
River, Chicago River, Fox River, Grand River, St. Joseph River,
St. Louis River, Menominee River, Muskegon River, Kalamazoo
River, and Saint Lawrence River to the Canadian border).''.
SEC. 11215. GREAT LAKES SNOWMOBILE ACQUISITION PLAN.
(a) In General.--The Commandant shall develop a plan to expand
snowmobile procurement for Coast Guard units for which snowmobiles may
improve ice rescue response times while maintaining the safety of Coast
Guard personnel engaged in ice search and rescue. The plan shall
include consideration of input from Officers in Charge, commanding
officers, and commanders of such units.
(b) Elements.--The plan required under subsection (a) shall
include--
(1) a consideration of input from Officers in Charge,
commanding officers, and commanders of Coast Guard units
described in subsection (a);
(2) a detailed description of the estimated costs of
procuring, maintaining, and training members of the Coast Guard
at such units to use snowmobiles; and
(3) an assessment of--
(A) the degree to which snowmobiles may improve ice
rescue response times while maintaining the safety of
Coast Guard personnel engaged in ice search and rescue;
(B) the operational capabilities of a snowmobile,
as compared to an airboat, and a force laydown
assessment with respect to the assets needed for
effective operations at Coast Guard units conducting
ice search and rescue activities; and
(C) the potential risks to members of the Coast
Guard and members of the public posed by the use of
snowmobiles by members of the Coast Guard for ice
search and rescue activities.
(c) Public Availability.--Not later than 1 year after the date of
enactment of this Act, the Commandant shall finalize the plan required
under subsection (a) and make the plan available on a publicly
accessible website of the Coast Guard.
SEC. 11216. GREAT LAKES BARGE INSPECTION EXEMPTION.
Section 3302(m) of title 46, United States Code, is amended--
(1) in the matter preceding paragraph (1) by inserting ``or
a Great Lakes barge'' after ``seagoing barge''; and
(2) by striking ``section 3301(6) of this title'' and
inserting ``paragraph (6) or (13) of section 3301 of this
title''.
SEC. 11217. STUDY ON SUFFICIENCY OF COAST GUARD AVIATION ASSETS TO MEET
MISSION DEMANDS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commandant shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on--
(1) the force laydown of Coast Guard aviation assets; and
(2) any geographic gaps in coverage by Coast Guard assets
in areas in which the Coast Guard has search and rescue
responsibilities.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) The distance, time, and weather challenges that MH-65
and MH-60 units may face in reaching the outermost limits of
the area of operation of Coast Guard District 8 and Coast Guard
District 9 for which such units are responsible.
(2) An assessment of the advantages that Coast Guard fixed-
wing assets, or an alternate rotary wing asset, would offer to
the outermost limits of any area of operation for purposes of
search and rescue, law enforcement, ice operations, and
logistical missions.
(3) A comparison of advantages and disadvantages of the
manner in which each of the Coast Guard fixed-wing aircraft
would operate in the outermost limits of any area of operation.
(4) A specific assessment of the coverage gaps, including
gaps in fixed-wing coverage, and potential solutions to address
such gaps in the area of operation of Coast Guard District 8
and Coast Guard District 9, including the eastern region of
such area of operation with regard to Coast Guard District 9
and the southern region of such area of operation with regard
to Coast Guard District 8.
Subtitle C--Arctic
SEC. 11218. ESTABLISHMENT OF MEDIUM ICEBREAKER PROGRAM OFFICE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant, in consultation with the heads
of the other Federal agencies as appropriate, shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report to establish a fleet mix analysis with respect
to polar icebreakers and icebreaking tugs.
(b) Contents.--The report required under subsection (a) shall
include--
(1) a full fleet mix of heavy and medium icebreaker and
140-foot icebreaking tug replacements, including cost and
timelines for the acquisition of such vessels;
(2) a revised time table showing the construction,
commissioning, and acceptance of planned Polar Security Cutters
1 through 3, as of the date of report;
(3) a comparison and alternatives analysis of the costs and
timeline of constructing 2 Polar Security Cutters beyond the
construction of 3 such vessels rather than constructing 3
Arctic Security Cutters, including the cost of planning,
design, and engineering of a new class of ships, which shall
include the increased costs resulting from the delays in
building a new class of cutters rather than building 2
additional cutters from an ongoing production line;
(4) the operational benefits, limitations, and risks of a
common hull design for polar icebreaking cutters for operation
in the polar regions;
(5) the operational benefits, limitations, and risks of a
common hull design for icebreaking tugs for operation in the
Northeastern United States; and
(6) the cost and timetable for replacing the Coast Guard
Cutter Healy (WAGB 20) as--
(A) a Polar Security Cutter;
(B) an Arctic Security Cutter; or
(C) other platform as determined by the Commandant.
(c) Quarterly Briefings.--As part of quarterly acquisition
briefings provided by the Commandant to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives, the
Commandant shall include an update on the status of--
(1) all acquisition activities related to the Polar
Security Cutter;
(2) the performance of the entity which the Coast Guard has
contracted with for detailed design and construction of the
Polar Security Cutter; and
(3) the requirements for the planning, detailed design,
engineering, and construction of the--
(A) Arctic Security Cutter; and
(B) Great Lakes Icebreaker.
(d) Limitation.--The report required to be submitted under
subsection (a) shall not include an analysis of the Great Lakes
Icebreaker authorized under section 11104.
(e) Establishment of the Arctic Security Cutter Program Office.--
(1) Determination.--Not later than 90 days after the
submission of the report under subsection (a), the Commandant
shall determine if constructing additional Polar Security
Cutters is more cost effective and efficient than constructing
3 Arctic Security Cutters.
(2) Establishment.--If the Commandant determines under
paragraph (1) that it is more cost effective to build 3 Arctic
Security Cutters than to build additional Polar Security
Cutters or if the Commandant fails to make a determination
under paragraph (1) by June 1, 2024, the Commandant shall
establish a program office for the acquisition of the Arctic
Security Cutter not later than January 1, 2025.
(3) Requirements and design phase.--Not later than 270 days
after the date on which the Commandant establishes a program
office under paragraph (2), the Commandant shall complete the
evaluation of requirements for the Arctic Security Cutter and
initiate the design phase of the Arctic Security Cutter vessel
class.
(f) Quarterly Briefings.--Not less frequently than quarterly until
the date on which a contract for acquisition of the Arctic Security
Cutter is awarded under chapter 11 of title 14, United States Code, the
Commandant shall provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a briefing on the status
of requirements evaluations, design of the vessel, and schedule of the
program.
SEC. 11219. ARCTIC ACTIVITIES.
(a) Arctic Operational Implementation Report.--Not later than 1
year after the date of enactment of this Act, the Secretary shall
submit to the appropriate committees of Congress a report that
describes the ability and timeline to conduct a transit of the Northern
Sea Route and periodic transits of the Northwest Passage.
(b) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Transportation and
Infrastructure of the House of Representatives.
(2) Arctic.--The term ``Arctic'' has the meaning given such
term in section 112 of the Arctic Research and Policy Act of
1984 (15 U.S.C. 4111).
SEC. 11220. STUDY ON ARCTIC OPERATIONS AND INFRASTRUCTURE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall
commence a study on the Arctic operations and infrastructure of the
Coast Guard.
(b) Elements.--The study required under subsection (a) shall assess
the following:
(1) The extent of the collaboration between the Coast Guard
and the Department of Defense to assess, manage, and mitigate
security risks in the Arctic region.
(2) Actions taken by the Coast Guard to manage risks to
Coast Guard operations, infrastructure, and workforce planning
in the Arctic.
(3) The plans the Coast Guard has in place for managing and
mitigating the risks to commercial maritime operations and the
environment in the Arctic region.
(c) Report.--Not later than 1 year after commencing the study
required under subsection (a), the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
SEC. 11221. PRIBILOF ISLAND TRANSITION COMPLETION ACTIONS.
(a) Actual Use and Occupancy Reports.--Not later than 90 days after
enactment of this Act, and quarterly thereafter, the Secretary shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing--
(1) the degree to which Coast Guard personnel and equipment
are deployed to St. Paul Island, Alaska, in actual occupancy of
the facilities, as required under section 524 of the Pribilof
Island Transition Completion Act of 2016 (Public Law 114-120);
and
(2) the status of the activities described in subsections
(c) and (d) until such activities have been completed.
(b) Aircraft Hanger.--The Secretary may--
(1) enter into a lease for a hangar to house deployed Coast
Guard aircraft if such hanger was previously under lease by the
Coast Guard for purposes of housing such aircraft; and
(2) enter into an agreement with the lessor of such a
hanger in which the Secretary may carry out repairs necessary
to support the deployment of such aircraft and the cost of such
repairs may be offset under the terms of the lease.
(c) Fuel Tank.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Commandant shall notify the Alaska
Native Village Corporation for St. Paul Island, Alaska of the
availability of any fuel tank--
(A) which is located on property on St. Paul
Island, Alaska, which is leased by the Coast Guard for
the purpose of housing such a fuel tank; and
(B) for which the Commandant has determined that
the Coast Guard no longer has an operational need.
(2) Transfer.--If not later than 30 days after a
notification under subsection (a), the Alaska Native Village
Corporation for St. Paul Island, Alaska requests that the
ownership of the tank be transferred to such corporation then
the Commandant shall--
(A) after conducting any necessary environmental
remediation pursuant to the lease referred to in
paragraph (1)(A), transfer ownership of such fuel tank
to such corporation; and
(B) upon the date of such transfer, terminate the
lease referred to in paragraph (1)(A).
(d) Savings Clause.--Nothing in this section shall be construed to
limit any rights of the Alaska Native Village Corporation for St. Paul
to receive conveyance of all or part of the lands and improvements
related to Tract 43 under the same terms and conditions as prescribed
in section 524 of the Pribilof Island Transition Completion Act of 2016
(Public Law 114-120).
SEC. 11222. REPORT ON SHIPYARDS OF FINLAND AND SWEDEN.
Not later than 2 years after the date of enactment of this Act, the
Commandant, in consultation with the Comptroller General of the United
States, shall submit to Congress a report that analyzes the shipyards
of Finland and Sweden to assess future opportunities for technical
assistance related to engineering to aid the Coast Guard in fulfilling
its future mission needs.
SEC. 11223. ACQUISITION OF ICEBREAKER.
(a) In General.--The Commandant may acquire or procure 1 United
States built available icebreaker.
(b) Exemptions From Requirements.--
(1) In general.--Sections 1131, 1132(a)(2), 1132(c), 1133,
and 1171 of title 14, United States Code, shall not apply to an
acquisition or procurement under subsection (a).
(2) Additional exceptions.--Paragraphs (1), (3), (4), and
(5) of subsection (a) and subsections (b), (d), and (e) of
section 1132 of title 14, United States Code, shall apply to an
acquisition or procurement under subsection (a) until the first
phase of the initial acquisition or procurement is complete and
initial operating capacity is achieved.
(c) Science Mission Requirements.--For any available icebreaker
acquired or procured under subsection (a), the Commandant shall ensure
scientific research capacity comparable to the Coast Guard Cutter Healy
(WAGB 20), for the purposes of hydrographic, bathymetric,
oceanographic, weather, atmospheric, climate, fisheries, marine
mammals, genetic and other data related to the Arctic, and other
research as the Under Secretary determines appropriate.
(d) Operations and Agreements.--
(1) Coast guard.--With respect to any available icebreaker
acquired or procured under subsection (a), the Secretary shall
be responsible for any acquisition, retrofitting, operation,
and maintenance costs necessary to achieve full operational
capability, including testing, installation, and acquisition,
including for the suite of hull-mounted, ship-provided
scientific instrumentation and equipment for data collection.
(2) National oceanic and atmospheric administration.--The
Under Secretary shall not be responsible for the costs of
retrofitting any available icebreaker acquired or procured
under subsection (a), including costs relating to--
(A) vessel maintenance, construction, operations,
and crewing other than the science party; and
(B) making such icebreaker capable of conducting
the research described in subsection (c), including
design, procurement of laboratory space and equipment,
and modification of living quarters.
(3) Responsibility of under secretary.--The Under Secretary
shall be responsible for costs related to--
(A) the science party;
(B) the scientific mission; and
(C) other scientific assets and equipment that
augment such icebreaker beyond full operational
capacity as determined by the Under Secretary and
Commandant.
(4) Memorandum of agreement.--The Commandant and the Under
Secretary shall enter into a memorandum of agreement to
facilitate science activities, data collection, and other
procedures necessary to meet the requirements of this section.
(e) Restriction and Briefing.--Not later than 60 days after the
date of enactment of this Act, the Commandant shall brief the
appropriate congressional committees with respect to available
icebreaker acquired or procured under subsection (a) on--
(1) a proposed concept of operations of such icebreaker;
(2) a detailed cost estimate for such icebreaker, including
estimated costs for acquisition, modification, shoreside
infrastructure, crewing, and maintaining such an icebreaker by
year for the estimated service life of such icebreaker; and
(3) the expected capabilities of such icebreaker as
compared to the capabilities of a fully operational Coast Guard
built Polar Security Cutter for each year in which such an
icebreaker is anticipated to serve in lieu of such a cutter and
the projected annual costs to achieve such anticipated
capabilities.
(f) Interim Report.--Not later than 30 days after the date of
enactment of this Act, and not later than every 90 days thereafter
until any available icebreaker acquired or procured under subsection
(a) has reached full operational capability, the Commandant shall
provide to the appropriate Committees of Congress an interim report of
the status and progress of all elements under subsection (d).
(g) Rule of Construction.--Nothing in this section shall effect
acquisitions of vessels by the Under Secretary.
(h) Savings Clause.--
(1) In general.--Any operations necessary for the saving of
life or property at sea, response to environmental pollution,
national security, defense readiness, or other missions as
determined by the Commandant shall take priority over any
scientific or economic missions under subsection (c).
(2) Augmentation.--Any available icebreaker acquired or
procured under subsection (a) shall augment the Coast Guard
mission in the Arctic, including by conducting operations and
missions that are in addition to missions conducted by the
Coast Guard Cutter Healy (WAGB 20) in the region.
(i) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the
Committee on Appropriations of the Senate.
(2) Arctic.--The term ``Arctic'' has the meaning given such
term in section 112 of the Arctic Research and Policy Act of
1984 (15 U.S.C. 4111).
(3) Available icebreaker.--The term ``available
icebreaker'' means a vessel that--
(A) is capable of--
(i) supplementing United States Coast Guard
polar icebreaking capabilities in the Arctic
region of the United States;
(ii) projecting United States sovereignty;
(iii) ensuring a continuous operational
capability in the Arctic region of the United
States;
(iv) carrying out the primary duty of the
Coast Guard described in section 103(7) of
title 14, United States Code; and
(v) collecting hydrographic, environmental,
and climate data; and
(B) is documented with a coastwise endorsement
under chapter 121 of title 46, United States Code.
(4) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Oceans and Atmosphere.
(j) Sunset.--The authority under subsections (a) through (c) shall
expire on the date that is 3 years after the date of enactment of this
Act.
Subtitle D--Maritime Cyber and Artificial Intelligence
SEC. 11224. ENHANCING MARITIME CYBERSECURITY.
(a) Definitions.--In this section:
(1) Cyber incident.--The term ``cyber incident'' means an
occurrence that actually or imminently jeopardizes, without
lawful authority, the integrity, confidentiality, or
availability of information on an information system, or
actually or imminently jeopardizes, without lawful authority,
an information system.
(2) Maritime operators.--The term ``maritime operators''
means the owners or operators of vessels engaged in commercial
service, the owners or operators of facilities, and port
authorities.
(3) Facilities.--The term ``facilities'' has the meaning
given the term ``facility'' in section 70101 of title 46,
United States Code.
(b) Public Availability of Cybersecurity Tools and Resources.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Commandant, in coordination with the
Administrator of the Maritime Administration, the Director of
the Cybersecurity and Infrastructure Security Agency, and the
Director of the National Institute of Standards and Technology,
shall identify and make available to the public a list of tools
and resources, including the resources of the Coast Guard and
the Cybersecurity and Infrastructure Security Agency, designed
to assist maritime operators in identifying, detecting,
protecting against, mitigating, responding to, and recovering
from cyber incidents.
(2) Identification.--In carrying out paragraph (1), the
Commandant, the Administrator of the Maritime Administration,
the Director of the Cybersecurity and Infrastructure Security
Agency, and the Director of the National Institute of Standards
and Technology shall identify tools and resources that--
(A) comply with the cybersecurity framework for
improving critical infrastructure established by the
National Institute of Standards and Technology; or
(B) use the guidelines on maritime cyber risk
management issued by the International Maritime
Organization on July 5, 2017 (or successor guidelines).
(3) Consultation.--The Commandant, the Administrator of the
Maritime Administration, the Director of the Cybersecurity and
Infrastructure Security Agency, and the Director of the
National Institute of Standards and Technology may consult with
maritime operators, other Federal agencies, industry
stakeholders, and cybersecurity experts to identify tools and
resources for purposes of this section.
SEC. 11225. ESTABLISHMENT OF UNMANNED SYSTEM PROGRAM AND AUTONOMOUS
CONTROL AND COMPUTER VISION TECHNOLOGY PROJECT.
(a) In General.--Section 319 of title 14, United States Code, is
amended to read as follows:
``Sec. 319. Unmanned system program and autonomous control and computer
vision technology project
``(a) Unmanned System Program.--Not later than 2 years after the
date of enactment of this section, the Secretary shall establish, under
the control of the Commandant, an unmanned system program for the use
by the Coast Guard of land-based, cutter-based, and aircraft-based
unmanned systems for the purpose of increasing effectiveness and
efficiency of mission execution.
``(b) Autonomous Control and Computer Vision Technology Project.--
``(1) In general.--The Commandant shall conduct a project
to retrofit 2 or more existing Coast Guard small boats deployed
at operational units with--
``(A) commercially available autonomous control and
computer vision technology; and
``(B) such sensors and methods of communication as
are necessary to control, and technology to assist in
conducting, search and rescue, surveillance, and
interdiction missions.
``(2) Data collection.--As part of the project required
under paragraph (1), the Commandant shall collect and evaluate
field-collected operational data from the retrofit described in
such paragraph to inform future requirements.
``(3) Briefing.--Not later than 180 days after the date on
which the project required under paragraph (1) is completed,
the Commandant shall provide to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a briefing on the project that includes an
evaluation of the data collected from the project.
``(c) Unmanned System Defined.--In this section, the term `unmanned
system' means--
``(1) an unmanned aircraft system (as such term is defined
in section 44801 of title 49);
``(2) an unmanned marine surface system; and
``(3) an unmanned marine subsurface system.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 14,
United States Code, is amended by striking the item relating to section
319 and inserting the following:
``319. Unmanned system program and autonomous control and computer
vision technology project.''.
(c) Submission to Congress.--Not later than 180 days after the date
of enactment of this Act, the Commandant shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate a detailed description of the strategy of the Coast Guard to
implement unmanned systems across mission areas, including--
(1) the steps taken to implement actions recommended in the
consensus study report of the National Academies of Sciences,
Engineering, and Medicine titled ``Leveraging Unmanned Systems
for Coast Guard Missions: A Strategic Imperative'', published
on November 12, 2020;
(2) the strategic goals and acquisition strategies for
proposed uses and procurements of unmanned systems;
(3) a strategy to sustain competition and innovation for
procurement of unmanned systems and services for the Coast
Guard, including defining opportunities for new and existing
technologies; and
(4) an estimate of the timeline, costs, staff resources,
technology, or other resources necessary to accomplish the
strategy.
(d) Cost Assessment.--Not later than 1 year after the date of the
enactment of this Act, the Commandant shall provide to Congress an
estimate of the costs associated with implementing the amendments made
by this section.
SEC. 11226. ARTIFICIAL INTELLIGENCE STRATEGY.
(a) Coordination of Data and Artificial Intelligence Activities
Relating to Identifying, Demonstrating, and Where Appropriate
Transitioning to Operational Use.--
(1) In general.--The Commandant shall coordinate data and
artificial intelligence activities relating to identifying,
demonstrating and where appropriate transitioning to
operational use of artificial intelligence technologies when
such technologies enhance mission capability or performance.
(2) Emphasis.--The set of activities established under
paragraph (1) shall--
(A) apply data analytics, artificial intelligence,
and machine-learning solutions to operational and
mission-support problems; and
(B) coordinate activities involving artificial
intelligence and artificial intelligence-enabled
capabilities within the Coast Guard.
(b) Designated Official.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commandant shall designate a senior
official of the Coast Guard (referred to in this section as the
``designated official'') with the principal responsibility for
the coordination of data and artificial intelligence activities
relating to identifying, demonstrating, and, where appropriate,
transitioning to operational use artificial intelligence and
machine learning for the Coast Guard.
(2) Governance and oversight of artificial intelligence and
machine learning policy.--The designated official shall
regularly convene appropriate officials of the Coast Guard--
(A) to integrate the functional activities of the
Coast Guard with respect to data, artificial
intelligence, and machine learning;
(B) to ensure that there are efficient and
effective data, artificial intelligence, and machine-
learning capabilities throughout the Coast Guard, where
appropriate; and
(C) to develop and continuously improve research,
innovation, policy, joint processes, and procedures to
facilitate the coordination of data and artificial
intelligence activities relating to identification,
demonstration, and, where appropriate, transition into
operational use artificial intelligence and machine
learning throughout the Coast Guard.
(c) Strategic Plan.--
(1) In general.--The designated official shall develop a
strategic plan to coordinate activities relating to
identifying, demonstrating, and transitioning artificial
intelligence technologies into operational use where
appropriate.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) A strategic roadmap for the coordination of
data and artificial intelligence activities for the
identification, demonstration, and transition to
operational use, where appropriate, artificial
intelligence technologies and key enabling
capabilities.
(B) The continuous identification, evaluation, and
adaptation of relevant artificial intelligence
capabilities adopted by the Coast Guard and developed
and adopted by other organizations for military
missions and business operations.
(C) Consideration of the identification, adoption,
and procurement of artificial intelligence technologies
for use in operational and mission support activities.
(3) Submission to commandant.--Not later than 2 years after
the date of enactment of this Act, the designated official
shall submit to the Commandant the plan developed under
paragraph (1).
(4) Submission to congress.--Not later than 2 years after
the date of enactment of this Act, the Commandant shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives the plan
developed under paragraph (1).
SEC. 11227. REVIEW OF ARTIFICIAL INTELLIGENCE APPLICATIONS AND
ESTABLISHMENT OF PERFORMANCE METRICS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Commandant shall--
(1) review the potential applications of artificial
intelligence and digital technology to the platforms,
processes, and operations of the Coast Guard;
(2) identify the resources necessary to improve the use of
artificial intelligence and digital technology in such
platforms, processes, and operations; and
(3) establish performance objectives and accompanying
metrics for the incorporation of artificial intelligence and
digital readiness into such platforms, processes, and
operations.
(b) Performance Objectives and Accompanying Metrics.--
(1) Skill gaps.--In carrying out subsection (a), the
Commandant shall--
(A) conduct a comprehensive review and assessment
of--
(i) skill gaps in the fields of software
development, software engineering, data
science, and artificial intelligence;
(ii) the qualifications of civilian
personnel needed for both management and
specialist tracks in such fields; and
(iii) the qualifications of military
personnel (officer and enlisted) needed for
both management and specialist tracks in such
fields; and
(B) establish recruiting, training, and talent
management performance objectives and accompanying
metrics for achieving and maintaining staffing levels
needed to fill identified gaps and meet the needs of
the Coast Guard for skilled personnel.
(2) AI modernization activities.--In carrying out
subsection (a), the Commandant shall--
(A) assess investment by the Coast Guard in
artificial intelligence innovation, science and
technology, and research and development;
(B) assess investment by the Coast Guard in test
and evaluation of artificial intelligence capabilities;
(C) assess the integration of, and the resources
necessary to better use artificial intelligence in
wargames, exercises, and experimentation;
(D) assess the application of, and the resources
necessary to better use, artificial intelligence in
logistics and sustainment systems;
(E) assess the integration of, and the resources
necessary to better use, artificial intelligence for
administrative functions;
(F) establish performance objectives and
accompanying metrics for artificial intelligence
modernization activities of the Coast Guard; and
(G) identify the resources necessary to effectively
use artificial intelligence to carry out the missions
of the Coast Guard.
(c) Report to Congress.--Not later than 180 days after the
completion of the review required under subsection (a)(1), the
Commandant shall submit to the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the Senate and
the Committee on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives a report on--
(1) the findings of the Commandant with respect to such
review and any action taken or proposed to be taken by the
Commandant, and the resources necessary to address such
findings;
(2) the performance objectives and accompanying metrics
established under subsections (a)(3) and (b)(1)(B); and
(3) any recommendation with respect to proposals for
legislative change necessary to successfully implement
artificial intelligence applications within the Coast Guard.
SEC. 11228. CYBER DATA MANAGEMENT.
(a) In General.--The Commandant and the Director of the
Cybersecurity and Infrastructure Security Agency shall--
(1) develop policies, processes, and operating procedures
governing--
(A) access to and the ingestion, structure,
storage, and analysis of information and data relevant
to the Coast Guard Cyber Mission, including--
(i) intelligence data relevant to Coast
Guard missions;
(ii) internet traffic, topology, and
activity data relevant to such missions; and
(iii) cyber threat information relevant to
such missions; and
(B) data management and analytic platforms relating
to such missions; and
(2) evaluate data management platforms referred to in
paragraph (1)(B) to ensure that such platforms operate
consistently with the Coast Guard Data Strategy.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Commandant shall submit to the Committee on Commerce,
Science, and Transportation and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Transportation
and Infrastructure and the Committee on Homeland Security of the House
of Representatives a report that includes--
(1) an assessment of the progress on the activities
required by subsection (a); and
(2) any recommendation with respect to funding or
additional authorities necessary, including proposals for
legislative change, to improve Coast Guard cyber data
management.
SEC. 11229. DATA MANAGEMENT.
Section 504(a) of title 14, United States Code, is amended--
(1) in paragraph (24) by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (25) by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(26) develop data workflows and processes for the
leveraging of mission-relevant data by the Coast Guard to
enhance operational effectiveness and efficiency.''.
SEC. 11230. STUDY ON CYBER THREATS TO UNITED STATES MARINE
TRANSPORTATION SYSTEM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall
commence a study on cyber threats to the United States marine
transportation system.
(b) Elements.--The study required under paragraph (1) shall assess
the following:
(1) The extent to which the Coast Guard, in collaboration
with other Federal agencies, sets standards for the
cybersecurity of facilities and vessels regulated under part
104, 105, or 106 of title 33, Code of Federal Regulations, as
in effect on the date of enactment of this Act.
(2) The manner in which the Coast Guard ensures
cybersecurity standards are followed by port, vessel, and
facility owners and operators.
(3) The extent to which maritime sector-specific planning
addresses cybersecurity, particularly for vessels and offshore
platforms.
(4) The manner in which the Coast Guard, other Federal
agencies, and vessel and offshore platform operators exchange
information regarding cyber risks.
(5) The extent to which the Coast Guard is developing and
deploying cybersecurity specialists in port and vessel systems
and collaborating with the private sector to increase the
expertise of the Coast Guard with respect to cybersecurity.
(6) The cyber resource and workforce needs of the Coast
Guard necessary to meet future mission demands.
(c) Report.--Not later than 1 year after commencing the study
required under subsection (a), the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
(d) Facility Defined.--In this section, the term ``facility'' has
the meaning given the term in section 70101 of title 46, United States
Code.
Subtitle E--Aviation
SEC. 11231. SPACE-AVAILABLE TRAVEL ON COAST GUARD AIRCRAFT: PROGRAM
AUTHORIZATION AND ELIGIBLE RECIPIENTS.
(a) In General.--Subchapter I of chapter 5 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 509. Space-available travel on Coast Guard aircraft
``(a) Establishment.--
``(1) In general.--The Commandant may establish a program
to provide transportation on Coast Guard aircraft on a space-
available basis to the categories of eligible individuals
described in subsection (c) (in this section referred to as the
`program').
``(2) Policy development.--Not later than 1 year after the
date on which the program is established, the Commandant shall
develop a policy for the operation of the program.
``(b) Operation of Program.--
``(1) In general.--The Commandant shall operate the program
in a budget-neutral manner.
``(2) Limitations.--
``(A) In general.--Except as provided in
subparagraph (B), no additional funds may be used, or
flight hours performed, for the purpose of providing
transportation under the program.
``(B) De minimis expenditures.--The Commandant may
make de minimis expenditures of resources required for
the administrative aspects of the program.
``(3) Reimbursement not required.--Eligible individuals
described in subsection (c) shall not be required to reimburse
the Coast Guard for travel provided under this section.
``(c) Categories of Eligible Individuals.--Subject to subsection
(d), the categories of eligible individuals described in this
subsection are the following:
``(1) Members of the armed forces on active duty.
``(2) Members of the Selected Reserve who hold a valid
Uniformed Services Identification and Privilege Card.
``(3) Retired members of a regular or reserve component of
the armed forces, including retired members of reserve
components who, but for being under the eligibility age
applicable under section 12731 of title 10, would be eligible
for retired pay under chapter 1223 of title 10.
``(4) Subject to subsection (f), veterans with a permanent
service-connected disability rated as total.
``(5) Such categories of dependents of individuals
described in paragraphs (1) through (3) as the Commandant shall
specify in the policy under subsection (a)(2), under such
conditions and circumstances as the Commandant shall specify in
such policy.
``(6) Such other categories of individuals as the
Commandant considers appropriate.
``(d) Requirements.--In operating the program, the Commandant
shall--
``(1) in the sole discretion of the Commandant, establish
an order of priority for transportation for categories of
eligible individuals that is based on considerations of
military necessity, humanitarian concerns, and enhancement of
morale;
``(2) give priority in consideration of transportation to
the demands of members of the armed forces in the regular
components and in the reserve components on active duty and to
the need to provide such members, and their dependents, a means
of respite from such demands; and
``(3) implement policies aimed at ensuring cost control (as
required under subsection (b)) and the safety, security, and
efficient processing of travelers, including limiting the
benefit under the program to 1 or more categories of otherwise
eligible individuals, as the Commandant considers necessary.
``(e) Transportation.--
``(1) In general.--Notwithstanding subsection (d)(1), in
establishing space-available transportation priorities under
the program, the Commandant shall provide transportation for an
individual described in paragraph (2), and a single dependent
of the individual if needed to accompany the individual, at a
priority level in the same category as the priority level for
an unaccompanied dependent over the age of 18 years traveling
on environmental and morale leave.
``(2) Individuals covered.--Subject to paragraph (3),
paragraph (1) applies with respect to an individual described
in subsection (c)(3) who--
``(A) resides in or is located in a Commonwealth or
possession of the United States; and
``(B) is referred by a military or civilian primary
care provider located in that Commonwealth or
possession to a specialty care provider for services to
be provided outside of such Commonwealth or possession.
``(3) Application to certain retired individuals.--If an
individual described in subsection (c)(3) is a retired member
of a reserve component who is ineligible for retired pay under
chapter 1223 of title 10 by reason of being under the
eligibility age applicable under section 12731 of title 10,
paragraph (1) applies to the individual only if the individual
is also enrolled in the TRICARE program for certain members of
the Retired Reserve authorized under section 1076e of title 10.
``(4) Priority.--The priority for space-available
transportation required by this subsection applies with respect
to--
``(A) the travel from the Commonwealth or
possession of the United States to receive the
specialty care services; and
``(B) the return travel.
``(5) Primary care provider and specialty care provider
defined.--In this subsection, the terms `primary care provider'
and `specialty care provider' refer to a medical or dental
professional who provides health care services under chapter 55
of title 10.
``(f) Limitations on Travel.--
``(1) In general.--Travel may not be provided under this
section to a veteran eligible for travel pursuant to paragraph
(4) of subsection (c) in priority over any member eligible for
travel under paragraph (1) of that subsection or any dependent
of such a member eligible for travel under this section.
``(2) Rule of construction.--Subsection (c)(4) may not be
construed as--
``(A) affecting or in any way imposing on the Coast
Guard, any armed force, or any commercial entity with
which the Coast Guard or an armed force contracts, an
obligation or expectation that the Coast Guard or such
armed force will retrofit or alter, in any way,
military aircraft or commercial aircraft, or related
equipment or facilities, used or leased by the Coast
Guard or such armed force to accommodate passengers
provided travel under such authority on account of
disability; or
``(B) preempting the authority of an aircraft
commander to determine who boards the aircraft and any
other matters in connection with safe operation of the
aircraft.
``(g) Application of Section.--The authority to provide
transportation under the program is in addition to any other authority
under law to provide transportation on Coast Guard aircraft on a space-
available basis.''.
(b) Clerical Amendment.--The analysis for chapter 5 of title 14,
United States Code, is amended by inserting after the item relating to
section 508 the following:
``509. Space-available travel on Coast Guard aircraft.''.
SEC. 11232. REPORT ON COAST GUARD AIR STATION BARBERS POINT HANGAR.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation and the Committee on
Appropriations of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Appropriations of the House of
Representatives a report on facilities requirements for constructing a
hangar at Coast Guard Air Station Barbers Point at Oahu, Hawaii.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the--
(A) $45,000,000 phase one design for the hangar at
Coast Guard Air Station Barbers Point funded by the
Consolidated Appropriations Act, 2021 (Public Law 116-
260; 134 Stat. 1132); and
(B) phase two facility improvements referenced in
the U.S. Coast Guard Unfunded Priority List for fiscal
year 2023.
(2) An evaluation of the full facilities requirements for
such hangar and maintenance facility improvements to house,
maintain, and operate the MH-65 and HC-130J, including--
(A) storage and provision of fuel; and
(B) maintenance and parts storage facilities.
(3) An evaluation of facilities growth requirements for
possible future basing of the MH-60 with the C-130J at Coast
Guard Air Station Barbers Point.
(4) A description of and cost estimate for each project
phase for the construction of such hangar and maintenance
facility improvements.
(5) A description of the plan for sheltering in the hangar
during extreme weather events aircraft of the Coast Guard and
partner agencies, such as the National Oceanic and Atmospheric
Administration.
(6) A description of the risks posed to operations at Coast
Guard Air Station Barbers Point if future project phases for
the construction of such hangar are not funded.
SEC. 11233. STUDY ON OPERATIONAL AVAILABILITY OF COAST GUARD AIRCRAFT
AND STRATEGY FOR COAST GUARD AVIATION.
(a) Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall commence a study on the operational availability
of Coast Guard aircraft.
(2) Elements.--The study required under paragraph (1) shall
include the following:
(A) An assessment of--
(i) the extent to which the fixed-wing and
rotary-wing aircraft of the Coast Guard have
met annual operational availability targets in
recent years;
(ii) the challenges the Coast Guard may
face with respect to such aircraft meeting
operational availability targets, and the
effects of such challenges on the ability of
the Coast Guard to meet mission requirements;
and
(iii) the status of Coast Guard efforts to
upgrade or recapitalize its fleet of such
aircraft to meet growth in future mission
demands globally, such as in the Western
Hemisphere, the Arctic region, and the Western
Pacific region.
(B) Any recommendation with respect to the
operational availability of Coast Guard aircraft.
(C) The resource and workforce requirements
necessary for Coast Guard Aviation to meet current and
future mission demands specific to each rotary-wing and
fixed-wing airframe type in the current inventory of
the Coast Guard.
(3) Report.--On completion of the study required under
paragraph (1), the Comptroller General shall submit to the
Commandant a report on the findings of the study.
(b) Coast Guard Aviation Strategy.--
(1) In general.--Not later than 180 days after the date on
which the study under subsection (a) is completed, the
Commandant shall develop a comprehensive strategy for Coast
Guard Aviation that is informed by the relevant recommendations
and findings of the study.
(2) Elements.--The strategy required under paragraph (1)
shall include the following:
(A) With respect to aircraft of the Coast Guard--
(i) an analysis of--
(I) the current and future
operations and future resource needs,
including the potential need for a
second rotary wing airframe to carry
out cutter-based operations and
National Capital Region air
interdiction mission; and
(II) the manner in which such
future needs are integrated with the
Future Vertical Lift initiatives of the
Department of Defense; and
(ii) an estimated timeline with respect to
when such future needs will arise.
(B) The projected number of aviation assets, the
locations at which such assets are to be stationed, the
cost of operation and maintenance of such assets, and
an assessment of the capabilities of such assets as
compared to the missions they are expected to execute,
at the completion of major procurement and
modernization plans.
(C) A procurement plan, including an estimated
timetable and the estimated appropriations necessary
for all platforms, including unmanned aircraft.
(D) A training plan for pilots and aircrew that
addresses--
(i) the use of simulators owned and
operated by the Coast Guard, and simulators
that are not owned or operated by the Coast
Guard, including any such simulators based
outside the United States; and
(ii) the costs associated with attending
training courses.
(E) Current and future requirements for cutter and
land-based deployment of aviation assets globally,
including in the Arctic, the Eastern Pacific, the
Western Pacific, the Caribbean, the Atlantic Basin, and
any other area the Commandant considers appropriate.
(F) A description of the feasibility of deploying,
and the resource requirements necessary to deploy,
rotary-winged assets onboard all future Arctic cutter
patrols.
(G) An evaluation of current and future facilities
needs for Coast Guard aviation units.
(H) An evaluation of pilot and aircrew training and
retention needs, including aviation career incentive
pay, retention bonuses, and any other workforce tools
the Commandant considers necessary.
(3) Briefing.--Not later than 180 days after the date on
which the strategy required under paragraph (1) is completed,
the Commandant shall provide to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a briefing on the strategy.
Subtitle F--Workforce Readiness
SEC. 11234. AUTHORIZED STRENGTH.
Section 3702 of title 14, United States Code, is amended by adding
at the end the following:
``(c) The Secretary may vary the authorized end strength of the
Coast Guard Selected Reserves for a fiscal year by a number equal to
not more than 3 percent of such end strength upon a determination by
the Secretary that varying such authorized end strength is in the
national interest.
``(d) The Commandant may increase the authorized end strength of
the Coast Guard Selected Reserves by a number equal to not more than 2
percent of such authorized end strength upon a determination by the
Commandant that such increase would enhance manning and readiness in
essential units or in critical specialties or ratings.''.
SEC. 11235. CONTINUATION OF OFFICERS WITH CERTAIN CRITICAL SKILLS ON
ACTIVE DUTY.
(a) In General.--Chapter 21 of title 14, United States Code, is
amended by inserting after section 2165 the following:
``Sec. 2166. Continuation on active duty; Coast Guard officers with
certain critical skills
``(a) In General.--The Commandant may authorize an officer in a
grade above grade O-2 to remain on active duty after the date otherwise
provided for the retirement of such officer in section 2154 of this
title, if the officer possesses a critical skill, or specialty, or is
in a career field designated pursuant to subsection (b).
``(b) Critical Skills, Specialty, or Career Field.--The Commandant
shall designate any critical skill, specialty, or career field eligible
for continuation on active duty as provided in subsection (a).
``(c) Duration of Continuation.--An officer continued on active
duty pursuant to this section shall, if not earlier retired, be retired
on the first day of the month after the month in which the officer
completes 40 years of active service.
``(d) Policy.--The Commandant shall carry out this section by
prescribing policy which shall specify the criteria to be used in
designating any critical skill, specialty, or career field for purposes
of subsection (b).''.
(b) Clerical Amendment.--The analysis for chapter 21 of title 14,
United States Code, is amended by inserting after the item relating to
section 2165 the following:
``2166. Continuation on active duty; Coast Guard officers with certain
critical skills.''.
SEC. 11236. NUMBER AND DISTRIBUTION OF OFFICERS ON ACTIVE DUTY
PROMOTION LIST.
(a) Maximum Number of Officers.--Section 2103(a) of title 14,
United States Code, is amended to read as follows:
``(a) Maximum Total Number.--
``(1) In general.--The total number of Coast Guard
commissioned officers on the active duty promotion list,
excluding warrant officers, shall not exceed--
``(A) 7,100 in fiscal year 2022;
``(B) 7,200 in fiscal year 2023;
``(C) 7,300 in fiscal year 2024; and
``(D) 7,400 in fiscal year 2025 and each subsequent
fiscal year.
``(2) Temporary increase.--Notwithstanding paragraph (1),
the Commandant may temporarily increase the total number of
commissioned officers permitted under such paragraph by up to 4
percent for not more than 60 days after the date of the
commissioning of a Coast Guard Academy class.
``(3) Notification.--Not later than 30 days after exceeding
the total number of commissioned officers permitted under
paragraphs (1) and (2), and each 30 days thereafter until the
total number of commissioned officers no longer exceeds the
number of such officers permitted under paragraphs (1) and (2),
the Commandant shall notify the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate of the number of officers on the active duty promotion
list on the last day of the preceding 30-day period.''.
(b) Officers Not on Active Duty Promotion List.--
(1) In general.--Chapter 51 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 5113. Officers not on active duty promotion list
``Not later than 60 days after the date on which the President
submits to Congress a budget pursuant to section 1105 of title 31, the
Commandant shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate the number of Coast
Guard officers serving at other Federal entities on a reimbursable
basis, and the number of Coast Guard officers who are serving at other
Federal agencies on a non-reimbursable basis, but not on the active
duty promotion list.''.
(2) Clerical amendment.--The analysis for chapter 51 of
title 14, United States Code, is amended by adding at the end
the following:
``5113. Officers not on active duty promotion list.''.
SEC. 11237. CAREER INCENTIVE PAY FOR MARINE INSPECTORS.
(a) Authority To Provide Assignment Pay or Special Duty Pay.--The
Secretary may provide assignment pay or special duty pay under section
352 of title 37, United States Code, to a member of the Coast Guard
serving in a prevention position and assigned as a marine inspector or
marine investigator pursuant to section 312 of title 14, United States
Code.
(b) Annual Briefing.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Secretary
shall provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a briefing on any uses of the authority under
subsection (a) during the preceding year.
(2) Elements.--Each briefing required under paragraph (1)
shall include the following:
(A) The number of members of the Coast Guard
serving as marine inspectors or marine investigators
pursuant to section 312 of title 14, United States
Code, who are receiving assignment pay or special duty
pay under section 352 of title 37, United States Code.
(B) An assessment of the impact of the use of the
authority under this section on the effectiveness and
efficiency of the Coast Guard in administering the laws
and regulations for the promotion of safety of life and
property on and under the high seas and waters subject
to the jurisdiction of the United States.
(C) An assessment of the effects of assignment pay
and special duty pay on retention of marine inspectors
and investigators.
(D) If the authority provided in subsection (a) is
not exercised, a detailed justification for not
exercising such authority, including an explanation of
the efforts the Secretary is taking to ensure that the
Coast Guard workforce contains an adequate number of
qualified marine inspectors.
(c) Study.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in coordination with the
Director of the National Institute for Occupational Safety and
Health, shall conduct a study on the health of marine
inspectors and marine investigators who have served as such
inspectors or investigators for a period of not less than 10
years.
(2) Elements.--The study required under paragraph (1) shall
include the following:
(A) An evaluation of--
(i) the daily vessel inspection duties of
marine inspectors and marine investigators,
including the examination of internal cargo
tanks and voids and new construction
activities;
(ii) major incidents to which marine
inspectors and marine investigators have had to
respond, and any other significant incident,
such as a vessel casualty, that has resulted in
the exposure of marine inspectors and marine
investigators to hazardous chemicals or
substances; and
(iii) the types of hazardous chemicals or
substances to which marine inspectors and
marine investigators have been exposed relative
to the effects such chemicals or substances
have had on marine inspectors and marine
investigators.
(B) A review and analysis of the current Coast
Guard health and safety monitoring systems, and
recommendations for improving such systems,
specifically with respect to the exposure of members of
the Coast Guard to hazardous substances while carrying
out inspections and investigation duties.
(C) Any other element the Secretary considers
appropriate.
(3) Report.--Upon completion of the study required under
paragraph (1), the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study and
recommendations for actions the Commandant should take to
improve the health and exposure of marine inspectors and marine
investigators.
(d) Termination.--The authority provided by subsection (a) shall
terminate on December 31, 2028.
SEC. 11238. EXPANSION OF ABILITY FOR SELECTION BOARD TO RECOMMEND
OFFICERS OF PARTICULAR MERIT FOR PROMOTION.
Section 2116(c)(1) of title 14, United States Code, is amended, in
the second sentence, by inserting ``three times'' after ``may not
exceed''.
SEC. 11239. MODIFICATION TO EDUCATION LOAN REPAYMENT PROGRAM.
(a) In General.--Section 2772 of title 14, United States Code, is
amended to read as follows:
``Sec. 2772. Education loan repayment program for members on active
duty in specified military specialties
``(a) In General.--
``(1) Repayment.--Subject to the provisions of this
section, the Secretary may repay--
``(A) any loan made, insured, or guaranteed
under part B of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1071 et seq.);
``(B) any loan made under part D of such
title (the William D. Ford Federal Direct Loan
Program, 20 U.S.C. 1087a et seq.);
``(C) any loan made under part E of such
title (20 U.S.C. 1087aa et seq.); or
``(D) any loan incurred for educational
purposes made by a lender that is--
``(i) an agency or instrumentality
of a State;
``(ii) a financial or credit
institution (including an insurance
company) that is subject to examination
and supervision by an agency of the
United States or any State;
``(iii) a pension fund approved by
the Secretary for purposes of this
section; or
``(iv) a nonprofit private entity
designated by a State, regulated by
such State, and approved by the
Secretary for purposes of this section.
``(2) Requirement.--Repayment of any such loan shall be
made on the basis of each complete year of service performed by
the borrower.
``(3) Eligibility.--The Secretary may repay loans described
in paragraph (1) in the case of any person for service
performed on active duty as a member in an officer program or
military specialty specified by the Secretary.
``(b) Amount.--The portion or amount of a loan that may be repaid
under subsection (a) is 33\1/3\ percent or $1,500, whichever is
greater, for each year of service.
``(c) Interest Accrual.--If a portion of a loan is repaid under
this section for any year, interest on the remainder of such loan shall
accrue and be paid in the same manner as is otherwise required.
``(d) Rule of Construction.--Nothing in this section shall be
construed to authorize refunding any repayment of a loan.
``(e) Fractional Credit for Transfer.--An individual who transfers
from service making the individual eligible for repayment of loans
under this section (as described in subsection (a)(3)) to service
making the individual eligible for repayment of loans under section
16301 of title 10 (as described in subsection (a)(2) or (g) of that
section) during a year shall be eligible to have repaid a portion of
such loan determined by giving appropriate fractional credit for each
portion of the year so served, in accordance with regulations of the
Secretary concerned.
``(f) Schedule for Allocation.--The Secretary shall prescribe a
schedule for the allocation of funds made available to carry out the
provisions of this section and section 16301 of title 10 during any
year for which funds are not sufficient to pay the sum of the amounts
eligible for repayment under subsection (a) and section 16301(a) of
title 10.
``(g) Failure to Complete Period of Service.--Except an individual
described in subsection (e) who transfers to service making the
individual eligible for repayment of loans under section 16301 of title
10, a member of the Coast Guard who fails to complete the period of
service required to qualify for loan repayment under this section shall
be subject to the repayment provisions of section 303a(e) or 373 of
title 37.
``(h) Authority to Issue Regulations.--The Secretary may prescribe
procedures for implementing this section, including standards for
qualified loans and authorized payees and other terms and conditions
for making loan repayments. Such regulations may include exceptions
that would allow for the payment as a lump sum of any loan repayment
due to a member under a written agreement that existed at the time of a
member's death or disability.''.
(b) Clerical Amendment.--The analysis for chapter 27 of title 14,
United States Code, is amended by striking the item relating to section
2772 and inserting the following:
``2772. Education loan repayment program for members on active duty in
specified military specialties.''.
SEC. 11240. RETIREMENT OF VICE COMMANDANT.
Section 303 of title 14, United States Code, is amended--
(1) by amending subsection (a)(2) to read as follows:
``(2) A Vice Commandant who is retired while serving as Vice
Commandant, after serving not less than 2 years as Vice Commandant,
shall be retired with the grade of admiral, except as provided in
section 306(d).''; and
(2) in subsection (c) by striking ``or Vice Commandant''
and inserting ``or as an officer serving as Vice Commandant who
has served less than 2 years as Vice Commandant''.
SEC. 11241. REPORT ON RESIGNATION AND RETIREMENT PROCESSING TIMES AND
DENIAL.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, and annually thereafter, the Commandant shall submit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report that evaluates resignation and retirement
processing timelines.
(b) Elements.--The report required under subsection (a) shall
include, for the preceding calendar year--
(1) statistics on the number of resignations, retirements,
and other separations that occurred;
(2) the processing time for each action described in
paragraph (1);
(3) the percentage of requests for such actions that had a
command endorsement;
(4) the percentage of requests for such actions that did
not have a command endorsement; and
(5) for each denial of a request for a command endorsement
and each failure to take action on such a request, a detailed
description of the rationale for such denial or failure to take
such action.
SEC. 11242. CALCULATION OF ACTIVE SERVICE.
(a) In General.--Subchapter I of chapter 25 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 2515. Calculation of active service
``Any service described, including service described prior to the
date of enactment of the Don Young Coast Guard Authorization Act of
2022, in writing, including by electronic communication, by a
representative of the Coast Guard Personnel Service Center as service
that counts toward total active service for regular retirement under
section 2152 or section 2306 shall be considered by the President as
active service for purposes of applying section 2152 or section 2306
with respect to the determination of the retirement qualification for
any officer or enlisted member to whom a description was provided.''.
(b) Clerical Amendment.--The analysis for chapter 25 of title 14,
United States Code, is amended by inserting after the item relating to
section 2515 the following:
``2515. Calculation of active service.''.
(c) Rule of Construction.--The amendment made by subsection (a)--
(1) shall only apply to officers of the Coast Guard that
entered active service after January 1, 1997, temporarily
separated for a period of time, and have retired from the Coast
Guard before January 1, 2024; and
(2) shall not apply to any member of any other uniformed
service, or to any Coast Guard member regarding active service
of the member in any other uniformed service.
SEC. 11243. PHYSICAL DISABILITY EVALUATION SYSTEM PROCEDURE REVIEW.
(a) Study.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall complete a study on the Coast Guard Physical
Disability Evaluation System and medical retirement procedures.
(2) Elements.--In completing the study required under
paragraph (1), the Comptroller General shall review, and
provide recommendations to address, the following:
(A) Coast Guard compliance with all applicable
laws, regulations, and policies relating to the
Physical Disability Evaluation System and the Medical
Evaluation Board.
(B) Coast Guard compliance with timelines set forth
in--
(i) the instruction of the Commandant
entitled ``Physical Disability Evaluation
System'' issued on May 19, 2006 (COMDTNST
M1850.2D); and
(ii) the Physical Disability Evaluation
System Transparency Initiative (ALCGPSC 030/
20).
(C) An evaluation of Coast Guard processes in place
to ensure the availability, consistency, and
effectiveness of counsel appointed by the Coast Guard
Office of the Judge Advocate General to represent
members of the Coast Guard undergoing an evaluation
under the Physical Disability Evaluation System.
(D) The extent to which the Coast Guard has and
uses processes to ensure that such counsel may perform
the functions of such counsel in a manner that is
impartial, including being able to perform such
functions without undue pressure or interference by the
command of the affected member of the Coast Guard, the
Personnel Service Center, and the Coast Guard Office of
the Judge Advocate General.
(E) The frequency, including the frequency
aggregated by member pay grade, with which members of
the Coast Guard seek private counsel in lieu of counsel
appointed by the Coast Guard Office of the Judge
Advocate General.
(F) The timeliness of determinations, guidance, and
access to medical evaluations necessary for retirement
or rating determinations and overall well-being of the
affected member of the Coast Guard.
(G) The guidance, formal or otherwise, provided by
the Personnel Service Center and the Coast Guard Office
of the Judge Advocate General, other than the counsel
directly representing affected members of the Coast
Guard, in communication with medical personnel
examining members.
(H) The guidance, formal or otherwise, provided by
the medical professionals reviewing cases within the
Physical Disability Evaluation System to affected
members of the Coast Guard, and the extent to which
such guidance is disclosed to the commanders,
commanding officers, or other members of the Coast
Guard in the chain of command of such affected members.
(I) The feasibility of establishing a program to
allow members of the Coast Guard to select an expedited
review to ensure completion of the Medical Evaluation
Board report not later than 180 days after the date on
which such review was initiated.
(b) Report.--The Comptroller General shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study conducted under
subsection (a) and recommendations for improving the Physical
Disability Evaluation System process.
(c) Updated Policy Guidance.--
(1) In general.--Not later than 180 days after the date on
which the report under subsection (b) is submitted, the
Commandant shall issue updated policy guidance in response to
the findings and recommendations contained in the report.
(2) Elements.--The updated policy guidance required under
paragraph (1) shall include the following:
(A) A requirement that a member of the Coast Guard,
or the counsel of such a member, shall be informed of
the contents of, and afforded the option to be present
for, any communication between the member's command and
the Personnel Service Center, or other Coast Guard
entity, with respect to the duty status of the member.
(B) An exception to the requirement described in
subparagraph (A) that such a member, or the counsel of
the member, is not required to be informed of the
contents of such a communication if it is demonstrated
that there is a legitimate health or safety need for
the member to be excluded from such communications,
supported by a medical opinion that such exclusion is
necessary for the health or safety of the member,
command, or any other individual.
(C) An option to allow a member of the Coast Guard
to initiate an evaluation by a Medical Evaluation Board
if a Coast Guard healthcare provider, or other military
healthcare provider, has raised a concern about the
ability of the member to continue serving in the Coast
Guard, in accordance with existing medical and physical
disability policy.
(D) An updated policy to remove the command
endorsement requirement for retirement or separation
unless absolutely necessary for the benefit of the
United States.
SEC. 11244. EXPANSION OF AUTHORITY FOR MULTIRATER ASSESSMENTS OF
CERTAIN PERSONNEL.
(a) In General.--Section 2182(a) of title 14, United States Code,
is amended by striking paragraph (2) and inserting the following:
``(2) Officers.--Each officer of the Coast Guard shall
undergo a multirater assessment before promotion to--
``(A) the grade of O-4;
``(B) the grade of O-5; and
``(C) the grade of O-6.
``(3) Enlisted members.--Each enlisted member of the Coast
Guard shall undergo a multirater assessment before advancement
to--
``(A) the grade of E-7;
``(B) the grade of E-8;
``(C) the grade of E-9; and
``(D) the grade of E-10.
``(4) Selection.--An individual assessed shall not be
permitted to select the peers and subordinates who provide
opinions for the multirater assessment of such individual.
``(5) Post-assessment elements.--
``(A) In general.--Following an assessment of an
individual pursuant to paragraphs (1) through (3), the
individual shall be provided appropriate post-
assessment counseling and leadership coaching.
``(B) Availability of results.--The supervisor of
the individual assessed shall be provided with the
results of the multirater assessment.''.
(b) Cost Assessment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commandant shall provide to the
appropriate committees of Congress an estimate of the costs
associated with implementing the amendment made by subsection
(a).
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of
the Senate; and
(B) the Committee on Transportation and
Infrastructure and the Committee on Appropriations of
the House of Representatives.
SEC. 11245. PROMOTION PARITY.
(a) Information To Be Furnished.--Section 2115(a) of title 14,
United States Code, is amended--
(1) in paragraph (1) by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) in the case of an eligible officer considered for
promotion to a rank above lieutenant, any credible information
of an adverse nature, including any substantiated adverse
finding or conclusion from an officially documented
investigation or inquiry and any information placed in the
personnel service record of the officer under section 1745(a)
of the National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 10 U.S.C. 1561 note), shall be furnished to
the selection board in accordance with standards and procedures
set out in the regulations prescribed by the Secretary.''.
(b) Special Selection Review Boards.--
(1) In general.--Subchapter I of chapter 21 of title 14,
United States Code, is amended by inserting after section 2120
the following:
``Sec. 2120a. Special selection review boards
``(a) In General.--(1) If the Secretary determines that a person
recommended by a promotion board for promotion to a grade at or below
the grade of rear admiral is the subject of credible information of an
adverse nature, including any substantiated adverse finding or
conclusion described in section 2115(a)(3) of this title that was not
furnished to the promotion board during its consideration of the person
for promotion as otherwise required by such section, the Secretary
shall convene a special selection review board under this section to
review the person and recommend whether the recommendation for
promotion of the person should be sustained.
``(2) If a person and the recommendation for promotion of the
person is subject to review under this section by a special selection
review board convened under this section, the name of the person--
``(A) shall not be disseminated or publicly released on the
list of officers recommended for promotion by the promotion
board recommending the promotion of the person; and
``(B) shall not be forwarded to the President or the
Senate, as applicable, or included on a promotion list under
section 2121 of this title.
``(b) Convening.--(1) Any special selection review board convened
under this section shall be convened in accordance with the provisions
of section 2120(c) of this title.
``(2) Any special selection review board convened under this
section may review such number of persons, and recommendations for
promotion of such persons, as the Secretary shall specify in convening
such special selection review board.
``(c) Information Considered.--(1) In reviewing a person and
recommending whether the recommendation for promotion of the person
should be sustained under this section, a special selection review
board convened under this section shall be furnished and consider the
following:
``(A) The record and information concerning the person
furnished in accordance with section 2115 of this title to the
promotion board that recommended the person for promotion.
``(B) Any credible information of an adverse nature on the
person, including any substantiated adverse finding or
conclusion from an officially documented investigation or
inquiry described in section 2115(a)(3) of this title.
``(2) The furnishing of information to a special selection review
board under paragraph (1)(B) shall be governed by the standards and
procedures referred to in section 2115 of this title.
``(3)(A) Before information on a person described in paragraph
(1)(B) is furnished to a special selection review board for purposes of
this section, the Secretary shall ensure that--
``(i) such information is made available to the person; and
``(ii) subject to subparagraphs (C) and (D), the person is
afforded a reasonable opportunity to submit comments on such
information to the special selection review board before its
review of the person and the recommendation for promotion of
the person under this section.
``(B) If information on a person described in paragraph (1)(B) is
not made available to the person as otherwise required by subparagraph
(A)(i) due to the classification status of such information, the person
shall, to the maximum extent practicable, be furnished a summary of
such information appropriate to the person's authorization for access
to classified information.
``(C)(i) An opportunity to submit comments on information is not
required for a person under subparagraph (A)(ii) if--
``(I) such information was made available to the person in
connection with the furnishing of such information under
section 2115(a) of this title to the promotion board that
recommended the promotion of the person subject to review under
this section; and
``(II) the person submitted comments on such information to
that promotion board.
``(ii) The comments on information of a person described in clause
(i)(II) shall be furnished to the special selection review board.
``(D) A person may waive either or both of the following:
``(i) The right to submit comments to a special selection
review board under subparagraph (A)(ii).
``(ii) The furnishing of comments to a special selection
review board under subparagraph (C)(ii).
``(d) Consideration.--(1) In considering the record and information
on a person under this section, the special selection review board
shall compare such record and information with an appropriate sampling
of the records of those officers who were recommended for promotion by
the promotion board that recommended the person for promotion, and an
appropriate sampling of the records of those officers who were
considered by and not recommended for promotion by that promotion
board.
``(2) Records and information shall be presented to a special
selection review board for purposes of paragraph (1) in a manner that
does not indicate or disclose the person or persons for whom the
special selection review board was convened.
``(3) In considering whether the recommendation for promotion of a
person should be sustained under this section, a special selection
review board shall, to the greatest extent practicable, apply standards
used by the promotion board that recommended the person for promotion.
``(4) The recommendation for promotion of a person may be sustained
under this section only if the special selection review board
determines that the person--
``(A) ranks on an order of merit created by the special
selection review board as better qualified for promotion than
the sample officer highest on the order of merit list who was
considered by and not recommended for promotion by the
promotion board concerned; and
``(B) is comparable in qualification for promotion to those
sample officers who were recommended for promotion by that
promotion board.
``(5) A recommendation for promotion of a person may be sustained
under this section only by a vote of a majority of the members of the
special selection review board.
``(6) If a special selection review board does not sustain a
recommendation for promotion of a person under this section, the person
shall be considered to have failed of selection for promotion.
``(e) Reports.--(1) Each special selection review board convened
under this section shall submit to the Secretary a written report,
signed by each member of the board, containing the name of each person
whose recommendation for promotion it recommends for sustainment and
certifying that the board has carefully considered the record and
information of each person whose name was referred to it.
``(2) The provisions of sections 2117(a) of this title apply to the
report and proceedings of a special selection review board convened
under this section in the same manner as they apply to the report and
proceedings of a promotion board convened under section 2106 of this
title.
``(f) Appointment of Persons.--(1) If the report of a special
selection review board convened under this section recommends the
sustainment of the recommendation for promotion to the next higher
grade of a person whose name was referred to it for review under this
section, and the President approves the report, the person shall, as
soon as practicable, be appointed to that grade in accordance with
section 2121 of this title.
``(2) A person who is appointed to the next higher grade as
described in paragraph (1) shall, upon that appointment, have the same
date of rank, the same effective date for the pay and allowances of
that grade, and the same position on the active-duty list as the person
would have had pursuant to the original recommendation for promotion of
the promotion board concerned.
``(g) Regulations.--The Secretary shall prescribe regulations to
carry out this section.
``(h) Promotion Board Defined.--In this section, the term
`promotion board' means a selection board convened by the Secretary
under section 2106 of this title.''.
(2) Clerical amendment.--The analysis for chapter 21 of
title 14, United States Code, is amended by inserting after the
item relating to section 2120 the following:
``2120a. Special selection review boards.''.
(c) Availability of Information.--Section 2118 of title 14, United
States Code, is amended by adding at the end the following:
``(e) If the Secretary makes a recommendation under this section
that the name of an officer be removed from a report of a selection
board and the recommendation is accompanied by information that was not
presented to that selection board, that information shall be made
available to that officer. The officer shall then be afforded a
reasonable opportunity to submit comments on that information to the
officials making the recommendation and the officials reviewing the
recommendation. If an eligible officer cannot be given access to such
information because of its classification status, the officer shall, to
the maximum extent practicable, be provided with an appropriate summary
of the information.''.
(d) Delay of Promotion.--Section 2121(f) of title 14, United States
Code, is amended to read as follows:
``(f)(1) The promotion of an officer may be delayed without
prejudice if any of the following applies:
``(A) The officer is under investigation or proceedings of
a court-martial or a board of officers are pending against the
officer.
``(B) A criminal proceeding in a Federal or State court is
pending against the officer.
``(C) The Secretary determines that credible information of
an adverse nature, including a substantiated adverse finding or
conclusion described in section 2115(a)(3), with respect to the
officer will result in the convening of a special selection
review board under section 2120a of this title to review the
officer and recommend whether the recommendation for promotion
of the officer should be sustained.
``(2)(A) Subject to subparagraph (B), a promotion may be delayed
under this subsection until, as applicable--
``(i) the completion of the investigation or proceedings
described in subparagraph (A);
``(ii) a final decision in the proceeding described in
subparagraph (B) is issued; or
``(iii) the special selection review board convened under
section 2120a of this title issues recommendations with respect
to the officer.
``(B) Unless the Secretary determines that a further delay
is necessary in the public interest, a promotion may not be
delayed under this subsection for more than one year after the
date the officer would otherwise have been promoted.
``(3) An officer whose promotion is delayed under this subsection
and who is subsequently promoted shall be given the date of rank and
position on the active duty promotion list in the grade to which
promoted that he would have held had his promotion not been so
delayed.''.
SEC. 11246. PARTNERSHIP PROGRAM TO DIVERSIFY COAST GUARD.
(a) Establishment.--The Commandant shall establish a program for
the purpose of increasing the number of individuals in the enlisted
ranks of the Coast Guard who are--
(1) underrepresented minorities; or
(2) from rural areas.
(b) Partnerships.--In carrying out the program established under
subsection (a), the Commandant shall--
(1) seek to enter into 1 or more partnerships with eligible
institutions--
(A) to increase the visibility of Coast Guard
careers;
(B) to promote curriculum development--
(i) to enable acceptance into the Coast
Guard; and
(ii) to improve success on relevant exams,
such as the Armed Services Vocational Aptitude
Battery; and
(C) to provide mentoring for students entering and
beginning Coast Guard careers; and
(2) enter into a partnership with an existing Junior
Reserve Officers' Training Corps for the purpose of promoting
Coast Guard careers.
(c) Definitions.--In this section:
(1) Eligible institution.--The term ``eligible
institution'' means an institution--
(A) that is--
(i) an institution of higher education (as
such term is defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001));
or
(ii) a junior or community college (as such
term is defined in section 312 of the Higher
Education Act of 1965 (20 U.S.C. 1058); and
(B) that is--
(i) a part B institution (as such term is
defined in section 322 of the Higher Education
Act of 1965 (20 U.S.C. 1061));
(ii) a Tribal College or University (as
such term is defined in section 316(b) of such
Act (20 U.S.C. 1059c(b)));
(iii) a Hispanic-serving institution (as
such term is defined in section 502 of such Act
(20 U.S.C. 1101a));
(iv) an Alaska Native-serving institution
or a Native Hawaiian-serving institution (as
such term is defined in section 317(b) of such
Act (20 U.S.C. 1059d(b)));
(v) a Predominantly Black institution (as
such term is defined in section 371(c) of that
Act (20 U.S.C. 1067q(c)));
(vi) an Asian American and Native American
Pacific Islander-serving institution (as
defined in section 320(b) of such Act (20
U.S.C. 1059g(b))); or
(vii) a Native American-serving nontribal
institution (as defined in section 319(b) of
such Act (20 U.S.C. 1059f(b)).
(2) Rural area.--The term ``rural area'' means an area that
is outside of an urbanized area, as determined by the Bureau of
the Census.
SEC. 11247. EXPANSION OF COAST GUARD JUNIOR RESERVE OFFICERS' TRAINING
CORPS.
(a) In General.--Section 320 of title 14, United States Code, is
amended--
(1) by redesignating subsection (c) as subsection (d);
(2) in subsection (b) by striking ``subsection (c)'' and
inserting ``subsection (d)''; and
(3) by inserting after subsection (b) the following:
``(c) Scope.--Beginning on December 31, 2025, the Secretary of the
department in which the Coast Guard is operating shall maintain at all
times a Junior Reserve Officers' Training Corps program with not fewer
than 1 such program established in each Coast Guard district.''.
(b) Cost Assessment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall provide to Congress an
estimate of the costs associated with implementing the amendments made
by this section.
SEC. 11248. IMPROVING REPRESENTATION OF WOMEN AND RACIAL AND ETHNIC
MINORITIES AMONG COAST GUARD ACTIVE-DUTY MEMBERS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, in consultation with the Advisory Board on Women
at the Coast Guard Academy established under section 1904 of title 14,
United States Code, and the minority outreach team program established
by section 1905 of such title, the Commandant shall--
(1) determine which recommendations in the RAND
representation report may practicably be implemented to promote
improved representation in the Coast Guard of--
(A) women; and
(B) racial and ethnic minorities; and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the actions the Commandant has
taken, or plans to take, to implement such recommendations.
(b) Curriculum and Training.--In the case of any action the
Commandant plans to take to implement recommendations described in
subsection (a)(1) that relate to modification or development of
curriculum and training, such modified curriculum and trainings shall
be provided at--
(1) officer accession points, including the Coast Guard
Academy and the Leadership Development Center;
(2) enlisted member accession at the United States Coast
Guard Training Center Cape May in Cape May, New Jersey; and
(3) the officer, enlisted member, and civilian leadership
courses managed by the Leadership Development Center.
(c) Definition of RAND Representation Report.--In this section, the
term ``RAND representation report'' means the report of the Homeland
Security Operational Analysis Center of the RAND Corporation entitled
``Improving the Representation of Women and Racial/Ethnic Minorities
Among U.S. Coast Guard Active-Duty Members'', issued on August 11,
2021.
SEC. 11249. STRATEGY TO ENHANCE DIVERSITY THROUGH RECRUITMENT AND
ACCESSION.
(a) In General.--The Commandant shall develop a 10-year strategy to
enhance Coast Guard diversity through recruitment and accession--
(1) at educational institutions at the high school and
higher education levels; and
(2) for the officer and enlisted ranks.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the strategy
developed under subsection (a).
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) A description of existing Coast Guard
recruitment and accession programs at educational
institutions at the high school and higher education
levels.
(B) An explanation of the manner in which the
strategy supports the overall diversity and inclusion
action plan of the Coast Guard.
(C) A description of the manner in which existing
programs and partnerships will be modified or expanded
to enhance diversity in recruiting in high school and
institutions of higher education (as such term is
defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)) and accession.
SEC. 11250. SUPPORT FOR COAST GUARD ACADEMY.
(a) In General.--Subchapter II of chapter 9 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 953. Support for Coast Guard Academy
``(a) Authority.--
``(1) Contracts and cooperative agreements.--
``(A) In general.--The Commandant may enter
contract and cooperative agreements with 1 or more
qualified organizations for the purpose of supporting
the athletic programs of the Coast Guard Academy.
``(B) Authority.--Notwithstanding section 3201(e)
of title 10, the Commandant may enter into such
contracts and cooperative agreements on a sole source
basis pursuant to section 3204(a) of title 10.
``(C) Acquisitions.--Notwithstanding chapter 63 of
title 31, a cooperative agreement under this section
may be used to acquire property or services for the
direct benefit or use of the Coast Guard Academy.
``(2) Financial controls.--
``(A) In general.--Before entering into a contract
or cooperative agreement under paragraph (1), the
Commandant shall ensure that the contract or agreement
includes appropriate financial controls to account for
the resources of the Coast Guard Academy and the
qualified organization concerned in accordance with
accepted accounting principles.
``(B) Contents.--Any such contract or cooperative
agreement shall contain a provision that allows the
Commandant to review, as the Commandant considers
necessary, the financial accounts of the qualified
organization to determine whether the operations of the
qualified organization--
``(i) are consistent with the terms of the
contract or cooperative agreement; and
``(ii) would compromise the integrity or
appearance of integrity of any program of the
Department of Homeland Security.
``(3) Leases.--For the purpose of supporting the athletic
programs of the Coast Guard Academy, the Commandant may,
consistent with section 504(a)(13), rent or lease real property
located at the Coast Guard Academy to a qualified organization,
except that proceeds from such a lease shall be retained and
expended in accordance with subsection (f).
``(b) Support Services.--
``(1) Authority.--To the extent required by a contract or
cooperative agreement under subsection (a), the Commandant may
provide support services to a qualified organization while the
qualified organization conducts support activities at the Coast
Guard Academy only if the Commandant determines that the
provision of such services is essential for the support of the
athletic programs of the Coast Guard Academy.
``(2) No liability of the united states.--Support services
may only be provided without any liability of the United States
to a qualified organization.
``(3) Support services defined.--In this subsection, the
term `support services' includes utilities, office furnishings
and equipment, communications services, records staging and
archiving, audio and video support, and security systems, in
conjunction with the leasing or licensing of property.
``(c) Transfers From Nonappropriated Fund Operation.--
``(1) In general.--Except as provided in paragraph (2), the
Commandant may, subject to the acceptance of the qualified
organization concerned, transfer to the qualified organization
all title to and ownership of the assets and liabilities of the
Coast Guard nonappropriated fund instrumentality, the function
of which includes providing support for the athletic programs
of the Coast Guard Academy, including bank accounts and
financial reserves in the accounts of such fund
instrumentality, equipment, supplies, and other personal
property.
``(2) Limitation.--The Commandant may not transfer under
paragraph (1) any interest in real property.
``(d) Acceptance of Support From Qualified Organization.--
``(1) In general.--Notwithstanding section 1342 of title
31, the Commandant may accept from a qualified organization
funds, supplies, and services for the support of the athletic
programs of the Coast Guard Academy.
``(2) Employees of qualified organization.--For purposes of
this section, employees or personnel of the qualified
organization may not be considered to be employees of the
United States.
``(3) Funds received from ncaa.--The Commandant may accept
funds from the National Collegiate Athletic Association to
support the athletic programs of the Coast Guard Academy.
``(4) Limitation.--The Commandant shall ensure that
contributions under this subsection and expenditure of funds
pursuant to subsection (f) do not--
``(A) reflect unfavorably on the ability of the
Coast Guard, any employee of the Coast Guard, or any
member of the armed forces (as such term is defined in
section 101(a) of title 10) to carry out any
responsibility or duty in a fair and objective manner;
or
``(B) compromise the integrity or appearance of
integrity of any program of the Coast Guard, or any
individual involved in such a program.
``(e) Trademarks and Service Marks.--
``(1) Licensing, marketing, and sponsorship agreements.--An
agreement under subsection (a) may, consistent with section
2260 of title 10 (other than subsection (d) of such section),
authorize a qualified organization to enter into licensing,
marketing, and sponsorship agreements relating to trademarks
and service marks identifying the Coast Guard Academy, subject
to the approval of the Commandant.
``(2) Limitations.--A licensing, marketing, or sponsorship
agreement may not be entered into under paragraph (1) if--
``(A) such agreement would reflect unfavorably on
the ability of the Coast Guard, any employee of the
Coast Guard, or any member of the armed forces to carry
out any responsibility or duty in a fair and objective
manner; or
``(B) the Commandant determines that the use of the
trademark or service mark would compromise the
integrity or appearance of integrity of any program of
the Coast Guard or any individual involved in such a
program.
``(f) Retention and Use of Funds.--Funds received by the Commandant
under this section may be retained for use to support the athletic
programs of the Coast Guard Academy and shall remain available until
expended.
``(g) Conditions.--The authority provided in this section with
respect to a qualified organization is available only so long as the
qualified organization continues--
``(1) to operate in accordance with this section, the law
of the State of Connecticut, and the constitution and bylaws of
the qualified organization; and
``(2) to operate exclusively to support the athletic
programs of the Coast Guard Academy.
``(h) Qualified Organization Defined.--In this section, the term
`qualified organization' means an organization--
``(1) that operates as an organization under subsection
(c)(3) of section 501 of the Internal Revenue Code of 1986 and
exempt from taxation under subsection (a) of that section;
``(2) for which authorization under sections 1033(a) and
1589(a) of title 10 may be provided; and
``(3) established by the Coast Guard Academy Alumni
Association solely for the purpose of supporting Coast Guard
athletics.
``Sec. 954. Mixed-funded athletic and recreational extracurricular
programs
``(a) Authority.--In the case of a Coast Guard Academy mixed-funded
athletic or recreational extracurricular program, the Commandant may
designate funds appropriated to the Coast Guard and available for that
program to be treated as nonappropriated funds and expended for that
program in accordance with laws applicable to the expenditure of
nonappropriated funds. Appropriated funds so designated shall be
considered to be nonappropriated funds for all purposes and shall
remain available until expended.
``(b) Covered Programs.--In this section, the term `Coast Guard
Academy mixed-funded athletic or recreational extracurricular program'
means an athletic or recreational extracurricular program of the Coast
Guard Academy to which each of the following applies:
``(1) The program is not considered a morale, welfare, or
recreation program.
``(2) The program is supported through appropriated funds.
``(3) The program is supported by a nonappropriated fund
instrumentality.
``(4) The program is not a private organization and is not
operated by a private organization.''.
(b) Clerical Amendment.--The analysis for chapter 9 of title 14,
United States Code, is amended by inserting after the item relating to
section 952 the following:
``953. Support for Coast Guard Academy.
``954. Mixed-funded athletic and recreational extracurricular
programs.''.
SEC. 11251. TRAINING FOR CONGRESSIONAL AFFAIRS PERSONNEL.
(a) In General.--Section 315 of title 14, United States Code, is
amended to read as follows:
``Sec. 315. Training for congressional affairs personnel
``(a) In General.--The Commandant shall develop a training course,
which shall be administered in person, on the workings of Congress for
any member of the Coast Guard selected for a position as a fellow,
liaison, counsel, or administrative staff for the Coast Guard Office of
Congressional and Governmental Affairs or as any Coast Guard district
or area governmental affairs officer.
``(b) Course Subject Matter.--
``(1) In general.--The training course required under this
section shall provide an overview and introduction to Congress
and the Federal legislative process, including--
``(A) the congressional budget process;
``(B) the congressional appropriations process;
``(C) the congressional authorization process;
``(D) the Senate advice and consent process for
Presidential nominees;
``(E) the Senate advice and consent process for
treaty ratification;
``(F) the roles of Members of Congress and
congressional staff in the legislative process;
``(G) the concept and underlying purposes of
congressional oversight within the governance framework
of separation of powers;
``(H) the roles of Coast Guard fellows, liaisons,
counsels, governmental affairs officers, the Coast
Guard Office of Program Review, the Coast Guard
Headquarters program offices, and any other entity the
Commandant considers relevant; and
``(I) the roles and responsibilities of Coast Guard
public affairs and external communications personnel
with respect to Members of Congress and the staff of
such Members necessary to enhance communication between
Coast Guard units, sectors, and districts and Member
offices and committees of jurisdiction so as to ensure
visibility of Coast Guard activities.
``(2) Detail within coast guard office of budget and
programs.--
``(A) In general.--At the written request of a
receiving congressional office, the training course
required under this section shall include a multi-day
detail within the Coast Guard Office of Budget and
Programs to ensure adequate exposure to Coast Guard
policy, oversight, and requests from Congress.
``(B) Nonconsecutive detail permitted.--A detail
under this paragraph is not required to be consecutive
with the balance of the training.
``(c) Completion of Required Training.--A member of the Coast Guard
selected for a position described in subsection (a) shall complete the
training required by this section before the date on which such member
reports for duty for such position.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 14,
United States Code, is amended by striking the item relating to section
315 and inserting the following:
``315. Training for congressional affairs personnel.''.
SEC. 11252. STRATEGY FOR RETENTION OF CUTTERMEN.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall publish a strategy to
improve incentives to attract and retain a qualified workforce serving
on Coast Guard cutters that includes underrepresented minorities, and
servicemembers from rural areas, as such term is defined in section
54301(a)(12)(C) of title 46, United States Code.
(b) Elements.--The strategy required by subsection (a) shall
include the following:
(1) Policies to improve flexibility in the afloat career
path, including a policy that enables members of the Coast
Guard serving on Coast Guard cutters to transition between
operations afloat and operations ashore assignments without
detriment to the career progression of a member.
(2) A review of current officer requirements for afloat
assignments at each pay grade, and an assessment as to whether
such requirements are appropriate or present undue limitations.
(3) Strategies to improve crew comfort afloat, such as
berthing modifications to accommodate all crewmembers.
(4) Actionable steps to improve access to highspeed
internet capable of video conference for the purposes of
medical, educational, and personal use by members of the Coast
Guard serving on Coast Guard cutters.
(5) An assessment of the effectiveness of bonuses to
attract members to serve at sea and retain talented members of
the Coast Guard serving on Coast Guard cutters to serve as
leaders in senior enlisted positions, department head
positions, and command positions.
(6) Policies to ensure that high-performing members of the
Coast Guard serving on Coast Guard cutters are competitive for
special assignments, postgraduate education, senior service
schools, and other career-enhancing positions.
(c) Rule of Construction.--The Commandant shall ensure that the
elements described in subsection (b) do not result in discrimination
based on race, color, religion, sexual orientation, national origin, or
gender.
SEC. 11253. STUDY ON PERFORMANCE OF COAST GUARD FORCE READINESS
COMMAND.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall
commence a study on the performance of the Coast Guard Force Readiness
Command.
(b) Elements.--The study required under subsection (a) shall
include an assessment of the following:
(1) The actions the Force Readiness Command has taken to
develop and implement training for the Coast Guard workforce.
(2) The extent to which the Force Readiness Command--
(A) has made an assessment of performance, policy,
and training compliance across Force Readiness Command
headquarters and field units, and the results of any
such assessment; and
(B) is modifying and expanding Coast Guard training
to match the future demands of the Coast Guard with
respect to growth in workforce numbers, modernization
of assets and infrastructure, and increased global
mission demands relating to the Arctic and Western
Pacific regions and cyberspace.
(c) Report.--Not later than 1 year after the study required by
subsection (a) commences, the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
SEC. 11254. STUDY ON FREQUENCY OF WEAPONS TRAINING FOR COAST GUARD
PERSONNEL.
(a) In General.--The Commandant shall conduct a study to assess
whether current weapons training required for Coast Guard law
enforcement and other relevant personnel is sufficient.
(b) Elements.--The study required under subsection (a) shall--
(1) assess whether there is a need to improve weapons
training for Coast Guard law enforcement and other relevant
personnel; and
(2) identify--
(A) the frequency of such training most likely to
ensure adequate weapons training, proficiency, and
safety among such personnel;
(B) Coast Guard law enforcement and other
applicable personnel who should be prioritized to
receive such improved training; and
(C) any challenge posed by a transition to
improving such training and offering such training more
frequently, and the resources necessary to address such
a challenge.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Commandant shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the findings of the study conducted under subsection (a).
Subtitle G--Miscellaneous Provisions
SEC. 11255. MODIFICATION OF PROHIBITION ON OPERATION OR PROCUREMENT OF
FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS.
Section 8414 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 14 U.S.C.
1156 note) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Exemption.--The Commandant is exempt from the restriction
under subsection (a) if the operation or procurement is for the
purposes of--
``(1) counter-UAS system surrogate testing and training; or
``(2) intelligence, electronic warfare, and information
warfare operations, testing, analysis, and training.'';
(2) by amending subsection (c) to read as follows:
``(c) Waiver.--The Commandant may waive the restriction under
subsection (a) on a case-by-case basis by certifying in writing not
later than 15 days after exercising such waiver to the Department of
Homeland Security, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives that the operation or
procurement of a covered unmanned aircraft system is required in the
national interest of the United States.'';
(3) in subsection (d)--
(A) by amending paragraph (1) to read as follows:
``(1) Covered foreign country.--The term `covered foreign
country' means any of the following:
``(A) The People's Republic of China.
``(B) The Russian Federation.
``(C) The Islamic Republic of Iran.
``(D) The Democratic People's Republic of Korea.'';
(B) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
``(2) Covered unmanned aircraft system.--The term `covered
unmanned aircraft system' means an unmanned aircraft system
described in paragraph (1) of subsection (a).''; and
(D) in paragraph (4), as so redesignated, by
inserting ``, and any related services and equipment''
after ``United States Code''; and
(4) by adding at the end the following:
``(e) Replacement.--Not later than 90 days after the date of the
enactment of the Don Young Coast Guard Authorization Act of 2022, the
Commandant shall replace covered unmanned aircraft systems of the Coast
Guard with unmanned aircraft systems manufactured in the United States
or an allied country (as that term is defined in section 2350f(d)(1) of
title 10, United States Code).''.
SEC. 11256. BUDGETING OF COAST GUARD RELATING TO CERTAIN OPERATIONS.
(a) In General.--Chapter 51 of title 14, United States Code, is
further amended by adding at the end the following:
``Sec. 5114. Expenses of performing and executing defense readiness
missions
``Not later than 1 year after the date of enactment of this
section, and every February 1 thereafter, the Commandant shall submit
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report that adequately represents a calculation of
the annual costs and expenditures of performing and executing all
defense readiness mission activities, including--
``(1) all expenses related to the Coast Guard's
coordination, training, and execution of defense readiness
mission activities in the Coast Guard's capacity as an armed
force (as such term is defined in section 101 of title 10) in
support of Department of Defense national security operations
and activities or for any other military department or Defense
Agency (as such terms are defined in such section);
``(2) costs associated with Coast Guard detachments
assigned in support of the defense readiness mission of the
Coast Guard; and
``(3) any other related expenses, costs, or matters the
Commandant considers appropriate or otherwise of interest to
Congress.''.
(b) Clerical Amendment.--The analysis for chapter 51 of title 14,
United States Code, as amended by section 252(b), is further amended by
adding at the end the following:
``5114. Expenses of performing and executing defense readiness
missions.''.
SEC. 11257. REPORT ON SAN DIEGO MARITIME DOMAIN AWARENESS.
Not later than 180 days after the date of enactment of this Act,
the Commandant shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
containing--
(1) an overview of the maritime domain awareness in the
area of responsibility of the Coast Guard sector responsible
for San Diego, California, including--
(A) the average volume of known maritime traffic
that transited the area during fiscal years 2020
through 2022;
(B) current sensor platforms deployed by such
sector to monitor illicit activity occurring at sea in
such area;
(C) the number of illicit activity incidents at sea
in such area that the sector responded to during fiscal
years 2020 through 2022;
(D) an estimate of the volume of traffic engaged in
illicit activity at sea in such area and the type and
description of any vessels used to carry out illicit
activities that such sector responded to during fiscal
years 2020 through 2022; and
(E) the maritime domain awareness requirements to
effectively meet the mission of such sector;
(2) a description of current actions taken by the Coast
Guard to partner with Federal, regional, State, and local
entities to meet the maritime domain awareness needs of such
area;
(3) a description of any gaps in maritime domain awareness
within the area of responsibility of such sector resulting from
an inability to meet the enduring maritime domain awareness
requirements of the sector or adequately respond to maritime
disorder;
(4) an identification of current technology and assets the
Coast Guard has to mitigate the gaps identified in paragraph
(3);
(5) an identification of capabilities needed to mitigate
such gaps, including any capabilities the Coast Guard currently
possesses that can be deployed to the sector;
(6) an identification of technology and assets the Coast
Guard does not currently possess and are needed to acquire in
order to address such gaps; and
(7) an identification of any financial obstacles that
prevent the Coast Guard from deploying existing commercially
available sensor technology to address such gaps.
SEC. 11258. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES.
(a) Transfer.--Section 914 of the Coast Guard Authorization Act of
2010 (14 U.S.C. 501 note; Public Law 111-281) is--
(1) transferred to subchapter I of chapter 5 of title 14,
United States Code;
(2) added at the end so as to follow section 509 of such
title, as added by this Act;
(3) redesignated as section 510 of such title; and
(4) amended so that the enumerator, the section heading,
typeface, and typestyle conform to those appearing in other
sections of title 14, United States Code.
(b) Clerical Amendments.--
(1) Coast guard authorization act of 2010.--The table of
contents in section 1(b) of the Coast Guard Authorization Act
of 2010 (Public Law 111-281) is amended by striking the item
relating to section 914.
(2) Title 14.--The analysis for subchapter I of chapter 5
of title 14, United States Code, is further amended by adding
at the end the following:
``510. Conveyance of Coast Guard vessels for public purposes.''.
(c) Conveyance of Coast Guard Vessels for Public Purposes.--Section
510 of title 14, United States Code, as transferred and redesignated by
subsection (a), is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--On request by the Commandant, the Administrator
of the General Services Administration may transfer ownership of a
Coast Guard vessel or aircraft to an eligible entity for educational,
cultural, historical, charitable, recreational, or other public
purposes if such transfer is authorized by law.''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``as if the request were
being processed'' after ``vessels''; and
(ii) by inserting ``, as in effect on the
date of the enactment of the Don Young Coast
Guard Authorization Act of 2022'' after ``Code
of Federal Regulations'';
(B) in paragraph (2) by inserting ``, as in effect
on the date of the enactment of the Don Young Coast
Guard Authorization Act of 2022'' after ``such title'';
and
(C) in paragraph (3) by striking ``of the Coast
Guard''.
SEC. 11259. NATIONAL COAST GUARD MUSEUM FUNDING PLAN.
Section 316(c)(4) of title 14, United States Code, is amended by
striking ``the Inspector General of the department in which the Coast
Guard is operating'' and inserting ``a third party entity qualified to
undertake such a certification process''.
SEC. 11260. REPORT ON COAST GUARD EXPLOSIVE ORDNANCE DISPOSAL.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the viability of establishing an explosive ordnance disposal
program (in this section referred to as the ``Program'') in the Coast
Guard.
(b) Contents.--The report required under subsection (a) shall
contain, at a minimum, an explanation of the following with respect to
such a Program:
(1) Where within the organizational structure of the Coast
Guard the Program would be located, including a discussion of
whether the Program should reside in--
(A) Maritime Safety and Security Teams;
(B) Maritime Security Response Teams;
(C) a combination of the teams described under
subparagraphs (A) and (B); or
(D) elsewhere within the Coast Guard.
(2) The vehicles and dive craft that are Coast Guard
airframe and vessel transportable that would be required for
the transportation of explosive ordnance disposal elements.
(3) The Coast Guard stations at which--
(A) portable explosives storage magazines would be
available for explosive ordnance disposal elements; and
(B) explosive ordnance disposal elements equipment
would be pre-positioned.
(4) How the Program would support other elements within the
Department of Homeland Security, the Department of Justice,
and, in wartime, the Department of Defense to--
(A) counter improvised explosive devices;
(B) counter unexploded ordnance;
(C) combat weapons of destruction;
(D) provide service in support of the President;
and
(E) support national security special events.
(5) The career progression of members of the Coast Guard
participating in the Program from--
(A) Seaman Recruit to Command Master Chief Petty
Officer;
(B) Chief Warrant Officer 2 to that of Chief
Warrant Officer 4; and
(C) Ensign to that of Rear Admiral.
(6) Initial and annual budget justification estimates on a
single program element of the Program for--
(A) civilian and military pay with details on
military pay, including special and incentive pays such
as--
(i) officer responsibility pay;
(ii) officer SCUBA diving duty pay;
(iii) officer demolition hazardous duty
pay;
(iv) enlisted SCUBA diving duty pay;
(v) enlisted demolition hazardous duty pay;
(vi) enlisted special duty assignment pay
at level special duty-5;
(vii) enlisted assignment incentive pays;
(viii) enlistment and reenlistment bonuses;
(ix) officer and enlisted full civilian
clothing allowances;
(x) an exception to the policy allowing a
third hazardous duty pay for explosive ordnance
disposal-qualified officers and enlisted; and
(xi) parachutist hazardous duty pay;
(B) research, development, test, and evaluation;
(C) procurement;
(D) other transaction agreements;
(E) operations and support; and
(F) overseas contingency operations.
SEC. 11261. TRANSFER AND CONVEYANCE.
(a) In General.--
(1) Requirement.--In accordance with section 120(h) of the
Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9620(h)), the Commandant shall,
without consideration, transfer in accordance with subsection
(b) and convey in accordance with subsection (c) a parcel of
the real property described in paragraph (2), including any
improvements thereon.
(2) Property.--The property described in this paragraph is
real property at Dauphin Island, Alabama, located at 100
Agassiz Street, and consisting of a total of approximately
35.63 acres. The exact acreage and legal description of the
parcel of such property to be transferred or conveyed in
accordance with subsection (b) or (c), respectively, shall be
determined by a survey satisfactory to the Commandant.
(b) To the Secretary of Health and Human Services.--The Commandant
shall transfer, as described in subsection (a), to the Secretary of
Health and Human Services (in this section referred to as the
``Secretary''), for use by the Food and Drug Administration, custody
and control of a portion, consisting of approximately 4 acres, of the
parcel of real property described in such subsection, to be identified
by agreement between the Commandant and the Secretary.
(c) To the State of Alabama.--The Commandant shall convey, as
described in subsection (a), to the Marine Environmental Sciences
Consortium, a unit of the government of the State of Alabama, located
at Dauphin Island, Alabama, all rights, title, and interest of the
United States in and to such portion of the parcel described in such
subsection that is not transferred to the Secretary under subsection
(b).
(d) Payments and Costs of Transfer and Conveyance.--
(1) Payments.--
(A) In general.--The Secretary shall pay costs to
be incurred by the Coast Guard, or reimburse the Coast
Guard for such costs incurred by the Coast Guard, to
carry out the transfer and conveyance required by this
section, including survey costs, appraisal costs, costs
for environmental documentation related to the transfer
and conveyance, and any other necessary administrative
costs related to the transfer and conveyance.
(B) Funds.--Notwithstanding section 780 of division
B of the Further Consolidated Appropriations Act, 2020
(Public Law 116-94), any amounts that are made
available to the Secretary under such section and not
obligated on the date of enactment of this Act shall be
available to the Secretary for the purpose described in
subparagraph (A).
(2) Treatment of amounts received.--Amounts received by the
Commandant as reimbursement under paragraph (1) shall be
credited to the Coast Guard Housing Fund established under
section 2946 of title 14, United States Code, or the account
that was used to pay the costs incurred by the Coast Guard in
carrying out the transfer or conveyance under this section, as
determined by the Commandant, and shall be made available until
expended. Amounts so credited shall be merged with amounts in
such fund or account and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
SEC. 11262. TRANSPARENCY AND OVERSIGHT.
(a) In General.--Chapter 51 of title 14, United States Code, is
further amended by adding at the end the following:
``Sec. 5115. Major grants, contracts, or other transactions
``(a) Notification.--
``(1) In general.--Subject to subsection (b), the
Commandant shall notify the appropriate committees of Congress
and the Coast Guard Office of Congressional and Governmental
Affairs not later than 3 full business days in advance of the
Coast Guard--
``(A) making or awarding a grant allocation or
grant in excess of $1,000,000;
``(B) making or awarding a contract, other
transaction agreement, or task or delivery order for
the Coast Guard on the multiple award contract, or
issuing a letter of intent totaling more than
$4,000,000;
``(C) awarding a task or delivery order requiring
an obligation of funds in an amount greater than
$10,000,000 from multi-year Coast Guard funds;
``(D) making a sole-source grant award; or
``(E) announcing publicly the intention to make or
award an item described in subparagraph (A), (B), (C),
or (D), including a contract covered by the Federal
Acquisition Regulation.
``(2) Element.--A notification under this subsection shall
include--
``(A) the amount of the award;
``(B) the fiscal year for which the funds for the
award were appropriated;
``(C) the type of contract;
``(D) an identification of the entity awarded the
contract, such as the name and location of the entity;
and
``(E) the account from which the funds are to be
drawn.
``(b) Exception.--If the Commandant determines that compliance with
subsection (a) would pose a substantial risk to human life, health, or
safety, the Commandant--
``(1) may make an award or issue a letter described in such
subsection without the notification required under such
subsection; and
``(2) shall notify the appropriate committees of Congress
not later than 5 full business days after such an award is made
or letter issued.
``(c) Applicability.--Subsection (a) shall not apply to funds that
are not available for obligation.
``(d) Appropriate Committees of Congress Defined.--In this section,
the term `appropriate committees of Congress' means--
``(1) the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the
Senate; and
``(2) the Committee on Transportation and Infrastructure
and the Committee on Appropriations of the House of
Representatives.''.
(b) Clerical Amendment.--The analysis for chapter 51 of title 14,
United States Code, is further amended by adding at the end the
following:
``5115. Major grants, contracts, or other transactions.''.
SEC. 11263. STUDY ON SAFETY INSPECTION PROGRAM FOR CONTAINERS AND
FACILITIES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commandant shall complete a study on the safety
inspection program for containers (as such term is defined in section
80501 of title 46, United States Code) and designated waterfront
facilities receiving containers.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An evaluation and review of such safety inspection
program.
(2) A determination of--
(A) the number of container inspections conducted
annually by the Coast Guard during the preceding 10-
year period, as compared to the number of containers
moved through United States ports annually during such
period; and
(B) the number of qualified Coast Guard container
and facility inspectors, and an assessment as to
whether, during the preceding 10-year period, there
have been a sufficient number of such inspectors to
carry out the mission of the Coast Guard.
(3) An evaluation of the training programs available to
such inspectors and the adequacy of such training programs
during the preceding 10-year period.
(4) An identification of areas of improvement for such
program in the interest of commerce and national security, and
the costs associated with such improvements.
(c) Report to Congress.--Not later than 180 days after the
completion of the study required under subsection (a), the Commandant
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the findings of the study
required by subsection (a), including the personnel and resource
requirements necessary for such program.
SEC. 11264. OPERATIONAL DATA SHARING CAPABILITY.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall, consistent with the ongoing
Integrated Multi-Domain Enterprise joint effort by the Department of
Homeland Security and the Department of Defense, establish a secure,
centralized capability to allow real-time, or near real-time, data and
information sharing between Customs and Border Protection and the Coast
Guard for purposes of maritime boundary domain awareness and
enforcement activities along the maritime boundaries of the United
States, including the maritime boundaries in the northern and southern
continental United States and Alaska.
(b) Priority.--In establishing the capability under subsection (a),
the Secretary shall prioritize enforcement areas experiencing the
highest levels of enforcement activity.
(c) Requirements.--The capability established under subsection (a)
shall be sufficient for the secure sharing of data, information, and
surveillance necessary for operational missions, including data from
governmental assets, irrespective of whether an asset located in or
around mission operation areas belongs to the Coast Guard, Customs and
Border Protection, or any other partner agency.
(d) Elements.--The Commissioner of Customs and Border Protection
and the Commandant shall jointly--
(1) assess and delineate the types of data and quality of
data sharing needed to meet the respective operational missions
of Customs and Border Protection and the Coast Guard, including
video surveillance, seismic sensors, infrared detection, space-
based remote sensing, and any other data or information
necessary;
(2) develop appropriate requirements and processes for the
credentialing of personnel of Customs and Border Protection and
personnel of the Coast Guard to access and use the capability
established under subsection (a); and
(3) establish a cost-sharing agreement for the long-term
operation and maintenance of the capability and the assets that
provide data to the capability.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Transportation
and Infrastructure and the Committee on Homeland Security of the House
of Representatives a report on the establishment of the capability
under this section.
(f) Rule of Construction.--Nothing in this section may be construed
to authorize the Coast Guard, Customs and Border Protection, or any
other partner agency to acquire, share, or transfer personal
information relating to an individual in violation of any Federal or
State law or regulation.
SEC. 11265. FEASIBILITY STUDY ON CONSTRUCTION OF COAST GUARD STATION AT
PORT MANSFIELD.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Commandant shall commence a
feasibility study on construction of a Coast Guard station at
Port Mansfield, Texas.
(2) Elements.--The study required under paragraph (1) shall
include the following:
(A) An assessment of the resources and workforce
requirements necessary for a new Coast Guard station at
Port Mansfield.
(B) An identification of the enhancements to the
missions and capabilities of the Coast Guard that a new
Coast Guard station at Port Mansfield would provide.
(C) An estimate of the life-cycle costs of such a
facility, including the costs of construction,
maintenance costs, and staffing costs.
(D) A cost-benefit analysis of the enhancements and
capabilities provided, as compared to the costs of
construction, maintenance, and staffing.
(b) Report.--Not later than 180 days after commencing the study
required by subsection (a), the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
SEC. 11266. PROCUREMENT OF TETHERED AEROSTAT RADAR SYSTEM FOR COAST
GUARD STATION SOUTH PADRE ISLAND.
Subject to the availability of appropriations, the Secretary shall
procure not fewer than 1 tethered aerostat radar system, or similar
technology, for use by the Coast Guard at and around Coast Guard
Station South Padre Island.
SEC. 11267. PROHIBITION ON MAJOR ACQUISITION CONTRACTS WITH ENTITIES
ASSOCIATED WITH CHINESE COMMUNIST PARTY.
(a) In General.--The Commandant may not award any major acquisition
contract until the Commandant receives a certification from the party
that it has not, during the 10-year period preceding the planned date
of award, directly or indirectly held an economic interest in an entity
that is--
(1) owned or controlled by the People's Republic of China;
and
(2) part of the defense industry of the Chinese Communist
Party.
(b) Inapplicability to Taiwan.--Subsection (a) shall not apply with
respect to an economic interest in an entity owned or controlled by
Taiwan.
SEC. 11268. REVIEW OF DRUG INTERDICTION EQUIPMENT AND STANDARDS;
TESTING FOR FENTANYL DURING INTERDICTION OPERATIONS.
(a) Review.--
(1) In general.--The Commandant, in consultation with the
Administrator of the Drug Enforcement Administration and the
Secretary of Health and Human Services, shall--
(A) conduct a review of--
(i) the equipment, testing kits, and rescue
medications used to conduct Coast Guard drug
interdiction operations; and
(ii) the safety and training standards,
policies, and procedures with respect to such
operations; and
(B) determine whether the Coast Guard is using the
latest equipment and technology and up-to-date training
and standards for recognizing, handling, testing, and
securing illegal drugs, fentanyl and other synthetic
opioids, and precursor chemicals during such
operations.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall submit to the
appropriate committees of Congress a report on the results of
the review conducted under paragraph (1).
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of
the Senate; and
(B) the Committee on Transportation and
Infrastructure and the Committee on Appropriations of
the House of Representatives.
(b) Requirement.--If, as a result of the review required by
subsection (a), the Commandant determines that the Coast Guard is not
using the latest equipment and technology and up-to-date training and
standards for recognizing, handling, testing, and securing illegal
drugs, fentanyl and other synthetic opioids, and precursor chemicals
during drug interdiction operations, the Commandant shall ensure that
the Coast Guard acquires and uses such equipment and technology,
carries out such training, and implements such standards.
(c) Testing for Fentanyl.--The Commandant shall ensure that Coast
Guard drug interdiction operations include the testing of substances
encountered during such operations for fentanyl, as appropriate.
SEC. 11269. PUBLIC AVAILABILITY OF INFORMATION ON MONTHLY MIGRANT
INTERDICTIONS.
Not later than the 15th day of each month, the Commandant shall
make available to the public on the website of the Coast Guard the
number of migrant interdictions carried out by the Coast Guard during
the preceding month.
SEC. 11270. CARGO WAITING TIME REDUCTION.
Not later than 90 days after the date of enactment of this Act, the
Commandant shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report that
includes--
(1) an explanation of the extent to which vessels carrying
cargo are complying with the requirements of chapter 700 of
title 46, United States Code;
(2) the status of the investigation on the cause of the oil
spill that occurred in October 2021 on the waters over the San
Pedro Shelf related to an anchor strike, including the expected
date on which the Marine Casualty Investigation Report with
respect to such spill will be released; and
(3) with respect to such vessels, a summary of actions
taken or planned to be taken by the Commandant to provide
additional protections against oil spills or other hazardous
discharges caused by anchor strikes.
SEC. 11271. STUDY ON COAST GUARD OVERSIGHT AND INVESTIGATIONS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall
commence a study to assess the oversight over Coast Guard activities,
including investigations, personnel management, whistleblower
protection, and other activities carried out by the Department of
Homeland Security Office of Inspector General.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An analysis of the ability of the Department of
Homeland Security Office of Inspector General to ensure timely,
thorough, complete, and appropriate oversight over the Coast
Guard, including oversight over both civilian and military
activities.
(2) An assessment of--
(A) the best practices with respect to such
oversight; and
(B) the ability of the Department of Homeland
Security Office of Inspector General and the Commandant
to identify and achieve such best practices.
(3) An analysis of the methods, standards, and processes
employed by the Department of Defense Office of Inspector
General and the inspectors generals of the armed forces (as
such term is defined in section 101 of title 10, United States
Code), other than the Coast Guard, to conduct oversight and
investigation activities.
(4) An analysis of the methods, standards, and processes of
the Department of Homeland Security Office of Inspector General
with respect to oversight over the civilian and military
activities of the Coast Guard, as compared to the methods,
standards, and processes described in paragraph (3).
(5) An assessment of the extent to which the Coast Guard
Investigative Service completes investigations or other
disciplinary measures after referral of complaints from the
Department of Homeland Security Office of Inspector General.
(6) A description of the staffing, expertise, training, and
other resources of the Department of Homeland Security Office
of Inspector General, and an assessment as to whether such
staffing, expertise, training, and other resources meet the
requirements necessary for meaningful, timely, and effective
oversight over the activities of the Coast Guard.
(c) Report.--Not later than 1 year after commencing the study
required under subsection (a), the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study, including
recommendations with respect to oversight over Coast Guard activities.
(d) Other Reviews.--The study required under subsection (a) may
rely upon recently completed or ongoing reviews by the Comptroller
General or other entities, as applicable.
Subtitle H--Sexual Assault and Sexual Harassment Response and
Prevention
SEC. 11272. ADMINISTRATION OF SEXUAL ASSAULT FORENSIC EXAMINATION KITS.
(a) In General.--Subchapter IV of chapter 5 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 564. Administration of sexual assault forensic examination kits
``(a) Sexual Assault Forensic Exam Procedure.--
``(1) In general.--Before embarking on any prescheduled
voyage, a Coast Guard vessel shall have in place a written
operating procedure that ensures that an embarked victim of
sexual assault shall have access to a sexual assault forensic
examination--
``(A) as soon as possible after the victim requests
an examination; and
``(B) that is treated with the same level of
urgency as emergency medical care.
``(2) Requirements.--The written operating procedure
required by paragraph (1), shall, at a minimum, account for--
``(A) the health, safety, and privacy of a victim
of sexual assault;
``(B) the proximity of ashore or afloat medical
facilities, including coordination as necessary with
the Department of Defense, including other military
departments (as defined in section 101 of title 10);
``(C) the availability of aeromedical evacuation;
``(D) the operational capabilities of the vessel
concerned;
``(E) the qualifications of medical personnel
onboard;
``(F) coordination with law enforcement and the
preservation of evidence;
``(G) the means of accessing a sexual assault
forensic examination and medical care with a restricted
report of sexual assault;
``(H) the availability of nonprescription pregnancy
prophylactics; and
``(I) other unique military considerations.''.
(b) Clerical Amendment.--The analysis for chapter 5 of title 14,
United States Code, is amended by inserting after the item relating to
section 563 the following:
``564. Administration of sexual assault forensic examination kits.''.
(c) Study.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall seek to enter
into an agreement with the National Academy of Sciences under
which the National Academy of Sciences shall conduct a study to
assess challenges and prospective solutions associated with
sexual assault at sea, to include the provision of survivor
care, forensic examination of the victim, and evidence
collection.
(2) Contents.--The study under paragraph (1) shall, at a
minimum, address the feasibility of crisis response services
and physical evaluation through telemedicine and other options
concerning immediate access to care whether onboard the vessel
or at the nearest shore side facility, including best practices
for administering sexual assault forensic examinations.
(3) Elements.--The study under paragraph (1) shall--
(A) take into account--
(i) the safety and security of the alleged
victim of sexual assault;
(ii) the ability to properly identify,
document, and preserve any evidence relevant to
the allegation of sexual assault;
(iii) the applicable criminal procedural
laws relating to authenticity, relevance,
preservation of evidence, chain of custody, and
any other matter relating to evidentiary
admissibility; and
(iv) best practices of conducting sexual
assault forensic examinations, as such term is
defined in section 40723 of title 34, United
States Code;
(B) provide any appropriate recommendation for
changes to existing laws, regulations, or employer
policies;
(C) solicit public stakeholder input from
individuals and organizations with relevant expertise
in sexual assault response including healthcare,
advocacy services, law enforcement, and prosecution;
(D) evaluate the operational capabilities of the
Coast Guard since 2013 in providing alleged victims of
sexual assault immediate access to care onboard a
vessel undertaking a prescheduled voyage that, at any
point during such voyage, would require the vessel to
travel 3 consecutive days or longer to reach a land-
based or afloat medical facility, including--
(i) the average of and range in the
reported hours taken to evacuate an individual
with any medical emergency to a land-based or
afloat medical facility; and
(ii) the number of alleged victims,
subjects, and total incidents of sexual assault
and sexual harassment occurring while underway
reported annually; and
(E) summarize the financial cost, required
operational adjustments, and potential benefits to the
Coast Guard to provide sexual assault forensic
examination kits onboard Coast Guard vessels
undertaking a prescheduled voyage that, at any point
during such voyage, would require the vessel to travel
3 consecutive days or longer to reach a land-based or
afloat medical facility.
(4) Report.--Upon completion of the study under paragraph
(1), the National Academy of Sciences shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Secretary a report on the
findings of the study.
(5) Annual report.--The Commandant shall submit to the
Transportation and Infrastructure Committee of the House and
the Commerce, Science, and Transportation Committee of the
Senate a report containing the number of sexual assault
forensic examinations that were requested by, but not
administered within 3 days to, alleged victims of sexual
assault when such victims were onboard a vessel.
(6) Savings clause.--In collecting the information required
under paragraphs (2) and (3), the Commandant shall collect such
information in a manner which protects the privacy rights of
individuals who are subjects of such information.
SEC. 11273. POLICY ON REQUESTS FOR PERMANENT CHANGES OF STATION OR UNIT
TRANSFERS BY PERSONS WHO REPORT BEING THE VICTIM OF
SEXUAL ASSAULT.
(a) Interim Update.--Not later than 30 days after the date of
enactment of this Act, the Commandant, in consultation with the
Director of the Health, Safety, and Work Life Directorate, shall issue
an interim update to Coast Guard policy guidance to allow a member of
the Coast Guard who has reported being the victim of a sexual assault,
or any other offense covered by section 920, 920c, or 930 of title 10,
United States Code (article 120, 120c, or 130 of the Uniform Code of
Military Justice), to request an immediate change of station or an
immediate unit transfer.
(b) Final Policy.--The Commandant shall issue a final policy based
on the interim updates issued under the preceding sentence not later
than 1 year after the date of enactment of this Act.
SEC. 11274. SEX OFFENSES AND PERSONNEL RECORDS.
Not later than 180 days after the date of enactment of this Act,
the Commandant shall issue final regulations or policy guidance
required to fully implement section 1745 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C.
1561 note) with respect to members of the Coast Guard.
SEC. 11275. STUDY ON SPECIAL VICTIMS' COUNSEL PROGRAM.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary shall enter into an agreement with a
federally funded research and development center for the conduct of a
study on--
(1) the Special Victims' Counsel program of the Coast
Guard;
(2) Coast Guard investigations of sexual assault offenses
for cases in which the subject of the investigation is no
longer under jeopardy for the alleged misconduct for reasons
including the death of the accused, a lapse in the statute of
limitations for the alleged offense, and a fully adjudicated
criminal trial of the alleged offense in which all appeals have
been exhausted; and
(3) legal support and representation provided to members of
the Coast Guard who are victims of sexual assault, including in
instances in which the accused is a member of the Army, Navy,
Air Force, Marine Corps, or Space Force.
(b) Elements.--The study required by subsection (a) shall assess
the following:
(1) The Special Victims' Counsel program of the Coast
Guard, including training, effectiveness, capacity to handle
the number of cases referred, and experience with cases
involving members of the Coast Guard or members of another
armed force (as defined in section 101 of title 10, United
States Code).
(2) The experience of Special Victims' Counsels in
representing members of the Coast Guard during a court-martial.
(3) Policies concerning the availability and detailing of
Special Victims' Counsels for sexual assault allegations, in
particular such allegations in which the accused is a member of
another armed force (as defined in section 101 of title 10,
United States Code), and the impact that the cross-service
relationship had on--
(A) the competence and sufficiency of services
provided to the alleged victim; and
(B) the interaction between--
(i) the investigating agency and the
Special Victims' Counsels; and
(ii) the prosecuting entity and the Special
Victims' Counsels.
(4) Training provided to, or made available for, Special
Victims' Counsels and paralegals with respect to Department of
Defense processes for conducting sexual assault investigations
and Special Victims' Counsel representation of sexual assault
victims.
(5) The ability of Special Victims' Counsels to operate
independently without undue influence from third parties,
including the command of the accused, the command of the
victim, the Judge Advocate General of the Coast Guard, and the
Deputy Judge Advocate General of the Coast Guard.
(6) The skill level and experience of Special Victims'
Counsels, as compared to special victims' counsels available to
members of the Army, Navy, Air Force, Marine Corps, and Space
Force.
(7) Policies regarding access to an alternate Special
Victims' Counsel, if requested by the member of the Coast Guard
concerned, and potential improvements for such policies.
(c) Report.--Not later than 180 days after entering into an
agreement under subsection (a), the federally funded research and
development center shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report that
includes--
(1) the findings of the study required by such subsection;
(2) recommendations to improve the coordination, training,
and experience of Special Victims' Counsels of the Coast Guard
so as to improve outcomes for members of the Coast Guard who
have reported sexual assault; and
(3) any other recommendation the federally funded research
and development center considers appropriate.
TITLE CXIII--ENVIRONMENT
Subtitle A--Marine Mammals
SEC. 11301. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committees on Transportation and
Infrastructure and Natural Resources of the House of
Representatives.
(2) Core foraging habitats.--The term ``core foraging
habitats'' means areas--
(A) with biological and physical oceanographic
features that aggregate Calanus finmarchicus; and
(B) where North Atlantic right whales foraging
aggregations have been well documented.
(3) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given that term in section 107 of title
46, United States Code.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(5) Large cetacean.--The term ``large cetacean'' means all
endangered or threatened species within--
(A) the suborder Mysticeti;
(B) the genera Physeter; or
(C) the genera Orcinus.
(6) Near real-time.--The term ``near real-time'', with
respect to monitoring of whales, means that visual, acoustic,
or other detections of whales are processed, transmitted, and
reported as close to the time of detection as is technically
feasible.
(7) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code.
(8) Puget sound region.--The term ``Puget Sound region''
means the Vessel Traffic Service Puget Sound area described in
section 161.55 of title 33, Code of Federal Regulations (as of
the date of enactment of this Act).
(9) Tribal government.--The term ``Tribal government''
means the recognized governing body of any Indian or Alaska
Native Tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) in the list published
most recently as of the date of enactment of this Act pursuant
to section 104 of the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 5131).
(10) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Oceans and Atmosphere.
SEC. 11302. ASSISTANCE TO PORTS TO REDUCE IMPACTS OF VESSEL TRAFFIC AND
PORT OPERATIONS ON MARINE MAMMALS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Under Secretary, in consultation with the
Director of the United States Fish and Wildlife Service, the Secretary,
the Secretary of Defense, and the Administrator of the Maritime
Administration, shall establish a grant program to provide assistance
to eligible entities to develop and implement mitigation measures that
will lead to a quantifiable reduction in threats to marine mammals from
vessel traffic, including shipping activities and port operations.
(b) Eligible Uses.--Assistance provided under subsection (a) may be
used to develop, assess, and carry out activities that reduce threats
to marine mammals by--
(1) reducing underwater stressors related to marine
traffic;
(2) reducing mortality and serious injury from vessel
strikes and other physical disturbances;
(3) monitoring sound;
(4) reducing vessel interactions with marine mammals;
(5) conducting other types of monitoring that are
consistent with reducing the threats to, and enhancing the
habitats of, marine mammals; or
(6) supporting State agencies and Tribal governments in
developing the capacity to receive assistance under this
section through education, training, information sharing, and
collaboration to participate in the grant program under this
section.
(c) Priority.--The Under Secretary shall prioritize providing
assistance under subsection (a) for projects that--
(1) are based on the best available science with respect to
methods to reduce threats to marine mammals;
(2) collect data on the effects of such methods and the
reduction of such threats;
(3) assist ports that pose a higher relative threat to
marine mammals listed as threatened or endangered under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(4) are in close proximity to areas in which threatened or
endangered cetaceans are known to experience other stressors;
or
(5) allow eligible entities to conduct risk assessments and
to track progress toward threat reduction.
(d) Outreach.--The Under Secretary, in coordination with the
Secretary, the Administrator of the Maritime Administration, and the
Director of the United States Fish and Wildlife Service, as
appropriate, shall conduct coordinated outreach to ports to provide
information with respect to--
(1) how to apply for assistance under subsection (a);
(2) the benefits of such assistance; and
(3) facilitation of best practices and lessons, including
the best practices and lessons learned from activities carried
out using such assistance.
(e) Report Required.--Not less frequently than annually, the Under
Secretary shall make available to the public on a publicly accessible
website of the National Oceanic and Atmospheric Administration a report
that includes the following information:
(1) The name and location of each entity to which
assistance was awarded under subsection (a) during the year
preceding submission of the report.
(2) The amount of each such award.
(3) A description of the activities carried out with each
such award.
(4) An estimate of the likely impact of such activities on
the reduction of threats to marine mammals.
(f) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means--
(1) a port authority for a port;
(2) a State, regional, local, or Tribal government, or an
Alaska Native or Native Hawaiian entity that has jurisdiction
over a maritime port authority or a port;
(3) an academic institution, research institution, or
nonprofit organization working in partnership with a port; or
(4) a consortium of entities described in paragraphs (1)
through (3).
(g) Funding.--From funds otherwise appropriated to the Under
Secretary, $10,000,000 is authorized to carry out this section for each
of fiscal years 2023 through 2028.
(h) Savings Clause.--An activity may not be carried out under this
section if the Secretary of Defense, in consultation with the Under
Secretary, determines that the activity would negatively impact the
defense readiness or the national security of the United States.
SEC. 11303. NEAR REAL-TIME MONITORING AND MITIGATION PROGRAM FOR LARGE
CETACEANS.
(a) Establishment.--The Under Secretary, in coordination with the
heads of other relevant Federal agencies, shall design and deploy a
cost-effective, efficient, and results-oriented near real-time
monitoring and mitigation program (referred to in this section as the
``Program'') for threatened or endangered cetaceans.
(b) Purpose.--The purpose of the Program shall be to reduce the
risk to large cetaceans posed by vessel collisions and to minimize
other impacts on large cetaceans through the use of near real-time
location monitoring and location information.
(c) Requirements.--The Program shall--
(1) prioritize species of large cetaceans for which impacts
from vessel collisions are of particular concern;
(2) prioritize areas where such impacts are of particular
concern;
(3) be capable of detecting and alerting ocean users and
enforcement agencies of the probable location of large
cetaceans on an actionable real-time basis, including through
real-time data whenever possible;
(4) inform sector-specific mitigation protocols to
effectively reduce takes (as defined in section 216.3 of title
50, Code of Federal Regulations, or successor regulations) of
large cetaceans;
(5) integrate technology improvements; and
(6) be informed by technologies, monitoring methods, and
mitigation protocols developed under the pilot project required
under subsection (d).
(d) Pilot Project.--
(1) Establishment.--In carrying out the Program, the Under
Secretary shall first establish a pilot monitoring and
mitigation project (referred to in this section as the ``pilot
project'') for North Atlantic right whales for the purposes of
informing the Program.
(2) Requirements.--In designing and deploying the pilot
project, the Under Secretary, in coordination with the heads of
other relevant Federal agencies, shall, using the best
available scientific information, identify and ensure coverage
of--
(A) core foraging habitats; and
(B) important feeding, breeding, calving, rearing,
or migratory habitats of North Atlantic right whales
that co-occur with areas of high risk of mortality or
serious injury of such whales from vessels, vessel
strikes, or disturbance.
(3) Components.--Not later than 3 years after the date of
enactment of this Act, the Under Secretary, in consultation
with relevant Federal agencies and Tribal governments, and with
input from affected stakeholders, shall design and deploy a
near real-time monitoring system for North Atlantic right
whales that--
(A) comprises the best available detection power,
spatial coverage, and survey effort to detect and
localize North Atlantic right whales within habitats
described in paragraph (2);
(B) is capable of detecting North Atlantic right
whales, including visually and acoustically;
(C) uses dynamic habitat suitability models to
inform the likelihood of North Atlantic right whale
occurrence habitats described in paragraph (2) at any
given time;
(D) coordinates with the Integrated Ocean Observing
System of the National Oceanic and Atmospheric
Administration and Regional Ocean Partnerships to
leverage monitoring assets;
(E) integrates historical data;
(F) integrates new near real-time monitoring
methods and technologies as such methods and
technologies become available;
(G) accurately verifies and rapidly communicates
detection data to appropriate ocean users;
(H) creates standards for contributing, and allows
ocean users to contribute, data to the monitoring
system using comparable near real-time monitoring
methods and technologies;
(I) communicates the risks of injury to large
cetaceans to ocean users in a manner that is most
likely to result in informed decision-making regarding
the mitigation of those risks; and
(J) minimizes additional stressors to large
cetaceans as a result of the information available to
ocean users.
(4) Reports.--
(A) Preliminary report.--
(i) In general.--Not later than 2 years
after the date of enactment of this Act, the
Under Secretary shall submit to the Committee
on Commerce, Science, and Transportation of the
Senate and the Committee on Natural Resources
of the House of Representatives, and make
available to the public, a preliminary report
on the pilot project.
(ii) Elements.--The report required under
clause (i) shall include the following:
(I) A description of the monitoring
methods and technology in use or
planned for deployment under the pilot
project.
(II) An analysis of the efficacy of
the methods and technology in use or
planned for deployment for detecting
North Atlantic right whales.
(III) An assessment of the manner
in which the monitoring system designed
and deployed under this subsection is
directly informing and improving the
management, health, and survival of
North Atlantic right whales.
(IV) A prioritized identification
of technology or research gaps.
(V) A plan to communicate the risks
of injury to large cetaceans to ocean
users in a manner that is most likely
to result in informed decision making
regarding the mitigation of such risks.
(VI) Any other information on the
potential benefits and efficacy of the
pilot project the Under Secretary
considers appropriate.
(B) Final report.--
(i) In general.--Not later than 6 years
after the date of enactment of this Act, the
Under Secretary, in coordination with the heads
of other relevant Federal agencies, shall
submit to the Committee on Commerce, Science,
and Transportation of the Senate and the
Committee on Natural Resources of the House of
Representatives, and make available to the
public, a final report on the pilot project.
(ii) Elements.--The report required under
clause (i) shall--
(I) address the preliminary report
required under subparagraph (A); and
(II) include--
(aa) an assessment of the
benefits and efficacy of the
pilot project;
(bb) a strategic plan to
expand the pilot project to
provide near real-time
monitoring and mitigation
measures--
(AA) to additional
large cetaceans of
concern for which such
measures would reduce
risk of serious injury
or death; and
(BB) in important
feeding, breeding,
calving, rearing, or
migratory habitats of
large cetaceans that
co-occur with areas of
high risk of mortality
or serious injury from
vessel strikes or
disturbance;
(cc) a budget and
description of funds necessary
to carry out such plan;
(dd) a prioritized plan for
acquisition, deployment, and
maintenance of monitoring
technologies; and
(ee) the locations or
species to which such plan
would apply.
(e) Mitigation Protocols.--The Under Secretary, in consultation
with the Secretary, the Secretary of Defense, the Secretary of
Transportation, and the Secretary of the Interior, and with input from
affected stakeholders, shall develop and deploy mitigation protocols
that make use of any monitoring system designed and deployed under this
section to direct sector-specific mitigation measures that avoid and
significantly reduce risk of serious injury and mortality to North
Atlantic right whales.
(f) Access to Data.--The Under Secretary shall provide access to
data generated by any monitoring system designed and deployed under
this section for purposes of scientific research and evaluation and
public awareness and education, including through the Right Whale
Sighting Advisory System of the National Oceanic and Atmospheric
Administration and WhaleMap or other successor public website portals,
subject to review for national security considerations.
(g) Additional Authority.--The Under Secretary may enter into and
perform such contracts, leases, grants, or cooperative agreements as
may be necessary to carry out this section on such terms as the Under
Secretary considers appropriate, consistent with the Federal
Acquisition Regulation.
(h) Savings Clause.--An activity may not be carried out under this
section if the Secretary of Defense, in consultation with the Under
Secretary, determines that the activity would negatively impact the
defense readiness or the national security of the United States.
(i) Funding.--From funds otherwise appropriated to the Under
Secretary $5,000,000 is authorized to support development, deployment,
application, and ongoing maintenance of the Program and to otherwise
carry out this section for each of fiscal years 2023 through 2027.
SEC. 11304. PILOT PROGRAM TO ESTABLISH A CETACEAN DESK FOR PUGET SOUND
REGION.
(a) Establishment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, with the concurrence of
the Under Secretary, shall carry out a pilot program to
establish a Cetacean Desk, which shall be--
(A) located and manned within the Puget Sound
Vessel Traffic Service; and
(B) designed--
(i) to improve coordination with the
maritime industry to reduce the risk of vessel
impacts on large cetaceans, including impacts
from vessel strikes, disturbances, and other
sources; and
(ii) to monitor the presence and location
of large cetaceans during the months during
which such large cetaceans are present in Puget
Sound, the Strait of Juan de Fuca, and the
United States portion of the Salish Sea.
(2) Duration and staffing.--The pilot program required
under paragraph (1)--
(A) shall--
(i) be for a duration of 4 years; and
(ii) require not more than 1 full-time
equivalent position, who shall also contribute
to other necessary Puget Sound Vessel Traffic
Service duties and responsibilities as needed;
and
(B) may be supported by other existing Federal
employees, as appropriate.
(b) Engagement With Vessel Operators.--
(1) In general.--In carrying out the pilot program required
under subsection (a), the Secretary shall require personnel of
the Cetacean Desk to engage with vessel operators in areas
where large cetaceans have been seen or could reasonably be
present to ensure compliance with applicable laws, regulations,
and voluntary guidance, to reduce the impact of vessel traffic
on large cetaceans.
(2) Contents.--In engaging with vessel operators as
required under paragraph (1), personnel of the Cetacean Desk
shall communicate where and when sightings of large cetaceans
have occurred.
(c) Memorandum of Understanding.--The Secretary and the Under
Secretary may enter into a memorandum of understanding to facilitate
real-time sharing of data relating to large cetaceans between the Quiet
Sound program of the State of Washington, the National Oceanic and
Atmospheric Administration, the Puget Sound Vessel Traffic Service, and
other relevant entities, as appropriate.
(d) Data.--The Under Secretary shall leverage existing data
collection methods, the program required by section 11303, and public
data to ensure accurate and timely information on the sighting of large
cetaceans.
(e) Consultations.--
(1) In general.--In carrying out the pilot program required
under subsection (a), the Secretary shall consult with Tribal
governments, the State of Washington, institutions of higher
education, the maritime industry, ports in the Puget Sound
region, and nongovernmental organizations.
(2) Coordination with canada.--When appropriate, the
Secretary shall coordinate with the Government of Canada,
consistent with policies and agreements relating to management
of vessel traffic in Puget Sound.
(f) Puget Sound Vessel Traffic Service Local Variance and Policy.--
The Secretary, with the concurrence of the Under Secretary and in
consultation with the Captain of the Port for the Puget Sound region--
(1) shall implement local variances, as authorized by
subsection (c) of section 70001 of title 46, United States
Code, to reduce the impact of vessel traffic on large
cetaceans; and
(2) may enter into cooperative agreements, in accordance
with subsection (d) of such section, with Federal, State,
Tribal, and local officials to reduce the likelihood of vessel
interactions with protected large cetaceans, which may
include--
(A) communicating marine mammal protection guidance
to vessels;
(B) training on requirements imposed by local,
State, Tribal, and Federal laws and regulations and
guidelines concerning--
(i) vessel buffer zones;
(ii) vessel speed;
(iii) seasonal no-go zones for vessels;
(iv) protected areas, including areas
designated as critical habitat, as applicable
to marine operations; and
(v) any other activities to reduce the
direct and indirect impact of vessel traffic on
large cetaceans;
(C) training to understand, utilize, and
communicate large cetacean location data; and
(D) training to understand and communicate basic
large cetacean detection, identification, and behavior,
including--
(i) cues of the presence of large cetaceans
such as spouts, water disturbances, breaches,
or presence of prey;
(ii) important feeding, breeding, calving,
and rearing habitats that co-occur with areas
of high risk of vessel strikes;
(iii) seasonal large cetacean migration
routes that co-occur with areas of high risk of
vessel strikes; and
(iv) areas designated as critical habitat
for large cetaceans.
(g) Report Required.--Not later than 1 year after the date of
enactment of this Act, and every 2 years thereafter for the duration of
the pilot program, the Commandant, in coordination with the Under
Secretary and the Administrator of the Maritime Administration, shall
submit to the appropriate congressional committees a report that--
(1) evaluates the functionality, utility, reliability,
responsiveness, and operational status of the Cetacean Desk
established under this section, including a quantification of
reductions in vessel strikes to large cetaceans as a result of
the pilot program;
(2) assesses the efficacy of communication between the
Cetacean Desk and the maritime industry and provides
recommendations for improvements;
(3) evaluates the integration and interoperability of
existing data collection methods, as well as public data, into
the Cetacean Desk operations;
(4) assesses the efficacy of collaboration and stakeholder
engagement with Tribal governments, the State of Washington,
institutions of higher education, the maritime industry, ports
in the Puget Sound region, and nongovernmental organizations;
and
(5) evaluates the progress, performance, and implementation
of guidance and training procedures for Puget Sound Vessel
Traffic Service personnel, as required under subsection (f).
SEC. 11305. MONITORING OCEAN SOUNDSCAPES.
(a) In General.--The Under Secretary shall maintain and expand an
ocean soundscape development program to--
(1) award grants to expand the deployment of Federal and
non-Federal observing and data management systems capable of
collecting measurements of underwater sound for purposes of
monitoring and analyzing baselines and trends in the underwater
soundscape to protect and manage marine life;
(2) continue to develop and apply standardized forms of
measurements to assess sounds produced by marine animals,
physical processes, and anthropogenic activities; and
(3) after coordinating with the Secretary of Defense,
coordinate and make accessible to the public the datasets,
modeling and analysis, and user-driven products and tools
resulting from observations of underwater sound funded through
grants awarded under paragraph (1).
(b) Coordination.--The program described in subsection (a) shall--
(1) include the Ocean Noise Reference Station Network of
the National Oceanic and Atmospheric Administration and the
National Park Service;
(2) use and coordinate with the Integrated Ocean Observing
System; and
(3) coordinate with the Regional Ocean Partnerships and the
Director of the United States Fish and Wildlife Service, as
appropriate.
(c) Priority.--In awarding grants under subsection (a), the Under
Secretary shall consider the geographic diversity of the recipients of
such grants.
(d) Savings Clause.--An activity may not be carried out under this
section if the Secretary of Defense, in consultation with the Under
Secretary, determines that the activity would negatively impact the
defense readiness or the national security of the United States.
(e) Funding.--From funds otherwise appropriated to the Under
Secretary, $1,500,000 is authorized for each of fiscal years 2023
through 2028 to carry out this section.
Subtitle B--Oil Spills
SEC. 11306. REPORT ON CHANGING SALVORS.
Section 311(c)(3) of the Federal Water Pollution Control Act (33
U.S.C. 1321(c)(3)) is amended by adding at the end the following:
``(C) In any case in which the President or the Federal On-
Scene Coordinator authorizes a deviation from the salvor as
part of a deviation under subparagraph (B) from the applicable
response plan required under subsection (j), the Commandant of
the Coast Guard shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report describing the deviation and the reasons for
such deviation not less than 3 days after such deviation is
authorized.''.
SEC. 11307. LIMITED INDEMNITY PROVISIONS IN STANDBY OIL SPILL RESPONSE
CONTRACTS.
(a) In General.--Subject to subsections (b) and (c), a contract
with the Coast Guard for the containment or removal of a discharge
entered into by the President under section 311(c) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(c)) shall contain a provision to
indemnify a contractor for liabilities and expenses incidental to the
containment or removal arising out of the performance of the contract
that is substantially identical to the terms contained in subsections
(d) through (h) of section H.4 (except for paragraph (1) of subsection
(d)) of the contract offered by the Coast Guard in the solicitation
numbered DTCG89-98- A-68F953, dated November 17, 1998.
(b) Requirements.--
(1) Source of funds.--The provision required under
subsection (a) shall include a provision that the obligation to
indemnify is limited to funds available in the Oil Spill
Liability Trust Fund established by section 9509(a) of the
Internal Revenue Code of 1986 at the time the claim for
indemnity is made.
(2) Uncompensated removal.--A claim for indemnity under a
contract described in subsection (a) shall be made as a claim
for uncompensated removal costs under section 1012(a)(4) of the
Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(4)).
(3) Limitation.--The total indemnity for a claim under a
contract described in subsection (a) may not be more than
$50,000 per incident.
(c) Applicability of Exemptions.--Notwithstanding subsection (a),
the United States shall not be obligated to indemnify a contractor for
any act or omission of the contractor carried out pursuant to a
contract entered into under this section where such act or omission is
grossly negligent or which constitutes willful misconduct.
SEC. 11308. IMPROVING OIL SPILL PREPAREDNESS.
The Under Secretary of Commerce for Oceans and Atmosphere shall
include in the Automated Data Inquiry for Oil Spills database (or a
successor database) used by National Oceanic and Atmospheric
Administration oil weathering models new data, including peer-reviewed
data, on properties of crude and refined oils, including data on
diluted bitumen, as such data becomes publicly available.
SEC. 11309. WESTERN ALASKA OIL SPILL PLANNING CRITERIA.
(a) Alaska Oil Spill Planning Criteria Program.--
(1) In general.--Chapter 3 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 323. Western Alaska Oil Spill Planning Criteria Program
``(a) Establishment.--There is established within the Coast Guard a
Western Alaska Oil Spill Planning Criteria Program (referred to in this
section as the `Program') to develop and administer the Western Alaska
oil spill planning criteria.
``(b) Program Manager.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Commandant shall select a
permanent civilian career employee through a competitive search
process for a term of not less than 5 years to serve as the
Western Alaska Oil Spill Criteria Program Manager (referred to
in this section as the `Program Manager')--
``(A) the primary duty of whom shall be to
administer the Program; and
``(B) who shall not be subject to frequent or
routine reassignment.
``(2) Conflicts of interest.--The individual selected to
serve as the Program Manager shall not have conflicts of
interest relating to entities regulated by the Coast Guard.
``(3) Duties.--
``(A) Development of guidance.--The Program Manager
shall develop guidance for--
``(i) approval, drills, and testing
relating to the Western Alaska oil spill
planning criteria; and
``(ii) gathering input concerning such
planning criteria from Federal agencies, State
and local governments, Tribes, and relevant
industry and nongovernmental entities.
``(B) Assessments.--Not less frequently than once
every 5 years, the Program Manager shall--
``(i) assess whether such existing planning
criteria adequately meet the needs of vessels
operating in the geographic area; and
``(ii) identify methods for advancing
response capability so as to achieve, with
respect to a vessel, compliance with national
planning criteria.
``(C) Onsite verifications.--The Program Manager
shall address the relatively small number and limited
nature of verifications of response capabilities for
vessel response plans by increasing, within the
Seventeenth Coast Guard District, the quantity and
frequency of onsite verifications of the providers
identified in vessel response plans.
``(c) Training.--The Commandant shall enhance the knowledge and
proficiency of Coast Guard personnel with respect to the Program by--
``(1) developing formalized training on the Program that,
at a minimum--
``(A) provides in-depth analysis of--
``(i) the national planning criteria
described in part 155 of title 33, Code of
Federal Regulations (as in effect on the date
of enactment of this section);
``(ii) alternative planning criteria;
``(iii) Western Alaska oil spill planning
criteria;
``(iv) Captain of the Port and Federal On-
Scene Coordinator authorities related to
activation of a vessel response plan;
``(v) the responsibilities of vessel owners
and operators in preparing a vessel response
plan for submission; and
``(vi) responsibilities of the Area
Committee, including risk analysis, response
capability, and development of alternative
planning criteria;
``(B) explains the approval processes of vessel
response plans that involve alternative planning
criteria or Western Alaska oil spill planning criteria;
and
``(C) provides instruction on the processes
involved in carrying out the actions described in
paragraphs (9)(D) and (9)(F) of section 311(j) of the
Federal Water Pollution Control Act (33 U.S.C.
1321(j)), including instruction on carrying out such
actions--
``(i) in any geographic area in the United
States; and
``(ii) specifically in the Seventeenth
Coast Guard District; and
``(2) providing such training to all Coast Guard personnel
involved in the Program.
``(d) Definitions.--In this section:
``(1) Alternative planning criteria.--The term `alternative
planning criteria' means criteria submitted under section
155.1065 or 155.5067 of title 33, Code of Federal Regulations
(as in effect on the date of enactment of this section), for
vessel response plans.
``(2) Tribe.--The term `Tribe' has the meaning given the
term `Indian Tribe' in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(3) Vessel response plan.--The term `vessel response
plan' means a plan required to be submitted by the owner or
operator of a tank vessel or a nontank vessel under regulations
issued by the President under section 311(j)(5) of the Federal
Water Pollution Control Act (33 U.S.C. 1321(j)(5)).
``(4) Western alaska oil spill planning criteria.--The term
`Western Alaska oil spill planning criteria' means the criteria
required to be established under paragraph (9) of section
311(j) of the Federal Water Pollution Control Act (33 U.S.C.
1321(j)).''.
(2) Clerical amendment.--The analysis for chapter 3 of
title 14, United States Code, is amended by adding at the end
the following:
``323. Western Alaska Oil Spill Planning Criteria Program.''.
(b) Western Alaska Oil Spill Planning Criteria.--
(1) Amendment.--Section 311(j) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(j)) is amended by adding
at the end the following:
``(9) Western alaska oil spill planning criteria program.--
``(A) Definitions.--In this paragraph:
``(i) Alternative planning criteria.--The
term `alternative planning criteria' means
criteria submitted under section 155.1065 or
155.5067 of title 33, Code of Federal
Regulations (as in effect on the date of
enactment of this paragraph), for vessel
response plans.
``(ii) Prince william sound captain of the
port zone.--The term `Prince William Sound
Captain of the Port Zone' means the area
described in section 3.85-15(b) of title 33,
Code of Federal Regulations (or successor
regulations).
``(iii) Secretary.--The term `Secretary'
means the Secretary of the department in which
the Coast Guard is operating.
``(iv) Vessel response plan.--The term
`vessel response plan' means a plan required to
be submitted by the owner or operator of a tank
vessel or a nontank vessel under regulations
issued by the President under paragraph (5).
``(v) Western alaska captain of the port
zone.--The term `Western Alaska Captain of the
Port Zone' means the area described in section
3.85-15(a) of title 33, Code of Federal
Regulations (as in effect on the date of
enactment of this paragraph).
``(B) Requirement.--Except as provided in
subparagraph (I), for any part of the area of
responsibility of the Western Alaska Captain of the
Port Zone or the Prince William Sound Captain of the
Port Zone for which the Secretary has determined that
the national planning criteria established pursuant to
this subsection are inappropriate for a vessel
operating in such area, a vessel response plan with
respect to a discharge of oil for such a vessel shall
comply with the Western Alaska oil spill planning
criteria established under subparagraph (D)(i).
``(C) Relation to national planning criteria.--The
Western Alaska oil spill planning criteria established
under subparagraph (D)(i) shall, with respect to a
discharge of oil from a vessel described in
subparagraph (B), apply in lieu of any alternative
planning criteria accepted for vessels operating, prior
to the date on which the Western Alaska oil spill
planning criteria are established, in any part of the
area of responsibility of the Western Alaska Captain of
the Port Zone or the Prince William Sound Captain of
the Port Zone for which the Secretary has determined
that the national planning criteria established
pursuant to this subsection are inappropriate for a
vessel operating in such area.
``(D) Establishment of western alaska oil spill
planning criteria.--
``(i) In general.--The President, acting
through the Commandant, in consultation with
the Western Alaska Oil Spill Criteria Program
Manager selected under section 323 of title 14,
United States Code, shall establish--
``(I) Western Alaska oil spill
planning criteria for a worst case
discharge of oil, and a substantial
threat of such a discharge, within any
part of the area of responsibility of
the Western Alaska Captain of the Port
Zone or Prince William Sound Captain of
the Port Zone for which the Secretary
has determined that the national
planning criteria established pursuant
to this subsection are inappropriate
for a vessel operating in such area;
and
``(II) standardized submission,
review, approval, and compliance
verification processes for the Western
Alaska oil spill planning criteria
established under this clause,
including the quantity and frequency of
drills and on-site verifications of
vessel response plans approved pursuant
to such planning criteria.
``(ii) Development of subregions.--
``(I) Development.--After
establishing the Western Alaska oil
spill planning criteria under clause
(i), and if necessary to adequately
reflect the needs and capabilities of
various locations within the Western
Alaska Captain of the Port Zone, the
President, acting through the
Commandant, and in consultation with
the Western Alaska Oil Spill Criteria
Program Manager selected under section
323 of title 14, United States Code,
may develop subregions for which
planning criteria may differ from
planning criteria for other subregions
in the Western Alaska Captain of the
Port Zone.
``(II) Limitation.--Any planning
criteria for a subregion developed
under this clause may not be less
stringent than the Western Alaska oil
spill planning criteria established
under clause (i).
``(iii) Assessment.--
``(I) In general.--Prior to
developing a subregion, the President,
acting through the Commandant, shall
conduct an assessment on any potential
impacts to the entire Western Alaska
Captain of the Port Zone to include
quantity and availability of response
resources in the proposed subregion and
in surrounding areas and any changes or
impacts to surrounding areas resulting
in the development of a subregion with
different standards.
``(II) Consultation.--In conducting
an assessment under this clause, the
President, acting through the
Commandant, shall consult with State
and local governments, Tribes (as
defined in section 323 of title 14,
United States Code), the owners and
operators that would operate under the
proposed subregions, oil spill removal
organizations, Alaska Native
organizations, and environmental
nongovernmental organizations, and
shall take into account any experience
with the prior use of subregions within
the State of Alaska.
``(III) Submission.--The President,
acting through the Commandant, shall
submit the results of an assessment
conducted under this clause to the
Committee on Transportation and
Infrastructure of the House of
Representatives and the Committee on
Commerce, Science, and Transportation
of the Senate.
``(E) Inclusions.--
``(i) Requirements.--The Western Alaska oil
spill planning criteria established under
subparagraph (D)(i) shall include planning
criteria for the following:
``(I) Mechanical oil spill response
resources that are required to be
located within any part of the area of
responsibility of the Western Alaska
Captain of the Port Zone or the Prince
William Sound Captain of the Port Zone
for which the Secretary has determined
that the national planning criteria
established pursuant to this subsection
are inappropriate for a vessel
operating in such area.
``(II) Response times for
mobilization of oil spill response
resources and arrival on the scene of a
worst case discharge of oil, or
substantial threat of such a discharge,
occurring within such part of such
area.
``(III) Pre-identified vessels for
oil spill response that are capable of
operating in the ocean environment.
``(IV) Ensuring the availability of
at least 1 oil spill removal
organization that is classified by the
Coast Guard and that--
``(aa) is capable of
responding in all operating
environments in such part of
such area;
``(bb) controls oil spill
response resources of dedicated
and nondedicated resources
within such part of such area,
through ownership, contracts,
agreements, or other means
approved by the President,
sufficient--
``(AA) to mobilize
and sustain a response
to a worst case
discharge of oil; and
``(BB) to contain,
recover, and
temporarily store
discharged oil;
``(cc) has pre-positioned
oil spill response resources in
strategic locations throughout
such part of such area in a
manner that ensures the ability
to support response personnel,
marine operations, air cargo,
or other related logistics
infrastructure;
``(dd) has temporary
storage capability using both
dedicated and non-dedicated
assets located within such part
of such area;
``(ee) has non-mechanical
oil spill response resources
capable of responding to a
discharge of persistent oil and
a discharge of nonpersistent
oil, whether the discharged oil
was carried by a vessel as fuel
or cargo; and
``(ff) has wildlife
response resources for primary,
secondary, and tertiary
responses to support carcass
collection, sampling,
deterrence, rescue, and
rehabilitation of birds, sea
turtles, marine mammals,
fishery resources, and other
wildlife.
``(V) With respect to tank barges
carrying nonpersistent oil in bulk as
cargo, oil spill response resources
that are required to be carried on
board.
``(VI) Specifying a minimum length
of time that approval of a vessel
response plan under this paragraph is
valid.
``(VII) Managing wildlife
protection and rehabilitation,
including identified wildlife
protection and rehabilitation resources
in that area.
``(ii) Additional considerations.--The
Western Alaska oil spill planning criteria
established under subparagraph (D)(i) may
include planning criteria for the following:
``(I) Vessel routing measures
consistent with international routing
measure deviation protocols.
``(II) Maintenance of real-time
continuous vessel tracking, monitoring,
and engagement protocols with the
ability to detect and address vessel
operation anomalies.
``(F) Requirement for approval.--The President may
approve a vessel response plan for a vessel under this
paragraph only if the owner or operator of the vessel
demonstrates the availability of the oil spill response
resources required to be included in the vessel
response plan under the Western Alaska oil spill
planning criteria established under subparagraph
(D)(i).
``(G) Periodic audits.--The Secretary shall conduct
periodic audits to ensure compliance of vessel response
plans and oil spill removal organizations within the
Western Alaska Captain of the Port Zone and the Prince
William Sound Captain of the Port Zone with the Western
Alaska oil spill planning criteria established under
subparagraph (D)(i).
``(H) Review of determination.--Not less frequently
than once every 5 years, the Secretary shall review
each determination of the Secretary under subparagraph
(B) that the national planning criteria established
pursuant to this subsection are inappropriate for a
vessel operating in the area of responsibility of the
Western Alaska Captain of the Port Zone and the Prince
William Sound Captain of the Port Zone.
``(I) Vessels in cook inlet.--Unless otherwise
authorized by the Secretary, a vessel may only operate
in Cook Inlet, Alaska, under a vessel response plan
approved under paragraph (5) that meets the
requirements of the national planning criteria
established pursuant to this subsection.
``(J) Savings provisions.--Nothing in this
paragraph affects--
``(i) the requirements under this
subsection applicable to vessel response plans
for vessels operating within the area of
responsibility of the Western Alaska Captain of
the Port Zone, within Cook Inlet, Alaska;
``(ii) the requirements under this
subsection applicable to vessel response plans
for vessels operating within the area of
responsibility of the Prince William Sound
Captain of the Port Zone that are subject to
section 5005 of the Oil Pollution Act of 1990
(33 U.S.C. 2735); or
``(iii) the authority of a Federal On-Scene
Coordinator to use any available resources when
responding to an oil spill.''.
(2) Establishment of western alaska oil spill planning
criteria.--
(A) Deadline.--Not later than 2 years after the
date of enactment of this Act, the President shall
establish the Western Alaska oil spill planning
criteria required to be established under paragraph
(9)(D)(i) of section 311(j) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(j)).
(B) Consultation.--In establishing the Western
Alaska oil spill planning criteria described in
subparagraph (A), the President shall consult with the
Federal agencies, State and local governments, Tribes
(as defined in section 323 of title 14, United States
Code), the owners and operators that would be subject
to such planning criteria, oil spill removal
organizations, Alaska Native organizations, and
environmental nongovernmental organizations.
(C) Congressional report.--Not later than 2 years
after the date of enactment of this Act, the Secretary
shall submit to Congress a report describing the status
of implementation of paragraph (9) of section 311(j) of
the Federal Water Pollution Control Act (33 U.S.C.
1321(j)).
SEC. 11310. COAST GUARD CLAIMS PROCESSING COSTS.
Section 1012(a)(4) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(4)) is amended by striking ``damages;'' and inserting
``damages, including, in the case of a spill of national significance
that results in extraordinary Coast Guard claims processing activities,
the administrative and personnel costs of the Coast Guard to process
such claims (including the costs of commercial claims processing,
expert services, training, and technical services), subject to the
condition that the Coast Guard shall submit to Congress a report
describing each spill of national significance not later than 30 days
after the date on which the Coast Guard determines it necessary to
process such claims;''.
SEC. 11311. CALCULATION OF INTEREST ON DEBT OWED TO NATIONAL POLLUTION
FUND.
Section 1005(b)(4) of the Oil Pollution Act of 1990 (33 U.S.C.
2705(b)(4)) is amended--
(1) by striking ``The interest paid'' and inserting the
following:
``(A) In general.--The interest paid for claims,
other than Federal Government cost recovery claims,'';
and
(2) by adding at the end the following:
``(B) Federal cost recovery claims.--The interest
paid for Federal Government cost recovery claims under
this section shall be calculated in accordance with
section 3717 of title 31, United States Code.''.
SEC. 11312. PER-INCIDENT LIMITATION.
Subparagraph (A) of section 9509(c)(2) of the Internal Revenue Code
of 1986 is amended--
(1) in clause (i) by striking ``$1,000,000,000'' and
inserting ``$1,500,000,000'';
(2) in clause (ii) by striking ``$500,000,000'' and
inserting ``$750,000,000''; and
(3) in the heading by striking ``$1,000,000,000'' and
inserting ``$1,500,000,000''.
SEC. 11313. ACCESS TO OIL SPILL LIABILITY TRUST FUND.
Section 6002 of the Oil Pollution Act of 1990 (33 U.S.C. 2752) is
amended by striking subsection (b) and inserting the following:
``(b) Exceptions.--
``(1) In general.--Subsection (a) shall not apply to--
``(A) section 1006(f), 1012(a)(4), or 5006; or
``(B) an amount, which may not exceed $50,000,000
in any fiscal year, made available by the President
from the Fund--
``(i) to carry out section 311(c) of the
Federal Water Pollution Control Act (33 U.S.C.
1321(c)); and
``(ii) to initiate the assessment of
natural resources damages required under
section 1006.
``(2) Fund advances.--
``(A) In general.--To the extent that the amount
described in subparagraph (B) of paragraph (1) is not
adequate to carry out the activities described in such
subparagraph, the Coast Guard may obtain 1 or more
advances from the Fund as may be necessary, up to a
maximum of $100,000,000 for each advance, with the
total amount of advances not to exceed the amounts
available under section 9509(c)(2) of the Internal
Revenue Code of 1986.
``(B) Notification to congress.--Not later than 30
days after the date on which the Coast Guard obtains an
advance under subparagraph (A), the Coast Guard shall
notify Congress of--
``(i) the amount advanced; and
``(ii) the facts and circumstances that
necessitated the advance.
``(C) Repayment.--Amounts advanced under this
paragraph shall be repaid to the Fund when, and to the
extent that, removal costs are recovered by the Coast
Guard from responsible parties for the discharge or
substantial threat of discharge.
``(3) Availability.--Amounts to which this subsection
applies shall remain available until expended.''.
SEC. 11314. COST-REIMBURSABLE AGREEMENTS.
Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712) is
amended--
(1) in subsection (a)(1)(B) by striking ``by a Governor or
designated State official'' and inserting ``by a State, a
political subdivision of a State, or an Indian tribe, pursuant
to a cost-reimbursable agreement'';
(2) by striking subsections (d) and (e) and inserting the
following:
``(d) Cost-Reimbursable Agreement.--
``(1) In general.--In carrying out section 311(c) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(c)), the
President may enter into cost-reimbursable agreements with a
State, a political subdivision of a State, or an Indian tribe
to obligate the Fund for the payment of removal costs
consistent with the National Contingency Plan.
``(2) Inapplicability.--Chapter 63 and section 1535 of
title 31, United States Code shall not apply to a cost-
reimbursable agreement entered into under this subsection.'';
and
(3) by redesignating subsections (f), (h), (i), (j), (k),
and (l) as subsections (e), (f), (g), (h), (i), and (j),
respectively.
SEC. 11315. OIL SPILL RESPONSE REVIEW.
(a) In General.--Subject to the availability of appropriations, the
Commandant shall develop and carry out a program--
(1) to increase collection and improve the quality of
incident data on oil spill location and response capability by
periodically evaluating the data, documentation, and analysis
of--
(A) Coast Guard-approved vessel response plans,
including vessel response plan audits and assessments;
(B) oil spill response drills conducted under
section 311(j)(7) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(j)(7)) that occur within
the Marine Transportation System; and
(C) responses to oil spill incidents that require
mobilization of contracted response resources;
(2) to improve the effectiveness of vessel response plans
by--
(A) systematically reviewing the capacity of an oil
spill response organization identified in a vessel
response plan to provide the specific response
resources, such as private personnel, equipment, other
vessels identified in such vessel response plan; and
(B) approving a vessel response plan only after
confirming the identified oil spill response
organization has the capacity to provide such response
resources;
(3) to update, not less frequently than annually,
information contained in the Coast Guard Response Resource
Inventory and other Coast Guard tools used to document the
availability and status of oil spill response equipment, so as
to ensure that such information remains current; and
(4) subject to section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act''), to make
data collected under paragraph (1) available to the public.
(b) Policy.--Not later than 1 year after the date of enactment of
this Act, the Commandant shall issue a policy--
(1) to establish processes to maintain the program under
subsection (a) and support Coast Guard oil spill prevention and
response activities, including by incorporating oil spill
incident data from after-action oil spill reports and data
ascertained from vessel response plan exercises and audits
into--
(A) review and approval process standards and
metrics;
(B) alternative planning criteria review processes;
(C) Area Contingency Plan development;
(D) risk assessments developed under section 70001
of title 46, United States Code, including lessons
learned from reportable marine casualties;
(E) processes and standards which mitigate the
impact of military personnel rotations in Coast Guard
field units on knowledge and awareness of vessel
response plan requirements, including knowledge
relating to the evaluation of proposed alternatives to
national planning requirements; and
(F) processes and standards which evaluate the
consequences of reporting inaccurate data in vessel
response plans submitted to the Commandant pursuant to
part 300 of title 40, Code of Federal Regulations, and
submitted for storage in the Marine Information for
Safety and Law Enforcement database pursuant to section
300.300 of such title (or any successor regulation);
(2) to standardize and develop tools, training, and other
relevant guidance that may be shared with vessel owners and
operators to assist with accurately calculating and measuring
the performance and viability of proposed alternatives to
national planning criteria requirements and Area Contingency
Plans administered by the Coast Guard;
(3) to improve training of Coast Guard personnel to ensure
continuity of planning activities under this section, including
by identifying ways in which civilian staffing may improve the
continuity of operations; and
(4) to increase Federal Government engagement with State,
local, and Tribal governments and stakeholders so as to
strengthen coordination and efficiency of oil spill responses.
(c) Periodic Updates.--Not less frequently than every 5 years, the
Commandant shall update the processes established under subsection
(b)(1) to incorporate relevant analyses of--
(1) incident data on oil spill location and response
quality;
(2) oil spill risk assessments;
(3) oil spill response effectiveness and the effects of
such response on the environment;
(4) oil spill response drills conducted under section
311(j)(7) of the Federal Water Pollution Control Act (33 U.S.C.
1321(j)(7));
(5) marine casualties reported to the Coast Guard; and
(6) near miss incidents documented by a vessel traffic
service center (as such terms are defined in sections 70001(m)
of title 46, United States Code).
(d) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for 5 years, the
Commandant shall provide to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a briefing on the status of ongoing and planned
efforts to improve the effectiveness and oversight of the
program established under subsection (a) and vessel response
plan approvals.
(2) Public availability.--The Commandant shall publish the
briefing required under paragraph (1) on a publicly accessible
website of the Coast Guard.
SEC. 11316. ADDITIONAL EXCEPTIONS TO REGULATIONS FOR TOWING VESSELS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall review existing Coast Guard
policies with respect to exceptions to the applicability of subchapter
M of chapter I of title 46, Code of Federal Regulations (or successor
regulations), for--
(1) an oil spill response vessel, or a vessel of
opportunity, while such vessel is--
(A) towing boom for oil spill response; or
(B) participating in an oil response exercise; and
(2) a fishing vessel while that vessel is operating as a
vessel of opportunity.
(b) Policy.--Not later than 180 days after the conclusion of the
review required under subsection (a), the Secretary shall revise or
issue any necessary policy to clarify the applicability of subchapter M
of chapter I of title 46, Code of Federal Regulations (or successor
regulations) to the vessels described in subsection (a). Such a policy
shall ensure safe and effective operation of such vessels.
(c) Definitions.--In this section:
(1) Fishing vessel; oil spill response vessel.--The terms
``fishing vessel'' and ``oil spill response vessel'' have the
meanings given such terms in section 2101 of title 46, United
States Code.
(2) Vessel of opportunity.--The term ``vessel of
opportunity'' means a vessel engaged in spill response
activities that is normally and substantially involved in
activities other than spill response and not a vessel carrying
oil as a primary cargo.
SEC. 11317. PORT COORDINATION COUNCIL FOR POINT SPENCER.
Section 541 of the Coast Guard Authorization Act of 2016 (Public
Law 114-120) is amended--
(1) in subsection (b)(2) by striking ``BSNC'' and inserting
the following: ``BSNC (to serve as Council Chair).
``(3) The Denali Commission.
``(4) An oil spill removal organization that serves the
area in which such Port is located.
``(5) A salvage and marine firefighting organization that
serves the area in which such Port is located.''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (B) by striking the
semicolon and inserting ``; and'';
(ii) by striking ``; and'' and inserting
the following: ``at Point Spencer in support of
the activities for which Congress finds a
compelling need in section 531 of this
subtitle.''; and
(iii) by striking subparagraph (D); and
(B) by striking paragraph (3) and inserting the
following:
``(3) Facilitate coordination among members of the Council
on the development and use of the land and coastline of Point
Spencer, as such development and use relate to activities of
the Council at the Port of Point Spencer.''.
Subtitle C--Environmental Compliance
SEC. 11318. PROVIDING REQUIREMENTS FOR VESSELS ANCHORED IN ESTABLISHED
ANCHORAGE GROUNDS.
(a) In General.--Subchapter I of chapter 700 of title 46, United
States Code, is amended by adding at the end the following:
``Sec. 70007. Anchorage grounds
``(a) Anchorage Grounds.--
``(1) Establishment.--The Secretary of the department in
which the Coast Guard is operating shall define and establish
anchorage grounds in the navigable waters of the United States
for vessels operating in such waters.
``(2) Relevant factors for establishment.--In carrying out
paragraph (1), the Secretary shall take into account all
relevant factors concerning navigational safety, protection of
the marine environment, proximity to undersea pipelines and
cables, safe and efficient use of Marine Transportation System,
and national security.
``(b) Vessel Requirements.--Vessels, of certain sizes or type
determined by the Secretary, shall--
``(1) set and maintain an anchor alarm for the duration of
an anchorage;
``(2) comply with any directions or orders issued by the
Captain of the Port; and
``(3) comply with any applicable anchorage regulations.
``(c) Prohibitions.--A vessel may not--
``(1) anchor in any Federal navigation channel unless
authorized or directed to by the Captain of the Port;
``(2) anchor in near proximity, within distances determined
by the Coast Guard, to an undersea pipeline or cable, unless
authorized or directed to by the Captain of the Port; and
``(3) anchor or remain anchored in an anchorage ground
during any period in which the Captain of the Port orders
closure of the anchorage ground due to inclement weather,
navigational hazard, a threat to the environment, or other
safety or security concern.
``(d) Safety Exception.--Nothing in this section shall be construed
to prevent a vessel from taking actions necessary to maintain the
safety of the vessel or to prevent the loss of life or property.''.
(b) Regulatory Review.--
(1) Review required.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall review existing
policies, final agency actions, regulations, or other rules
relating to anchorage promulgated under section 70006 of title
46, United States Code and--
(A) identify any such regulations or rules that may
need modification or repeal--
(i) in the interest of marine safety,
security, and environmental concerns, taking
into account undersea pipelines, cables, or
other infrastructure; or
(ii) to implement the amendments made by
this section; and
(B) complete a cost-benefit analysis for any
modification or repeal identified under paragraph (1).
(2) Briefing.--Upon completion of the review under
paragraph (1), but not later than 2 years after the date of
enactment of this Act, the Secretary shall provide a briefing
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives that summarizes
such review.
(c) Savings Clause.--Nothing in this section shall limit any
authority available, as of the date of enactment of this Act, to the
captain of a port with respect to safety measures or any other
authority as necessary for the safety of vessels located in anchorage
grounds in the navigable waters of the United States.
(d) Clerical Amendment.--The analysis for chapter 700 of title 46,
United States Code, is amended by inserting after the item relating to
section 70006 the following:
``70007. Anchorage grounds.''.
(e) Applicability of Regulations.--The amendments made by
subsection (a) may not be construed to alter any existing rules,
regulations, or final agency actions issued under section 70006 of
title 46, United States Code, as in effect on the day before the date
of enactment of this Act, until all regulations required under
subsection (b) take effect.
SEC. 11319. STUDY ON IMPACTS ON SHIPPING AND COMMERCIAL, TRIBAL, AND
RECREATIONAL FISHERIES FROM DEVELOPMENT OF RENEWABLE
ENERGY ON WEST COAST.
(a) Study.--Not later than 180 days after the date of enactment of
this Act, the Secretary, the Secretary of the Interior, and the Under
Secretary of Commerce for Oceans and Atmosphere, shall seek to enter
into an agreement with the National Academies of Science, Engineering,
and Medicine under which the National Academy of Sciences, Engineering,
and Medicine shall carry out a study to--
(1) identify, document, and analyze--
(A) historic and current, as of the date of the
study, Tribal, commercial, and recreational fishing
grounds, as well as areas where fish stocks are likely
to shift in the future in all covered waters;
(B) usual and accustomed fishing areas in all
covered waters;
(C) historic, current, and potential future
shipping lanes, based on projected growth in shipping
traffic in all covered waters;
(D) current and expected Coast Guard operations
relevant to commercial fishing activities, including
search and rescue, radar, navigation, communications,
and safety within and near renewable energy sites; and
(E) key types of data needed to properly site
renewable energy sites on the West Coast, with regard
to assessing and mitigating conflicts;
(2) analyze--
(A) methods used to manage fishing, shipping, and
other maritime activities; and
(B) potential future interactions between such
activities and the placement of renewable energy
infrastructure and the associated construction,
maintenance, and operation of such infrastructure,
including potential benefits and methods of mitigating
adverse impacts; and
(3) review the current decision-making process for offshore
wind in covered waters, and outline recommendations for
governmental consideration of all impacted coastal communities,
particularly Tribal governments and fisheries communities, in
the decision-making process for offshore wind in covered
waters, including recommendations for--
(A) ensuring the appropriate governmental
consideration of potential benefits of offshore wind in
covered waters; and
(B) risk reduction and mitigation of adverse
impacts on Coast Guard operations relevant to
commercial fishing activities.
(b) Submission.--Not later than 1 year after commencing the study
under subsection (a), the Secretary shall--
(1) submit the study to the Committees on Commerce,
Science, and Transportation, and Energy and Natural Resources
of the Senate and the Committees on Transportation and
Infrastructure, Natural Resources, and Energy and Commerce of
the House of Representatives, including the review and outline
provided under subsection (a)(3); and
(2) make the study publicly available.
(c) Definitions.--In this section:
(1) Covered waters.--The term ``covered waters'' means
Federal or State waters off of the Canadian border and out to
the furthest extent of the exclusive economic zone along the
West Coast of the United States.
(2) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given such term in section 107 of title
46, United States Code.
SEC. 11320. USE OF DEVICES BROADCASTING ON AIS FOR PURPOSES OF MARKING
FISHING GEAR.
The Secretary shall, within the Eleventh Coast Guard District,
Thirteenth Coast Guard District, Fourteenth Coast Guard District, and
Seventeenth Coast Guard District, suspend enforcement of individuals
using automatic identification systems devices to mark fishing
equipment during the period beginning on the date of enactment of this
Act and ending on the earlier of--
(1) the date that is 2 years after such date of enactment;
or
(2) the date on which the Federal Communications Commission
promulgates a final rule to authorize a device used to mark
fishing equipment to operate in radio frequencies assigned for
Automatic Identification System stations.
Subtitle D--Environmental Issues
SEC. 11321. NOTIFICATION OF COMMUNICATION OUTAGES.
(a) Upgrades to Rescue 21 System in Alaska.--Not later than August
30, 2023, the Commandant shall ensure the timely upgrade of the Rescue
21 system in Alaska so as to achieve 98 percent operational
availability of remote fixed facility sites.
(b) Plan to Reduce Outages.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall develop an
operations and maintenance plan for the Rescue 21 system in
Alaska that anticipates maintenance needs so as to reduce
Rescue 21 system outages to the maximum extent practicable.
(2) Public availability.--The plan required under paragraph
(1) shall be made available to the public on a publicly
accessible website.
(c) Report Required.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report that--
(1) contains a plan for the Coast Guard to notify mariners
of radio outages for towers owned and operated by the
Seventeenth Coast Guard District;
(2) addresses in such plan how the Seventeenth Coast Guard
will--
(A) disseminate updates regarding outages on social
media not less frequently than every 48 hours;
(B) provide updates on a publicly accessible
website not less frequently than every 48 hours;
(C) develop methods for notifying mariners in areas
in which cellular connectivity does not exist; and
(D) develop and advertise a web-based
communications update hub on AM/FM radio for mariners;
and
(3) identifies technology gaps that need to be mitigated in
order to implement the plan and provides a budgetary assessment
necessary to implement the plan.
(d) Contingency Plan.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall, in collaboration
with relevant Federal, State, Tribal, and other relevant
entities (including the North Pacific Fishery Management
Council, the National Oceanic and Atmospheric Administration
Weather Service, the National Oceanic and Atmospheric
Administration Fisheries Service, agencies of the State of
Alaska, local radio stations, and stakeholders), establish a
contingency plan to ensure that notifications of an outage of
the Rescue 21 system in Alaska are broadly disseminated in
advance of such an outage.
(2) Elements.--The contingency plan required under
paragraph (1) shall require the Coast Guard to--
(A) disseminate updates regarding outages of the
Rescue 21 system in Alaska on social media not less
frequently than every 48 hours during an outage;
(B) provide updates on a publicly accessible
website not less frequently than every 48 hours during
an outage;
(C) notify mariners in areas in which cellular
connectivity does not exist;
(D) develop and advertise a web-based
communications update hub on AM/FM radio for mariners;
and
(E) identify technology gaps necessary to implement
the plan and provides a budgetary assessment necessary
to implement the plan.
SEC. 11322. IMPROVEMENTS TO COMMUNICATION WITH FISHING INDUSTRY AND
RELATED STAKEHOLDERS.
(a) In General.--The Commandant, in coordination with the National
Commercial Fishing Safety Advisory Committee established by section
15102 of title 46, United States Code, shall develop a publicly
accessible website that contains all information related to fishing
industry activities, including vessel safety, inspections, enforcement,
hazards, training, regulations (including proposed regulations),
outages of the Rescue 21 system in Alaska and similar outages, and any
other fishing-related activities.
(b) Automatic Communications.--The Commandant shall provide methods
for regular and automatic email communications with stakeholders who
elect, through the website developed under subsection (a), to receive
such communications.
SEC. 11323. ADVANCE NOTIFICATION OF MILITARY OR OTHER EXERCISES.
In consultation with the Secretary of Defense, the Secretary of
State, and commercial fishing industry participants, the Commandant
shall develop and publish on a publicly available website a plan for
notifying United States mariners and the operators of United States
fishing vessels in advance of--
(1) military exercises in the exclusive economic zone (as
defined in section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802)); or
(2) other military activities that will impact recreational
or commercial activities.
SEC. 11324. MODIFICATIONS TO SPORT FISH RESTORATION AND BOATING TRUST
FUND ADMINISTRATION.
(a) Dingell-Johnson Sport Fish Restoration Act Amendments.--
(1) Available amounts.--Section 4(b)(1)(B)(i) of the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777c(b)(1)(B)(i)) is amended to read as follows:
``(i) for the fiscal year that includes
November 15, 2021, the product obtained by
multiplying--
``(I) $12,786,434; and
``(II) the change, relative to the
preceding fiscal year, in the Consumer
Price Index for All Urban Consumers
published by the Department of Labor;
and''.
(2) Authorized expenses.--Section 9(a) of the Dingell-
Johnson Sport Fish Restoration Act (16 U.S.C. 777h(a)) is
amended--
(A) in paragraph (7) by striking ``full-time''; and
(B) in paragraph (9) by striking ``on a full-time
basis''.
(b) Pittman-Robertson Wildlife Restoration Act Amendments.--
(1) Available amounts.--Section 4(a)(1)(B)(i) of the
Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669c(a)(1)(B)(i)) is amended to read as follows:
``(i) for the fiscal year that includes
November 15, 2021, the product obtained by
multiplying--
``(I) $12,786,434; and
``(II) the change, relative to the
preceding fiscal year, in the Consumer
Price Index for All Urban Consumers
published by the Department of Labor;
and''.
(2) Authorized expenses.--Section 9(a) of the Pittman-
Robertson Wildlife Restoration Act (16 U.S.C. 669h(a)) is
amended--
(A) in paragraph (7) by striking ``full-time''; and
(B) in paragraph (9) by striking ``on a full-time
basis''.
SEC. 11325. LOAD LINES.
(a) Application to Certain Vessels.--During the period beginning on
the date of enactment of this Act and ending on the date that is 3
years after the date on which the report required under subsection (b)
is submitted, the load line requirements of chapter 51 of title 46,
United States Code, shall not apply to covered fishing vessels.
(b) GAO Report.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives--
(A) a report on the safety and seaworthiness of
vessels described in section 5102(b)(5) of title 46,
United States Code; and
(B) recommendations for exempting certain vessels
from the load line requirements under chapter 51 of
title 46 of such Code.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) An assessment of stability requirements of
vessels referenced in section 5102(b)(5) of title 46,
United States Code.
(B) An analysis of vessel casualties, mishaps, or
other safety information relevant to load line
requirements when a vessel is operating part-time as a
fish tender vessel.
(C) An assessment of any other safety information
as the Comptroller General determines appropriate.
(D) A list of all vessels that, as of the date of
the report--
(i) are covered under section 5102(b)(5) of
title 46, United States Code;
(ii) are acting as part-time fish tender
vessels; and
(iii) are subject to any captain of the
port zone subject to the oversight of the
Commandant.
(3) Consultation.--In preparing the report required under
paragraph (1), the Comptroller General shall consider
consultation with, at a minimum, the maritime industry,
including--
(A) relevant Federal, State, and Tribal maritime
associations and groups; and
(B) relevant federally funded research
institutions, nongovernmental organizations, and
academia.
(c) Savings Clause.--Nothing in this section shall limit any
authority available, as of the date of enactment of this Act, to the
captain of a port with respect to safety measures or any other
authority as necessary for the safety of covered fishing vessels.
(d) Definition of Covered Fishing Vessel.--In this section, the
term ``covered fishing vessel'' means a vessel that operates
exclusively in one, or both, of the Thirteenth and Seventeenth Coast
Guard Districts and that--
(1) was constructed, under construction, or under contract
to be constructed as a fish tender vessel before January 1,
1980;
(2) was converted for use as a fish tender vessel before
January 1, 2022, and--
(A) has a valid stability letter issued in
accordance with regulations prescribed under chapter 51
of title 46, United States Code; and
(B) the hull and internal structure of the vessel
has been verified as suitable for intended service as
examined by a marine surveyor of an organization
accepted by the Secretary two times in the past five
years with no interval of more than three years between
such examinations; or
(3) operates part-time as a fish tender vessel for a period
of less than 180 days.
SEC. 11326. ACTIONS BY NATIONAL MARINE FISHERIES SERVICE TO INCREASE
ENERGY PRODUCTION.
(a) In General.--The National Marine Fisheries Service shall,
immediately upon the enactment of this Act, take action to address the
outstanding backlog of letters of authorization for the Gulf of Mexico.
(b) Sense of Congress.--It is the sense of Congress that the
National Marine Fisheries Service should--
(1) take immediate action to issue a rule that allows the
Service to approve outstanding and future applications for
letters of authorization consistent with the permitting
activities of the Service; and
(2) on or after the effective date of such rule, prioritize
the consideration of applications in a manner that is
consistent with applicable Federal law.
SEC. 11327. AQUATIC NUISANCE SPECIES TASK FORCE.
(a) Recreational Vessel Defined.--Section 1003 of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is
amended--
(1) by redesignating paragraphs (13) through (17) as
paragraphs (15) through (19), respectively; and
(2) by inserting after paragraph (12) the following:
``(13) `State' means each of the several States, the
District of Columbia, American Samoa, Guam, Puerto Rico, the
Northern Mariana Islands, and the Virgin Islands of the United
States;
``(14) `recreational vessel' has the meaning given that
term in section 502 of the Federal Water Pollution Control Act
(33 U.S.C. 1362);''.
(b) Observers.--Section 1201 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4721) is amended by
adding at the end the following:
``(g) Observers.--The chairpersons designated under subsection (d)
may invite representatives of nongovernmental entities to participate
as observers of the Task Force.''.
(c) Aquatic Nuisance Species Task Force.--Section 1201(b) of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4721(b)) is amended--
(1) in paragraph (6) by striking ``and'' at the end;
(2) by redesignating paragraph (7) as paragraph (10); and
(3) by inserting after paragraph (6) the following:
``(7) the Director of the National Park Service;
``(8) the Director of the Bureau of Land Management;
``(9) the Commissioner of Reclamation; and''.
(d) Aquatic Nuisance Species Program.--Section 1202 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4722) is amended--
(1) in subsection (e) by adding at the end the following:
``(4) Technical assistance and recommendations.--The Task
Force may provide technical assistance and recommendations for
best practices to an agency or entity engaged in vessel
inspections or decontaminations for the purpose of--
``(A) effectively managing and controlling the
movement of aquatic nuisance species into, within, or
out of water of the United States; and
``(B) inspecting recreational vessels in a manner
that minimizes disruptions to public access for boating
and recreation in non-contaminated vessels.
``(5) Consultation and input.--In carrying out paragraph
(4), including the development of recommendations, the Task
Force may consult with Indian Tribes and solicit input from--
``(A) State and Tribal fish and wildlife management
agencies;
``(B) other State and Tribal agencies that manage
fishery resources of the State or sustain fishery
habitat; and
``(C) relevant nongovernmental entities.''; and
(2) in subsection (k) by adding at the end the following:
``(3) Not later than 90 days after the date of enactment of
the Don Young Coast Guard Authorization Act of 2022, the Task
Force shall submit a report to Congress recommending
legislative, programmatic, or regulatory changes to eliminate
remaining gaps in authorities between members of the Task Force
to effectively manage and control the movement of aquatic
nuisance species.''.
(e) Technical Corrections and Conforming Amendments.--The
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4701 et seq.) is further amended--
(1) in section 1002(b)(2) by inserting a comma after
``funded'';
(2) in section 1003 in paragraph (7) by striking
``Canandian'' and inserting ``Canadian'';
(3) in section 1203(a)--
(A) in paragraph (1)(F) by inserting ``and'' after
``research,''; and
(B) in paragraph (3) by striking ``encourage'' and
inserting ``encouraged'';
(4) in section 1204(b)(4) in the paragraph heading by
striking ``Adminisrative'' and inserting ``Administrative'';
and
(5) in section 1209 by striking ``subsection (a)'' and
inserting ``section 1202(a)''.
SEC. 11328. SAFETY STANDARDS.
(a) In General.--Section 4502 of title 46, United States Code, is
amended--
(1) in subsection (i)(4) by striking ``each of fiscal years
2018 through 2021'' and inserting ``fiscal year 2023''; and
(2) in subsection (j)(4) by striking ``each of fiscal years
2018 through 2021'' and inserting ``fiscal year 2023''.
(b) Authorization of Appropriations.--Section 9 of the Maritime
Debris Act (33 U.S.C. 1958) is amended--
(1) in subsection (a) by striking ``each of fiscal years
2018 through 2022'' and inserting ``fiscal year 2023''; and
(2) in subsection (b) by striking ``2702(1)'' and inserting
``4902(1)''.
Subtitle E--Illegal Fishing and Forced Labor Prevention
SEC. 11329. DEFINITIONS.
In this subtitle:
(1) Forced labor.--The term ``forced labor'' means any
labor or service provided for or obtained by any means
described in section 1589(a) of title 18, United States Code.
(2) Human trafficking.--The term ``human trafficking'' has
the meaning given the term ``severe forms of trafficking in
persons'' in section 103 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102).
(3) Illegal, unreported, or unregulated fishing.--The term
``illegal, unreported, or unregulated fishing'' has the meaning
given such term in the implementing regulations or any
subsequent regulations issued pursuant to section 609(e) of the
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(e)).
(4) Oppressive child labor.--The term ``oppressive child
labor'' has the meaning given such term in section 3 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203).
(5) Seafood.--The term ``seafood'' means all marine animal
and plant life meant for consumption as food other than marine
mammals and birds, including fish, shellfish, shellfish
products, and processed fish.
(6) Seafood import monitoring program.--The term ``Seafood
Import Monitoring Program'' means the Seafood Traceability
Program established in subpart Q of part 300 of title 50, Code
of Federal Regulations (or any successor regulation).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Under Secretary of Commerce for
Oceans and Atmosphere.
CHAPTER 1--COMBATING HUMAN TRAFFICKING THROUGH SEAFOOD IMPORT
MONITORING
SEC. 11330. ENHANCEMENT OF SEAFOOD IMPORT MONITORING PROGRAM MESSAGE
SET IN AUTOMATED COMMERCIAL ENVIRONMENT SYSTEM.
The Secretary, in coordination with the Commissioner of U.S.
Customs and Border Protection, shall, not later than 6 months after the
date of enactment of this Act, develop a strategy to improve the
quality and verifiability of already collected Seafood Import
Monitoring Program Message Set data elements in the Automated
Commercial Environment system. Such strategy shall prioritize the use
of enumerated data types, such as checkboxes, dropdown menus, or radio
buttons, and any additional elements the Administrator of the National
Oceanic and Atmospheric Administration finds appropriate.
SEC. 11331. DATA SHARING AND AGGREGATION.
(a) Interagency Working Group on Illegal, Unreported, or
Unregulated Fishing.--Section 3551(c) of the Maritime SAFE Act (16
U.S.C. 8031(c)) is amended--
(1) by redesignating paragraphs (4) through (13) as
paragraphs (5) through (14), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) maximizing the utility of the import data collected
by the members of the Working Group by harmonizing data
standards and entry fields;''.
(b) Prohibition on Aggregated Catch Data for Certain Species.--
Beginning not later than 1 year after the date of enactment of this
Act, for the purposes of compliance with respect to Northern red
snapper under the Seafood Import Monitoring Program, the Secretary may
not allow an aggregated harvest report of such species, regardless of
vessel size.
SEC. 11332. IMPORT AUDITS.
(a) Audit Procedures.--The Secretary shall, not later than 1 year
after the date of enactment of this Act, implement procedures to audit
information and supporting records of sufficient numbers of imports of
seafood and seafood products subject to the Seafood Import Monitoring
Program to support statistically robust conclusions that the samples
audited are representative of all seafood imports covered by the
Seafood Import Monitoring Program with respect to a given year.
(b) Expansion of Marine Forensics Laboratory.--The Secretary shall,
not later than 1 year after the date of enactment of this Act, begin
the process of expanding the National Oceanic and Atmospheric
Administration's Marine Forensics Laboratory, including by establishing
sufficient capacity for the development and deployment of rapid, and
follow-up, analysis of field-based tests focused on identifying Seafood
Import Monitoring Program species, and prioritizing such species at
high risk of illegal, unreported, or unregulated fishing and seafood
fraud.
(c) Annual Revision.--In developing the procedures required in
subsection (a), the Secretary shall use predictive analytics to inform
whether to revise such procedures to prioritize for audit those imports
originating from nations--
(1) identified pursuant to section 609(a) or 610(a) of the
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(a) or 1826k(a)) that have not yet received a subsequent
positive certification pursuant to section 609(d) or 610(c) of
such Act, respectively;
(2) identified by an appropriate regional fishery
management organization as being the flag state or landing
location of vessels identified by other nations or regional
fisheries management organizations as engaging in illegal,
unreported, or unregulated fishing;
(3) identified as having human trafficking or forced labor
in any part of the seafood supply chain, including on vessels
flagged in such nation, and including feed for cultured
production, in the most recent Trafficking in Persons Report
issued by the Department of State in accordance with the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et
seq.);
(4) identified as producing goods that contain seafood
using forced labor or oppressive child labor in the most recent
List of Goods Produced by Child Labor or Forced Labor in
accordance with the Trafficking Victims Protection Act (22
U.S.C. 7101 et seq.); and
(5) identified as at risk for human trafficking, including
forced labor, in their seafood catching and processing
industries by the report required under section 3563 of the
Maritime SAFE Act (Public Law 116-92).
SEC. 11333. AVAILABILITY OF FISHERIES INFORMATION.
Section 402(b)(1) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881a(b)(1)) is amended--
(1) in subparagraph (G) by striking ``or'' after the
semicolon;
(2) in subparagraph (H) by striking the period at the end
of such subparagraph and inserting ``; or''; and
(3) by adding at the end the following:
``(I) to Federal agencies, to the extent necessary
and appropriate, to administer Federal programs
established to combat illegal, unreported, or
unregulated fishing or forced labor (as such terms are
defined in section 11329 of the Don Young Coast Guard
Authorization Act of 2022), which shall not include an
authorization for such agencies to release data to the
public unless such release is related to
enforcement.''.
SEC. 11334. REPORT ON SEAFOOD IMPORT MONITORING PROGRAM.
(a) Report to Congress and Public Availability of Reports.--The
Secretary shall, not later than 120 days after the end of each fiscal
year, submit to the Committee on Commerce, Science, and Transportation
and the Committee on Finance of the Senate and the Committee on Natural
Resources and the Committee on Financial Services of the House of
Representatives a report that summarizes the National Marine Fisheries
Service's efforts to prevent the importation of seafood harvested
through illegal, unreported, or unregulated fishing, particularly with
respect to seafood harvested, produced, processed, or manufactured by
forced labor. Each such report shall be made publicly available on the
website of the National Oceanic and Atmospheric Administration.
(b) Contents.--Each report submitted under subsection (a) shall
include--
(1) the volume and value of seafood species subject to the
Seafood Import Monitoring Program, reported by 10-digit
Harmonized Tariff Schedule of the United States codes, imported
during the previous fiscal year;
(2) the enforcement activities and priorities of the
National Marine Fisheries Service with respect to implementing
the requirements under the Seafood Import Monitoring Program;
(3) the percentage of import shipments subject to the
Seafood Import Monitoring Program selected for inspection or
the information or records supporting entry selected for audit,
as described in section 300.324(d) of title 50, Code of Federal
Regulations;
(4) the number and types of instances of noncompliance with
the requirements of the Seafood Import Monitoring Program;
(5) the number and types of instances of violations of
State or Federal law discovered through the Seafood Import
Monitoring Program;
(6) the seafood species with respect to which violations
described in paragraphs (4) and (5) were most prevalent;
(7) the location of catch or harvest with respect to which
violations described in paragraphs (4) and (5) were most
prevalent;
(8) the additional tools, such as high performance
computing and associated costs, that the Secretary needs to
improve the efficacy of the Seafood Import Monitoring Program;
and
(9) such other information as the Secretary considers
appropriate with respect to monitoring and enforcing compliance
with the Seafood Import Monitoring Program.
SEC. 11335. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Commissioner of U.S.
Customs and Border Protection to carry out enforcement actions pursuant
to section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) $20,000,000
for each of fiscal years 2023 through 2027.
CHAPTER 2--STRENGTHENING INTERNATIONAL FISHERIES MANAGEMENT TO COMBAT
HUMAN TRAFFICKING
SEC. 11336. DENIAL OF PORT PRIVILEGES.
Section 101(a)(2) of the High Seas Driftnet Fisheries Enforcement
Act (16 U.S.C. 1826a(a)(2)) is amended to read as follows:
``(2) Denial of port privileges.--The Secretary of Homeland
Security shall, in accordance with international law--
``(A) withhold or revoke the clearance required by
section 60105 of title 46, United States Code, for any
large-scale driftnet fishing vessel of a nation that
receives a negative certification under section 609(d)
or 610(c) of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826j(d) or 1826k(c)), or
fishing vessels of a nation that has been listed
pursuant to section 609(b) or section 610(a) of such
Act (16 U.S.C. 1826j(b) or 1826k(a)) in 2 or more
consecutive reports for the same type of fisheries
activity, as described under section 607 of such Act
(16 U.S.C. 1826h), until a positive certification has
been received;
``(B) withhold or revoke the clearance required by
section 60105 of title 46, United States Code, for
fishing vessels of a nation that has been listed
pursuant to section 609(a) or 610(a) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(a) or 1826k(a)) in 2 or more consecutive reports
as described under section 607 of such Act (16 U.S.C.
1826h); and
``(C) deny entry of that vessel to any place in the
United States and to the navigable waters of the United
States, except for the purposes of inspecting such
vessel, conducting an investigation, or taking other
appropriate enforcement action.''.
SEC. 11337. IDENTIFICATION AND CERTIFICATION CRITERIA.
(a) Denial of Port Privileges.--Section 609(a) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a)) is
amended--
(1) by striking paragraph (2) and inserting the following:
``(2) For actions of a nation.--The Secretary shall
identify, and list in such report, a nation engaging in or
endorsing illegal, unreported, or unregulated fishing. In
determining which nations to list in such report, the Secretary
shall consider the following:
``(A) Any nation that is violating, or has violated
at any point during the 3 years preceding the date of
the determination, conservation and management
measures, including catch and other data reporting
obligations and requirements, required under an
international fishery management agreement to which the
United States is a party.
``(B) Any nation that is failing, or has failed in
the 3-year period preceding the date of the
determination, to effectively address or regulate
illegal, unreported, or unregulated fishing within its
fleets in any areas where its vessels are fishing.
``(C) Any nation that fails to discharge duties
incumbent upon it under international law or practice
as a flag, port, or coastal state to take action to
prevent, deter, and eliminate illegal, unreported, or
unregulated fishing.
``(D) Any nation that has been identified as
producing for export to the United States seafood-
related goods through forced labor or oppressive child
labor (as those terms are defined in section 11329 of
the Don Young Coast Guard Authorization Act of 2022) in
the most recent List of Goods Produced by Child Labor
or Forced Labor in accordance with the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7101 et
seq.).''; and
(2) by adding at the end the following:
``(4) Timing.--The Secretary shall make an identification
under paragraph (1) or (2) at any time that the Secretary has
sufficient information to make such identification.''.
(b) Illegal, Unreported, or Unregulated Certification
Determination.--Section 609 of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826j) is amended--
(1) in subsection (d) by striking paragraph (3) and
inserting the following:
``(3) Effect of certification determination.--
``(A) Effect of negative certification.--The
provisions of subsection (a) and paragraphs (3) and (4)
of subsection (b) of section 101 of the High Seas
Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a)
and (b)(3) and (4)) shall apply to any nation that,
after being identified and notified under subsection
(b) has failed to take the appropriate corrective
actions for which the Secretary has issued a negative
certification under this subsection.
``(B) Effect of positive certification.--The
provisions of subsection (a) and paragraphs (3) and (4)
of subsection (b) of section 101 of the High Seas
Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a)
and (b)(3) and (4)) shall not apply to any nation
identified under subsection (a) for which the Secretary
has issued a positive certification under this
subsection.'';
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (d) the following:
``(e) Recordkeeping Requirements.--The Secretary shall ensure that
seafood or seafood products authorized for entry under this section are
imported consistent with the reporting and the recordkeeping
requirements of the Seafood Import Monitoring Program described in part
300.324(b) of title 50, Code of Federal Regulations (or any successor
regulation).''.
SEC. 11338. EQUIVALENT CONSERVATION MEASURES.
(a) Identification.--Section 610(a) of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)) is amended to
read as follows:
``(a) Identification.--
``(1) In general.--The Secretary shall identify and list in
the report under section 607--
``(A) a nation if--
``(i) any fishing vessel of that nation is
engaged, or has been engaged during the 3 years
preceding the date of the determination, in
fishing activities or practices on the high
seas or within the exclusive economic zone of
any nation, that have resulted in bycatch of a
protected living marine resource; and
``(ii) the vessel's flag state has not
adopted, implemented, and enforced a regulatory
program governing such fishing designed to end
or reduce such bycatch that is comparable in
effectiveness to the regulatory program of the
United States, taking into account differing
conditions; and
``(B) a nation if--
``(i) any fishing vessel of that nation is
engaged, or has engaged during the 3 years
preceding the date of the determination, in
fishing activities on the high seas or within
the exclusive economic zone of another nation
that target or incidentally catch sharks; and
``(ii) the vessel's flag state has not
adopted, implemented, and enforced a regulatory
program to provide for the conservation of
sharks, including measures to prohibit removal
of any of the fins of a shark, including the
tail, before landing the shark in port, that is
comparable to that of the United States.
``(2) Timing.--The Secretary shall make an identification
under paragraph (1) at any time that the Secretary has
sufficient information to make such identification.''.
(b) Consultation and Negotiation.--Section 610(b) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(b)) is
amended to read as follows:
``(b) Consultation and Negotiation.--The Secretary of State, acting
in consultation with the Secretary, shall--
``(1) notify, as soon as practicable, the President and
nations that are engaged in, or that have any fishing vessels
engaged in, fishing activities or practices described in
subsection (a), about the provisions of this Act;
``(2) initiate discussions as soon as practicable with all
foreign nations that are engaged in, or a fishing vessel of
which has engaged in, fishing activities described in
subsection (a), for the purpose of entering into bilateral and
multilateral treaties with such nations to protect such species
and to address any underlying failings or gaps that may have
contributed to identification under this Act;
``(3) seek agreements calling for international
restrictions on fishing activities or practices described in
subsection (a) through the United Nations, the Committee on
Fisheries of the Food and Agriculture Organization of the
United Nations, and appropriate international fishery
management bodies; and
``(4) initiate the amendment of any existing international
treaty for the protection and conservation of such species to
which the United States is a party in order to make such treaty
consistent with the purposes and policies of this section.''.
(c) Conservation Certification Procedure.--Section 610(c) of the
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826k(c)) is amended--
(1) in paragraph (2) by inserting ``the public and'' after
``comment by'';
(2) in paragraph (4)--
(A) in subparagraph (A) by striking ``and'' after
the semicolon;
(B) in subparagraph (B) by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) ensure that any such fish or fish products
authorized for entry under this section are imported
consistent with the reporting and the recordkeeping
requirements of the Seafood Import Monitoring Program
established in subpart Q of part 300 of title 50, Code
of Federal Regulations (or any successor
regulation).''; and
(3) in paragraph (5) by striking ``(except to the extent
that such provisions apply to sport fishing equipment or fish
or fish products not caught by the vessels engaged in illegal,
unreported, or unregulated fishing)''.
(d) Definition of Protected Living Marine Resource.--Section 610(e)
of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826k(e)) is amended by striking paragraph (1) and inserting the
following:
``(1) except as provided in paragraph (2), means nontarget
fish, sea turtles, or marine mammals that are protected under
United States law or international agreement, including--
``(A) the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.);
``(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
``(C) the Shark Finning Prohibition Act (16 U.S.C.
1822 note); and
``(D) the Convention on International Trade in
Endangered Species of Wild Fauna and Flora, done at
Washington March 3, 1973 (27 UST 1087; TIAS 8249);
but''.
SEC. 11339. CAPACITY BUILDING IN FOREIGN FISHERIES.
(a) In General.--The Secretary, in consultation with the heads of
other Federal agencies, as appropriate, shall develop and carry out
with partner governments and civil society--
(1) multi-year international environmental cooperation
agreements and projects; and
(2) multi-year capacity-building projects for implementing
measures to address illegal, unreported, or unregulated
fishing, fraud, forced labor, bycatch, and other conservation
measures.
(b) Capacity Building.--Section 3543(d) of the Maritime SAFE Act
(16 U.S.C. 8013(d)) is amended--
(1) in the matter preceding paragraph (1) by striking ``as
appropriate,''; and
(2) in paragraph (3) by striking ``as appropriate'' and
inserting ``for all priority regions identified by the Working
Group''.
(c) Reports.--Section 3553 of the Maritime SAFE Act (16 U.S.C.
8033) is amended--
(1) in paragraph (7) by striking ``and'' after the
semicolon;
(2) in paragraph (8) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) the status of work with global enforcement
partners.''.
SEC. 11340. TRAINING OF UNITED STATES OBSERVERS.
Section 403(b) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881b(b)) is amended--
(1) in paragraph (3) by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) ensure that each observer has received training to
identify indicators of forced labor and human trafficking (as
such terms are defined in section 11329 of the Don Young Coast
Guard Authorization Act of 2022) and refer this information to
appropriate authorities; and''.
SEC. 11341. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall promulgate such regulations as may be necessary to
carry out this subtitle and the amendments made by this subtitle.
TITLE CXIV--SUPPORT FOR COAST GUARD WORKFORCE
Subtitle A--Support for Coast Guard Members and Families
SEC. 11401. COAST GUARD CHILD CARE IMPROVEMENTS.
(a) Family Discount for Child Development Services.--Section
2922(b)(2) of title 14, United States Code, is amended by adding at the
end the following:
``(D) In the case of an active duty member with two or more
children attending a Coast Guard child development center, the
Commandant may modify the fees to be charged for attendance for the
second and any subsequent child of such member by an amount that is 15
percent less than the amount of the fee otherwise chargeable for the
attendance of the first such child enrolled at the center, or another
fee as the Commandant determines appropriate, consistent with multiple
children.''.
(b) Child Development Center Standards and Inspections.--Section
2923(a) of title 14, United States Code, is amended to read as follows:
``(a) Standards.--The Commandant shall require each Coast Guard
child development center to meet standards of operation--
``(1) that the Commandant considers appropriate to ensure
the health, safety, and welfare of the children and employees
at the center; and
``(2) necessary for accreditation by an appropriate
national early childhood programs accrediting entity.''.
(c) Child Care Subsidy Program.--
(1) Authorization.--
(A) In general.--Subchapter II of chapter 29 of
title 14, United States Code, is amended by adding at
the end the following:
``Sec. 2927. Child care subsidy program
``(a) In General.--
``(1) Authority.--The Commandant may operate a child care
subsidy program to provide financial assistance to eligible
providers that provide child care services or youth program
services to members of the Coast Guard, members of the Coast
Guard with dependents who are participating in the child care
subsidy program, and any other individual the Commandant
considers appropriate, if--
``(A) providing such financial assistance--
``(i) is in the best interests of the Coast
Guard; and
``(ii) enables supplementation or expansion
of the provision of Coast Guard child care
services, while not supplanting or replacing
Coast Guard child care services; and
``(B) the Commandant ensures, to the extent
practicable, that the eligible provider is able to
comply, and does comply, with the regulations,
policies, and standards applicable to Coast Guard child
care services.
``(2) Eligible providers.--A provider of child care
services or youth program services is eligible for financial
assistance under this section if the provider--
``(A) is licensed to provide such services under
applicable State and local law or meets all applicable
State and local health and safety requirements if
licensure is not required;
``(B) is either--
``(i) is a family home daycare; or
``(ii) is a provider of family child care
services that--
``(I) otherwise provides federally
funded or federally sponsored child
development services;
``(II) provides such services in a
child development center owned and
operated by a private, not-for-profit
organization;
``(III) provides a before-school or
after-school child care program in a
public school facility;
``(IV) conducts an otherwise
federally funded or federally sponsored
school-age child care or youth services
program; or
``(V) conducts a school-age child
care or youth services program operated
by a not-for-profit organization; or
``(C) is a provider of another category of child
care services or youth program services the Commandant
considers appropriate for meeting the needs of members
or civilian employees of the Coast Guard.
``(3) Financial assistance for in-home child care.--
``(A) In general.--The Commandant may provide
financial assistance to members of the Coast Guard who
pay for services provided by in-home child care
providers.
``(B) Requirements.--In carrying out such program,
the Commandant shall establish a policy and procedures
to--
``(i) support the needs of families who
request services provided by in-home childcare
providers;
``(ii) provide the appropriate amount of
financial assistance to provide to families
described in paragraph, that is at minimum
consistent with the program authorized in
subsection (a)(1); and
``(iii) ensure the appropriate
qualifications for such in-home child care
provider, which shall at minimum--
``(I) take into consideration
qualifications for available in-home
child care providers in the private
sector; and
``(II) ensure that the
qualifications the Commandant
determines appropriate under this
paragraph are comparable to the
qualifications for a provider of child
care services in a Coast Guard child
development center or family home day
care.
``(b) Direct Payment.--
``(1) In general.--In carrying out a child care subsidy
program under subsection (a)(1), subject to paragraph (3), the
Commandant shall provide financial assistance under the program
to an eligible member or individual the Commandant considers
appropriate by direct payment to such eligible member or
individual through monthly pay, direct deposit, or other direct
form of payment.
``(2) Policy.--Not later than 180 days after the date of
the enactment of this section, the Commandant shall establish a
policy to provide direct payment as described in paragraph (1).
``(3) Eligible provider funding continuation.--With the
approval of an eligible member or an individual the Commandant
considers appropriate, which shall include the written consent
of such member or individual, the Commandant may continue to
provide financial assistance under the child care subsidy
program directly to an eligible provider on behalf of such
member or individual.
``(4) Rule of construction.--Nothing in this subsection may
be construed to affect any preexisting reimbursement
arrangement between the Coast Guard and a qualified
provider.''.
(B) Clerical amendment.--The analysis for chapter
29 of title 14, United States Code, is amended by
inserting after the item relating to section 2926 the
following:
``2927. Child care subsidy program.''.
(2) Expansion of child care subsidy program.--
(A) In general.--The Commandant shall--
(i) evaluate potential eligible uses for
the child care subsidy program established
under section 2927 of title 14, United States
Code (referred to in this paragraph as the
``program'');
(ii) expand the eligible uses of funds for
the program to accommodate the child care needs
of members of the Coast Guard (including such
members with nonstandard work hours and surge
or other deployment cycles), including in-home
care as described in section 2927(a)(3) of
title 14, United States Code, and including by
providing funds directly to such members
instead of care providers; and
(iii) streamline enrollment policies,
practices, paperwork, and requirements for
eligible child care providers to reduce
barriers for members to enroll in such
providers.
(B) Considerations.--In evaluating potential
eligible uses under subparagraph (A), the Commandant
shall consider in-home child care services, care
services such as supplemental care for children with
disabilities, and any other child care delivery method
the Commandant considers appropriate.
(C) Requirements.--In establishing expanded
eligible uses of funds for the program, the Commandant
shall ensure that such uses--
(i) are in the best interests of the Coast
Guard;
(ii) provide flexibility for members of the
Coast Guard, including such members and
employees with nonstandard work hours; and
(iii) ensure a safe environment for
dependents of such members and employees.
(D) Publication.--Not later than 18 months after
the date of the enactment of this Act, the Commandant
shall publish an updated Commandant Instruction Manual
(referred to in this paragraph as the ``manual'') that
describes the expanded eligible uses of the program.
(E) Report.--
(i) In general.--Not later than 18 months
after the date of the enactment of this Act,
the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives
a report outlining the expansion of the
program.
(ii) Elements.--The report required by
clause (i) shall include the following:
(I) An analysis of the
considerations described in
subparagraph (B).
(II) A description of the analysis
used to identify eligible uses that
were evaluated and incorporated into
the manual under subparagraph (D).
(III) A full analysis and
justification with respect to the forms
of care that were ultimately not
included in the manual.
(IV) Any recommendation with
respect to funding or additional
authorities necessary, including
proposals for legislative change, to
meet the current and anticipated future
child care subsidy demands of the Coast
Guard.
(V) A description of the steps
taken to streamline enrollment
policies, practices, and requirements
for eligible child care providers in
accordance with paragraph (2)(A)(iii).
SEC. 11402. ARMED FORCES ACCESS TO COAST GUARD CHILD DEVELOPMENT
SERVICES.
Section 2922(a) of title 14, United States Code, is amended to read
as follows:
``(a)(1) The Commandant may make child development services
available, in such priority as the Commandant considers to be
appropriate and consistent with readiness and resources and in the best
interests of dependents of members and civilian employees of the Coast
Guard, for--
``(A) members and civilian employees of the Coast Guard;
``(B) surviving dependents of service members who have died
on active duty, if such dependents were beneficiaries of a
Coast Guard child development service at the time of the death
of such members;
``(C) members of the armed forces (as defined in section
101(a) of title 10); and
``(D) Federal civilian employees.
``(2) Child development service benefits provided under the
authority of this section shall be in addition to benefits provided
under other laws.''.
SEC. 11403. CADET PREGNANCY POLICY IMPROVEMENTS.
(a) Regulations Required.--Not later than 18 months after the date
of enactment of this Act, the Secretary, in consultation with the
Secretary of Defense, shall prescribe regulations for the Coast Guard
Academy consistent with regulations required to be promulgated by
section 559(a) of the National Defense Authorization Act of 2022
(Public Law 117-81).
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall provide to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
briefing on the development of the regulations required by subsection
(a).
SEC. 11404. COMBAT-RELATED SPECIAL COMPENSATION.
(a) Report and Briefing.--Not later than 90 days after the date of
enactment of this Act, and every 180 days thereafter until the date
that is 5 years after the date on which the initial report is submitted
under this subsection, the Commandant shall submit a report and provide
an in-person briefing to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on the implementation of
section 221 of the Coast Guard Authorization Act of 2016 (Public Law
114-120; 10 U.S.C. 1413a note).
(b) Elements.--Each report and briefing required by subsection (a)
shall include the following:
(1) A description of methods to educate members and
retirees on the combat-related special compensation program.
(2) Statistics regarding enrollment in such program for
members of the Coast Guard and Coast Guard retirees.
(3) A summary of each of the following:
(A) Activities carried out relating to the
education of members of the Coast Guard participating
in the Transition Assistance Program with respect to
the combat-related special compensation program.
(B) Activities carried out relating to the
education of members of the Coast Guard who are engaged
in missions in which they are susceptible to injuries
that may result in qualification for combat-related
special compensation, including flight school, the
National Motor Lifeboat School, deployable special
forces, and other training programs as the Commandant
considers appropriate.
(C) Activities carried out relating to training
physicians and physician assistants employed by the
Coast Guard, or otherwise stationed in Coast Guard
clinics, sickbays, or other locations at which medical
care is provided to members of the Coast Guard, for the
purpose of ensuring, during medical examinations,
appropriate counseling and documentation of symptoms,
injuries, and the associated incident that resulted in
such injuries.
(D) Activities relating to the notification of
heath service officers with respect to the combat-
related special compensation program.
(4) The written guidance provided to members of the Coast
Guard regarding necessary recordkeeping to ensure eligibility
for benefits under such program.
(5) Any other matter relating to combat-related special
compensation the Commandant considers appropriate.
(c) Disability Due to Chemical or Hazardous Material Exposure.--
Section 221(a) of the Coast Guard Authorization Act of 2016 (Public Law
114-120; 10 U.S.C. 1413a note) is amended--
(1) in paragraph (1) by striking ``department is'' and
inserting ``department in''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``and hazardous'' and
inserting ``hazardous''; and
(ii) by inserting ``, or a duty in which
chemical or other hazardous material exposure
has occurred (such as during marine inspections
or pollution response activities)'' after
``surfman)''; and
(B) in subparagraph (B)--
(i) by striking``paragraph (1) or paragraph
(2) of''; and
(ii) by striking ``, including--'' and all
that follows through ``search and rescue; or''
and inserting ``; or''.
SEC. 11405. STUDY ON FOOD SECURITY.
(a) Study.--
(1) In general.--The Commandant shall conduct a study on
food insecurity among members of the Coast Guard.
(2) Elements.--The study required under paragraph (1) shall
include the following:
(A) An analysis of the impact of food deserts on
members of the Coast Guard and their dependents who
live in areas with high costs of living, including
areas with high-density populations and rural areas.
(B) A comparison of--
(i) the current method used by the
Commandant to determine which areas are
considered to be high cost-of-living areas;
(ii) local-level indicators used by the
Bureau of Labor Statistics to determine a cost
of living that indicates buying power and
consumer spending in specific geographic areas;
and
(iii) indicators of the cost of living used
by the Department of Agriculture in market
basket analyses and other measures of the local
or regional cost of food.
(C) An assessment of the accuracy of the method and
indicators described in subparagraph (B) in quantifying
high cost of living in low-data and remote areas.
(D) An assessment of the manner in which data
accuracy and availability affect the accuracy of cost-
of-living allowance calculations and other benefits, as
the Commandant considers appropriate.
(E) Recommendations--
(i) to improve access to high-quality,
affordable food within a reasonable distance of
Coast Guard units located in areas identified
as food deserts;
(ii) to reduce transit costs for members of
the Coast Guard and their dependents who are
required to travel to access high-quality,
affordable food; and
(iii) for improving the accuracy of the
calculations referred to in subparagraph (D).
(F) The estimated costs of implementing each
recommendation made under subparagraph (E).
(b) Plan.--
(1) In general.--The Commandant shall develop a detailed
plan to implement the recommendations of the study conducted
under subsection (a).
(2) Report.--Not later than 1 year after date of the
enactment of this Act, the Commandant shall provide to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a briefing on the plan required
under paragraph (1), including the cost of implementation,
proposals for legislative change, and any other result of the
study the Commandant considers appropriate.
(c) Food Desert Defined.--In this section, the term ``food desert''
means an area, as determined by the Commandant, in which it is
difficult, even with a vehicle or an otherwise-available mode of
transportation, to obtain affordable, high-quality fresh food in the
immediate area in which members of the Coast Guard serve and reside.
Subtitle B--Healthcare
SEC. 11406. DEVELOPMENT OF MEDICAL STAFFING STANDARDS FOR COAST GUARD.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant, in consultation with the Defense
Health Agency and any healthcare expert the Commandant considers
appropriate, shall develop medical staffing standards for the Coast
Guard that are consistent with the recommendations of the Comptroller
General of the United States set forth in the report titled ``Coast
Guard Health Care: Improvements Needed for Determining Staffing Needs
and Monitoring Access to Care'' and published in February 2022.
(b) Inclusions.--In developing the standards under subsection (a),
the Commandant shall address and take into consideration the following:
(1) Current and future operations of healthcare personnel
in support of Department of Homeland Security missions,
including surge deployments for incident response.
(2) Staffing standards for specialized providers, including
flight surgeons, dentists, behavioral health specialists, and
physical therapists.
(3) Staffing levels of medical, dental, and behavioral
health providers for the Coast Guard who are--
(A) members of the Coast Guard;
(B) assigned to the Coast Guard from the Public
Health Service;
(C) Federal civilian employees; or
(D) contractors hired by the Coast Guard to fill
vacancies.
(4) Staffing levels at medical facilities for Coast Guard
units in remote locations.
(5) Any discrepancy between medical staffing standards of
the Department of Defense and medical staffing standards of the
Coast Guard.
(c) Review by Comptroller General.--Not later than 90 days after
the Commandant completes the staffing standards required by subsection
(a), the Commandant shall submit the standards to the Comptroller
General, who shall review the standards and provide recommendations to
the Commandant.
(d) Report to Congress.--Not later than 180 days after developing
the standards developed under subsection (a), the Commandant shall
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the standards developed under
subsection (a) and the recommendations provided under subsection (c)
that includes a plan and a description of the resources and budgetary
needs required to implement the standards.
(e) Modification, Implementation, and Periodic Updates.--The
Commandant shall--
(1) modify such standards, as necessary, based on the
recommendations under subsection (c);
(2) implement the standards; and
(3) review and update the standards not less frequently
than every 4 years.
SEC. 11407. HEALTHCARE SYSTEM REVIEW AND STRATEGIC PLAN.
(a) In General.--Not later than 270 days after the completion of
the studies conducted by the Comptroller General of the United States
under sections 8259 and 8260 of the William M. (Mac) Thornberry
National Defense Authorization Act of Fiscal Year 2021 (Public Law 116-
283; 134 Stat. 4679), the Commandant shall--
(1) conduct a comprehensive review of the Coast Guard
healthcare system; and
(2) develop a strategic plan for improvements to, and the
modernization of, such system to ensure access to high-quality,
timely healthcare for members of the Coast Guard, their
dependents, and applicable Coast Guard retirees.
(b) Plan.--
(1) In general.--The strategic plan developed under
subsection (a) shall seek to--
(A) maximize the medical readiness of members of
the Coast Guard;
(B) optimize delivery of healthcare benefits;
(C) ensure high-quality training of Coast Guard
medical personnel; and
(D) prepare for the future needs of the Coast
Guard.
(2) Elements.--The plan shall address, at a minimum, the
following:
(A) Improving access to healthcare for members of
the Coast Guard, their dependents, and applicable Coast
Guard retirees.
(B) Quality of healthcare.
(C) The experience and satisfaction of members of
the Coast Guard and their dependents with the Coast
Guard healthcare system.
(D) The readiness of members of the Coast Guard and
Coast Guard medical personnel.
(c) Review Committee.--
(1) Establishment.--The Commandant shall establish a review
committee to conduct a comprehensive analysis of the Coast
Guard healthcare system (referred to in this section as the
``Review Committee'').
(2) Membership.--The Review Committee shall be composed of
members selected by the Commandant, including--
(A) 1 or more members of the uniformed services (as
defined in section 101 of title 10, United States Code)
or Federal employees, either of which have expertise
in--
(i) the medical, dental, pharmacy, or
behavioral health fields; or
(ii) any other field the Commandant
considers appropriate;
(B) 1 representative of the Defense Health Agency;
and
(C) 1 medical representative from each Coast Guard
district.
(3) Chairperson.--The chairperson of the Review Committee
shall be the Director of the Health, Safety, and Work Life
Directorate of the Coast Guard.
(4) Staff.--The Review Committee shall be staffed by
employees of the Coast Guard.
(5) Report to commandant.--Not later than 1 year after the
Review Committee is established, the Review Committee shall
submit to the Commandant a report that--
(A) assesses, taking into consideration the medical
staffing standards developed under section 11406, the
recommended medical staffing standards set forth in the
Comptroller General study required by section 8260 of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-
283; 134 Stat. 4679), and compares such standards to
the medical staffing standards of the Department of
Defense and the private sector;
(B) addresses improvements needed to ensure
continuity of care for members of the Coast Guard,
including by evaluating the feasibility of having a
dedicated primary care manager for each such member
while the member is stationed at a duty station;
(C) evaluates the effects of increased surge
deployments of medical personnel on staffing needs at
Coast Guard clinics;
(D) identifies ways to improve access to care for
members of the Coast Guard and their dependents who are
stationed in remote areas, including methods to expand
access to providers in the available network;
(E) identifies ways the Coast Guard may better use
Department of Defense Military Health System resources
for members of the Coast Guard, their dependents, and
applicable Coast Guard retirees;
(F) identifies barriers to participation in the
Coast Guard healthcare system and ways the Coast Guard
may better use patient feedback to improve quality of
care at Coast Guard-owned facilities, military
treatment facilities, and specialist referrals;
(G) includes recommendations to improve the Coast
Guard healthcare system; and
(H) any other matter the Commandant or the Review
Committee considers appropriate.
(6) Termination.--The Review Committee shall terminate on
the date that is 1 year after the date on which the Review
Committee submits the report required under paragraph (5).
(7) Inapplicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Review Committee.
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives--
(1) the strategic plan for the Coast Guard medical system
required under subsection (a);
(2) the report of the Review Committee submitted to the
Commandant under subsection (c)(5); and
(3) a description of the manner in which the Commandant
plans to implement the recommendations of the Review Committee.
SEC. 11408. DATA COLLECTION AND ACCESS TO CARE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant, in consultation with the Defense
Health Agency and any healthcare expert the Commandant considers
appropriate, shall develop, and make publicly available, a policy to
require the collection of data regarding access by members of the Coast
Guard and their dependents to medical, dental, and behavioral
healthcare as recommended by the Comptroller General of the United
States in the report entitled ``Coast Guard Health Care: Improvements
Needed for Determining Staffing Needs and Monitoring Access to Care'',
published in February 2022.
(b) Elements.--The policy required by subsection (a) shall address
the following:
(1) Methods to collect data on access to care for--
(A) routine annual physical health assessments;
(B) flight physicals for aviators or prospective
aviators;
(C) sick call;
(D) injuries;
(E) dental health; and
(F) behavioral health conditions.
(2) Collection of data on access to care for referrals.
(3) Collection of data on access to care for members of the
Coast Guard stationed at remote units, aboard Coast Guard
cutters, and on deployments.
(4) Use of the electronic health record system to improve
data collection on access to care.
(5) Use of data for addressing the standards of care,
including time between requests for appointments and actual
appointments, including appointments made with referral
services.
(c) Publication and Report to Congress.--Not later than 90 days
after the policy under subsection (a) is completed, or any subsequent
updates to such policy, the Commandant shall--
(1) publish the policy on a publicly accessible internet
website of the Coast Guard; and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the policy and the manner in which
the Commandant plans to address access-to-care deficiencies.
(d) Periodic Updates.--Not less frequently than every 5 years, the
Commandant shall review and update the policy required under subsection
(a).
SEC. 11409. BEHAVIORAL HEALTH POLICY.
(a) Interim Behavioral Health Policy.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall establish an
interim behavioral health policy for members of the Coast Guard
that is in parity with section 5.28 (relating to behavioral
health) of Department of Defense Instruction 6130.03, volume 2,
``Medical Standards for Military Service: Retention''.
(2) Termination.--The interim policy established under
paragraph (1) shall remain in effect until the date on which
the Commandant issues a permanent behavioral health policy for
members of the Coast Guard.
(b) Permanent Policy.--In developing a permanent policy with
respect to retention and behavioral health, the Commandant shall ensure
that, to the extent practicable, the policy of the Coast Guard is in
parity with section 5.28 (relating to behavioral health) of Department
of Defense Instruction 6130.03, volume 2, ``Medical Standards for
Military Service: Retention''.
SEC. 11410. MEMBERS ASSERTING POST-TRAUMATIC STRESS DISORDER OR
TRAUMATIC BRAIN INJURY.
(a) In General.--Subchapter I of chapter 25 of title 14, United
States Code, is further amended by adding at the end the following:
``Sec. 2516. Members asserting post-traumatic stress disorder or
traumatic brain injury
``(a) Medical Examination Required.--
``(1) In general.--The Secretary shall ensure that a member
of the Coast Guard who has performed Coast Guard operations or
has been sexually assaulted during the preceding 2-year period,
and who is diagnosed by an appropriate licensed or certified
healthcare professional as experiencing post-traumatic stress
disorder or traumatic brain injury or who otherwise alleges,
based on the service of the member or based on such sexual
assault, the influence of such a condition, receives a medical
examination to evaluate a diagnosis of post-traumatic stress
disorder or traumatic brain injury.
``(2) Restriction on administrative separation.--A member
described in paragraph (1) shall not be administratively
separated under conditions other than honorable, including an
administrative separation in lieu of a court-martial, until the
results of the medical examination have been reviewed by
appropriate authorities responsible for evaluating, reviewing,
and approving the separation case, as determined by the
Secretary.
``(3) Post-traumatic stress disorder.--In a case involving
post-traumatic stress disorder under this subsection, a medical
examination shall be--
``(A) performed by--
``(i) a board-certified or board-eligible
psychiatrist; or
``(ii) a licensed doctorate-level
psychologist; or
``(B) performed under the close supervision of--
``(i) a board-certified or board-eligible
psychiatrist; or
``(ii) a licensed doctorate-level
psychologist, a doctorate-level mental health
provider, a psychiatry resident, or a clinical
or counseling psychologist who has completed a
1-year internship or residency.
``(4) Traumatic brain injury.--In a case involving
traumatic brain injury under this subsection, a medical
examination shall be performed by a physiatrist, psychiatrist,
neurosurgeon, or neurologist.
``(b) Purpose of Medical Examination.--The medical examination
required under subsection (a) shall assess whether the effects of
mental or neurocognitive disorders, including post-traumatic stress
disorder and traumatic brain injury, constitute matters in extenuation
that relate to the basis for administrative separation under conditions
other than honorable or the overall characterization of the service of
the member as other than honorable.
``(c) Inapplicability to Proceedings Under Uniform Code of Military
Justice.--The medical examination and procedures required by this
section do not apply to courts-martial or other proceedings conducted
pursuant to the Uniform Code of Military Justice.
``(d) Coast Guard Operations Defined.--In this section, the term
`Coast Guard operations' has the meaning given that term in section
888(a) of the Homeland Security Act of 2002 (6 U.S.C. 468(a)).''.
(b) Clerical Amendment.--The analysis for chapter 25 of title 14,
United States Code, is amended by inserting after the item relating to
section 2515 (as added by this Act) the following:
``2516. Members asserting post-traumatic stress disorder or traumatic
brain injury.''.
SEC. 11411. IMPROVEMENTS TO PHYSICAL DISABILITY EVALUATION SYSTEM AND
TRANSITION PROGRAM.
(a) Temporary Policy.--Not later than 60 days after the date of
enactment of this Act, the Commandant shall develop a temporary policy
that--
(1) improves timeliness, communication, and outcomes for
members of the Coast Guard undergoing the Physical Disability
Evaluation System, or a related formal or informal process;
(2) affords maximum career transition benefits to members
of the Coast Guard determined by a Medical Evaluation Board to
be unfit for retention in the Coast Guard; and
(3) maximizes the potential separation and career
transition benefits for members of the Coast Guard undergoing
the Physical Disability Evaluation System, or a related formal
or informal process.
(b) Elements.--The policy required under subsection (a) shall
include the following:
(1) A requirement that any member of the Coast Guard who is
undergoing the Physical Disability Evaluation System, or a
related formal or informal process, shall be placed in a duty
status that allows the member the opportunity to attend
necessary medical appointments and other activities relating to
the Physical Disability Evaluation System, including completion
of any application of the Department of Veterans Affairs and
career transition planning.
(2) In the case of a Medical Evaluation Board report that
is not completed not later than 120 days after the date on
which an evaluation by the Medical Evaluation Board was
initiated, the option for such a member to enter permissive
duty status.
(3) A requirement that the date of initiation of an
evaluation by a Medical Evaluation Board shall include the date
on which any verbal or written affirmation is made to the
member, command, or medical staff that the evaluation by the
Medical Evaluation Board has been initiated.
(4) An option for such member to seek an internship under
the SkillBridge program established under section 1143(e) of
title 10, United States Code, and outside employment aimed at
improving the transition of the member to civilian life, only
if such an internship or employment does not interfere with
necessary medical appointments required for the member's
physical disability evaluation.
(5) A requirement that not less than 21 days notice shall
be provided to such a member for any such medical appointment,
to the maximum extent practicable, to ensure that the
appointment timeline is in the best interests of the immediate
health of the member.
(6) A requirement that the Coast Guard shall provide such a
member with a written separation date upon the completion of a
Medical Evaluation Board report that finds the member unfit to
continue active duty.
(7) To provide certainty to such a member with respect to a
separation date, a policy that ensures--
(A) that accountability measures are in place with
respect to Coast Guard delays throughout the Physical
Disability Evaluation System, including--
(i) placement of the member in an excess
leave status after 270 days have elapsed since
the date of initiation of an evaluation by a
Medical Evaluation Board by any competent
authority; and
(ii) a calculation of the costs to retain
the member on active duty, including the pay,
allowances, and other associated benefits of
the member, for the period beginning on the
date that is 90 days after the date of
initiation of an evaluation by a Medical
Evaluation Board by any competent authority and
ending on the date on which the member is
separated from the Coast Guard; and
(B) the availability of administrative solutions to
any such delay.
(8) With respect to a member of the Coast Guard on
temporary limited duty status, an option to remain in the
member's current billet, to the maximum extent practicable, or
to be transferred to a different active-duty billet, so as to
minimize any negative impact on the member's career trajectory.
(9) A requirement that each respective command shall report
to the Coast Guard Personnel Service Center any delay of more
than 21 days between each stage of the Physical Disability
Evaluation System for any such member, including between stages
of the processes, the Medical Evaluation Board, the Informal
Physical Evaluation Board, and the Formal Physical Evaluation
Board.
(10) A requirement that, not later than 7 days after
receipt of a report of a delay described in paragraph (9), the
Personnel Service Center shall take corrective action, which
shall ensure that the Coast Guard exercises maximum discretion
to continue the Physical Disability Evaluation System of such a
member in a timely manner, unless such delay is caused by the
member.
(11) A requirement that--
(A) a member of the Coast Guard shall be allowed to
make a request for a reasonable delay in the Physical
Disability Evaluation System to obtain additional input
and consultation from a medical or legal professional;
and
(B) any such request for delay shall be approved by
the Commandant based on a showing of good cause by the
member.
(c) Report on Temporary Policy.--Not later than 60 days after the
date of enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a copy of the policy developed under subsection (a).
(d) Permanent Policy.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall publish a Commandant
Instruction making the policy developed under subsection (a) a
permanent policy of the Coast Guard.
(e) Briefing.--Not later than 1 year after the date of enactment of
this Act, the Commandant shall provide to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
briefing on, and a copy of, the permanent policy.
(f) Annual Report on Costs.--
(1) In general.--Not less frequently than annually, the
Commandant shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that, for the preceding fiscal year--
(A) details the total aggregate service-wide costs
described in subsection (b)(7)(A)(ii) for members of
the Coast Guard whose Physical Disability Evaluation
System process has exceeded 90 days; and
(B) includes for each such member--
(i) an accounting of such costs; and
(ii) the number of days that elapsed
between the initiation and completion of the
Physical Disability Evaluation System process.
(2) Personally identifiable information.--A report under
paragraph (1) shall not include the personally identifiable
information of any member of the Coast Guard.
SEC. 11412. EXPANSION OF ACCESS TO COUNSELING.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall hire, train, and deploy not
fewer than an additional 5 behavioral health specialists.
(b) Requirement.--Through the hiring process required under
subsection (a), the Commandant shall ensure that at least 35 percent of
behavioral health specialists employed by the Coast Guard have
experience in behavioral healthcare for the purpose of supporting
members of the Coast Guard with needs for perinatal mental health care
and counseling service for miscarriage, child loss, and postpartum
depression.
(c) Accessibility.--The support provided by the behavioral health
specialists described in subsection (a)--
(1) may include care delivered via telemedicine; and
(2) shall be made widely available to members of the Coast
Guard.
SEC. 11413. EXPANSION OF POSTGRADUATE OPPORTUNITIES FOR MEMBERS OF
COAST GUARD IN MEDICAL AND RELATED FIELDS.
(a) In General.--The Commandant shall expand opportunities for
members of the Coast Guard to secure postgraduate degrees in medical
and related professional disciplines for the purpose of supporting
Coast Guard clinics and operations.
(b) Application of Law.--Individuals who receive assistance
pursuant to subsection (a) shall be subject to the service obligations
required under section 2114 of title 10, United States Code.
(c) Military Training Student Loads.--Section 4904(b)(3) of title
14, United States Code, is amended by striking ``350'' and inserting
``385''.
SEC. 11414. STUDY ON COAST GUARD MEDICAL FACILITIES NEEDS.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Comptroller General of the United States
shall commence a study on Coast Guard medical facilities needs.
(b) Elements.--The study required by subsection (a) shall include
the following:
(1) A list of Coast Guard medical facilities, including
clinics, sickbays, and shipboard facilities.
(2) A summary of capital needs for Coast Guard medical
facilities, including construction and repair.
(3) A summary of equipment upgrade backlogs of Coast Guard
medical facilities.
(4) An assessment of improvements to Coast Guard medical
facilities, including improvements to information technology
infrastructure, required to enable the Coast Guard to fully use
telemedicine and implement other modernization initiatives.
(5) An evaluation of the process used by the Coast Guard to
identify, monitor, and construct Coast Guard medical
facilities.
(6) A description of the resources necessary to fully
address all Coast Guard medical facilities needs.
(c) Report.--Not later than 1 year after commencing the study
required by subsection (a), the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
SEC. 11415. STUDY ON COAST GUARD TELEMEDICINE PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall commence a study on the Coast Guard telemedicine program.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An assessment of--
(A) the current capabilities and limitations of the
Coast Guard telemedicine program;
(B) the degree of integration of such program with
existing electronic health records;
(C) the capability and accessibility of such
program, as compared to the capability and
accessibility of the telemedicine programs of the
Department of Defense and commercial medical providers;
(D) the manner in which the Coast Guard
telemedicine program may be expanded to provide better
clinical and behavioral medical services to members of
the Coast Guard, including such members stationed at
remote units or onboard Coast Guard cutters at sea; and
(E) the costs savings associated with the provision
of--
(i) care through telemedicine; and
(ii) preventative care.
(2) An identification of barriers to full use or expansion
of such program.
(3) A description of the resources necessary to expand such
program to its full capability.
(c) Report.--Not later than 1 year after commencing the study
required by subsection (a), the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
Subtitle C--Housing
SEC. 11416. STUDY ON COAST GUARD HOUSING ACCESS, COST, AND CHALLENGES.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Comptroller General of the United States shall
commence a study on housing access, cost, and associated challenges
facing members of the Coast Guard.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An assessment of--
(A) the extent to which--
(i) the Commandant has evaluated the
sufficiency, availability, and affordability of
housing options for members of the Coast Guard
and their dependents; and
(ii) the Coast Guard owns and leases
housing for members of the Coast Guard and
their dependents;
(B) the methods used by the Commandant to manage
housing data, and the manner in which the Commandant
uses such data--
(i) to inform Coast Guard housing policy;
and
(ii) to guide investments in Coast Guard-
owned housing capacity and other investments in
housing, such as long-term leases and other
housing options; and
(C) the process used by the Commandant to gather
and provide information used to calculate housing
allowances for members of the Coast Guard and their
dependents, including whether the Commandant has
established best practices to manage low-data areas.
(2) An assessment as to whether the Department of Defense
basic allowance for housing is sufficient for members of the
Coast Guard.
(3) Recommendations for actions the Commandant should take
to improve the availability and affordability of housing for
members of the Coast Guard and their dependents who are
stationed in--
(A) remote units located in areas in which members
of the Coast Guard and their dependents are eligible
for TRICARE Prime Remote; or
(B) units located in areas with a high number of
vacation rental properties.
(c) Report.--Not later than 1 year after commencing the study
required under subsection (a), the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
(d) Strategy.--Not later than 180 days after the submission of the
report required under subsection (c), the Commandant shall publish a
Coast Guard housing strategy that addresses the findings set forth in
the report. Such strategy shall, at a minimum--
(1) address housing inventory shortages and affordability;
and
(2) include a Coast Guard-owned housing infrastructure
investment prioritization plan.
SEC. 11417. AUDIT OF CERTAIN MILITARY HOUSING CONDITIONS OF ENLISTED
MEMBERS OF COAST GUARD IN KEY WEST, FLORIDA.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Commandant, in coordination with the Secretary of the
Navy, shall commence an audit to assess--
(1) the conditions of housing units of enlisted members of
the Coast Guard located at Naval Air Station Key West Sigsbee
Park Annex;
(2) the percentage of such units that are considered unsafe
or unhealthy housing units for enlisted members of the Coast
Guard and their families;
(3) the process used by enlisted members of the Coast Guard
and their families to report housing concerns;
(4) the extent to which enlisted members of the Coast Guard
and their families experience unsafe or unhealthy housing
units, relocate, receive a per diem, or expend similar expenses
as a direct result of displacement that are not covered by a
landlord, insurance, or claims process;
(5) the feasibility of providing reimbursement for
uncovered expenses described in paragraph (4); and
(6) what resources are needed to provide appropriate and
safe housing for enlisted members of the Coast Guard and their
families in Key West, Florida.
(b) Report.--Not later than 120 days after the date of enactment of
this section , the Commandant shall submit to the appropriate
committees of Congress a report on the results of the audit.
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security
and Governmental Affairs of the Senate; and
(B) the Committee on Transportation and
Infrastructure and the Committee on Homeland Security
of the House of Representatives.
(2) Unsafe or unhealthy housing unit.--The term ``unsafe or
unhealthy housing unit'' means a unit of housing unit in which
is present, at levels exceeding relevant governmental health or
housing standards or guidelines, at least 1 of the following
hazards:
(A) Physiological hazards, including the following:
(i) Dampness or microbial growth.
(ii) Lead-based paint.
(iii) Asbestos or manmade fibers.
(iv) Ionizing radiation.
(v) Biocides.
(vi) Carbon monoxide.
(vii) Volatile organic compounds.
(viii) Infectious agents.
(ix) Fine particulate matter.
(B) Psychological hazards, including the following:
(i) Ease of access by unlawful intruders.
(ii) Lighting issues.
(iii) Poor ventilation.
(iv) Safety hazards.
(v) Other hazards similar to the hazards
specified in clauses (i) through (iv).
SEC. 11418. STUDY ON COAST GUARD HOUSING AUTHORITIES AND PRIVATIZED
HOUSING.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall commence a study that--
(A) evaluates the authorities of the Coast Guard
relating to construction, operation, and maintenance of
housing provided to members of the Coast Guard and
their dependents; and
(B) assesses other options to meet Coast Guard
housing needs in rural and urban housing markets,
including public-private partnerships, long-term lease
agreements, privately owned housing, and any other
housing option the Comptroller General identifies.
(2) Elements.--The study required under paragraph (1) shall
include the following:
(A) A review of authorities, regulations, and
policies available to the Secretary with respect to
construction, maintenance, and operation of housing for
members of the Coast Guard and their dependents,
including unaccompanied member housing, that
considers--
(i) housing that is owned and managed by
the Coast Guard;
(ii) long-term leasing or extended-rental
housing;
(iii) public-private partnerships or other
privatized housing options for which the
Secretary may enter into 1 or more contracts
with a private entity to build, maintain, and
manage privatized housing for members of the
Coast Guard and their dependents;
(iv) on-installation and off-installation
housing options, and the availability of, and
authorities relating to, such options; and
(v) housing availability near Coast Guard
units, readiness needs, and safety.
(B) A review of the housing-related authorities,
regulations, and policies available to the Secretary of
Defense, and an identification of the differences
between such authorities afforded to the Secretary of
Defense and the housing-related authorities,
regulations, and policies afforded to the Secretary.
(C) A description of lessons learned, or
recommendations for, the Coast Guard based on the use
of private housing by the Department of Defense,
including the recommendations set forth in the report
of the Government Accountability Office titled
``Privatized Military Housing: Update on DOD's Efforts
to Address Oversight Challenges'' (GAO-22-105866),
issued in March 2022.
(D) An assessment of the extent to which the
Secretary uses the authorities provided in subchapter
IV of chapter 169 of title 10, United States Code.
(E) An analysis of immediate and long-term costs
associated with housing owned and operated by the Coast
Guard, as compared to opportunities for long-term
leases, private housing, and other public-private
partnerships in urban and remote locations.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the appropriate
committees of Congress a report on the results of the study conducted
under subsection (a).
(c) Briefing.--Not later than 180 days after the date on which the
report required under subsection (b) is submitted, the Commandant or
the Secretary shall provide a briefing to the appropriate committees of
Congress on--
(1) the actions the Commandant has, or has not, taken with
respect to the results of the study;
(2) a plan for addressing areas identified in the report
that present opportunities for improving the housing options
available to members of the Coast Guard and their dependents;
and
(3) the need for, or potential manner of use of, any
authorities the Coast Guard does not have with respect to
housing, as compared to the Department of Defense.
(d) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.
SEC. 11419. STRATEGY TO IMPROVE QUALITY OF LIFE AT REMOTE UNITS.
(a) In General.--Not more than 180 days after the date of enactment
of this Act, the Commandant shall develop a strategy to improve the
quality of life for members of the Coast Guard and their dependents who
are stationed in remote units.
(b) Elements.--The strategy developed under subsection (a) shall
address the following:
(1) Methods to improve the availability or affordability of
housing options for such members and their dependents through--
(A) Coast Guard-owned housing; or
(B) Coast Guard-facilitated housing.
(2) A review of whether current methods for determining the
amount of basic housing allowances received by such members of
the Coast Guard accurately reflect the costs of privately owned
or privately rented housing in such areas.
(3) Methods to improve access by such members and their
dependents to--
(A) medical, dental, and pediatric care; and
(B) behavioral health care that is covered under
the TRICARE program (as defined in section 1072 of
title 10, United States Code).
(4) Methods to increase access to child care services in
such areas, including recommendations for increasing child care
capacity and opportunities for care within the Coast Guard and
in the private sector.
(5) Methods to improve non-Coast Guard network internet
access at remote units--
(A) to improve communications between members of
the Coast Guard on active duty who are assigned or
attached to a remote unit and the family members of
such members who are not located in the same location
as such member; and
(B) for other purposes such as education and
training.
(6) Methods to support spouses and other dependents of
members serving in such areas who face challenges specific to
remote locations.
(7) Any other matter the Commandant considers appropriate.
(c) Briefing.--Not later than 180 days after the strategy developed
under subsection (a) is completed, the Commandant shall provide to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a briefing on the strategy.
(d) Remote Unit Defined.--In this section, the term ``remote unit''
means a unit located in an area in which members of the Coast Guard and
their dependents are eligible for TRICARE Prime Remote.
Subtitle D--Other Matters
SEC. 11420. REPORT ON AVAILABILITY OF EMERGENCY SUPPLIES FOR COAST
GUARD PERSONNEL.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the availability of
appropriate emergency supplies at Coast Guard units.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) An assessment of the extent to which--
(A) the Commandant ensures that Coast Guard units
assess risks and plan accordingly to obtain and
maintain appropriate emergency supplies; and
(B) Coast Guard units have emergency food and water
supplies available according to local emergency
preparedness needs.
(2) A description of any challenge the Commandant faces in
planning for and maintaining adequate emergency supplies for
Coast Guard personnel.
(c) Publication.--Not later than 90 days after the date of
submission of the report required by subsection (a), the Commandant
shall publish a strategy and recommendations in response to the report
that includes--
(1) a plan for improving emergency preparedness and
emergency supplies for Coast Guard units; and
(2) a process for periodic review and engagement with Coast
Guard units to ensure emerging emergency response supply needs
are achieved and maintained.
SEC. 11421. FLEET MIX ANALYSIS AND SHORE INFRASTRUCTURE INVESTMENT
PLAN.
(a) Fleet Mix Analysis.--
(1) In general.--The Commandant shall conduct an updated
fleet mix analysis that provides for a fleet mix sufficient, as
determined by the Commandant--
(A) to carry out--
(i) the missions of the Coast Guard; and
(ii) emerging mission requirements; and
(B) to address--
(i) national security threats; and
(ii) the global deployment of the Coast
Guard to counter great power competitors.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Commandant shall submit to Congress
a report on the results of the updated fleet mix analysis
required under paragraph (1).
(b) Shore Infrastructure Investment Plan.--
(1) In general.--The Commandant shall develop an updated
shore infrastructure investment plan that includes--
(A) the construction of additional facilities to
accommodate the updated fleet mix described in
subsection (a)(1);
(B) improvements necessary to ensure that existing
facilities meet requirements and remain operational for
the lifespan of such fleet mix, including necessary
improvements to information technology infrastructure;
(C) a timeline for the construction and improvement
of the facilities described in subparagraphs (A) and
(B); and
(D) a cost estimate for construction and life-cycle
support of such facilities, including for necessary
personnel.
(2) Report.--Not later than 1 year after the date on which
the report under subsection (a)(2) is submitted, the Commandant
shall submit to Congress a report on the plan required under
paragraph (1).
TITLE CXV--MARITIME
Subtitle A--Vessel Safety
SEC. 11501. RESPONSES TO SAFETY RECOMMENDATIONS.
(a) In General.--Chapter 7 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 721. Responses to safety recommendations
``(a) In General.--Not later than 90 days after the National
Transportation Safety Board submits to the Commandant a recommendation,
and supporting justification for such recommendation, relating to
transportation safety, the Commandant shall submit to the National
Transportation Safety Board a written response to the recommendation,
including whether the Commandant--
``(1) concurs with the recommendation;
``(2) partially concurs with the recommendation; or
``(3) does not concur with the recommendation.
``(b) Explanation of Concurrence.--The Commandant shall include in
a response submitted under subsection (a)--
``(1) with respect to a recommendation with which the
Commandant concurs or partially concurs, an explanation of the
actions the Commandant intends to take to implement such
recommendation or part of such recommendation; and
``(2) with respect to a recommendation with which the
Commandant does not concur, the reasons the Commandant does not
concur.
``(c) Failure To Respond.--If the National Transportation Safety
Board has not received the written response required under subsection
(a) by the end of the time period described in such subsection, the
National Transportation Safety Board shall notify the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives
that such response has not been received.''.
(b) Clerical Amendment.--The analysis for chapter 7 of title 14,
United States Code, is amended by adding at the end the following:
``721. Responses to safety recommendations.''.
SEC. 11502. REQUIREMENTS FOR DUKW AMPHIBIOUS PASSENGER VESSELS.
(a) Rulemaking Required.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Commandant shall initiate a
rulemaking to establish additional safety standards for DUKW
amphibious passenger vessels.
(2) Deadline for regulations.--The regulations issued under
paragraph (1) shall take effect not later than 18 months after
the Commandant promulgates a final rule pursuant to such
paragraph.
(b) Requirements.--The regulations required under subsection (a)
shall include the following:
(1) A requirement that operators of DUKW amphibious
passenger vessels provide reserve buoyancy for such vessels
through passive means, including watertight
compartmentalization, built-in flotation, or such other means
as determined appropriate by the Commandant, in order to ensure
that such vessels remain afloat and upright in the event of
flooding, including when carrying a full complement of
passengers and crew.
(2) An identification, in consultation with the Under
Secretary of Commerce for Oceans and Atmosphere, of limiting
environmental conditions, such as weather, in which DUKW
amphibious passenger vessels may safely operate and a
requirement that such limiting conditions be described in the
certificate of inspection of each DUKW amphibious passenger
vessel.
(3) Requirements that an operator of a DUKW amphibious
passenger vessel--
(A) proceed to the nearest harbor or safe refuge in
any case in which a watch or warning is issued for wind
speeds exceeding the wind speed equivalent used to
certify the stability of such DUKW amphibious passenger
vessel; and
(B) maintain and monitor a weather monitor radio
receiver at the operator station of the vessel that is
automatically activated by the warning alarm device of
the National Weather Service.
(4) A requirement that--
(A) operators of DUKW amphibious passenger vessels
inform passengers that seat belts may not be worn
during waterborne operations;
(B) before the commencement of waterborne
operations, a crew member shall visually check that the
seatbelt of each passenger is unbuckled; and
(C) operators or crew maintain a log recording the
actions described in subparagraphs (A) and (B).
(5) A requirement for annual training for operators and
crew of DUKW amphibious passenger vessels, including--
(A) training for personal flotation and seat belt
requirements, verifying the integrity of the vessel at
the onset of each waterborne departure, identification
of weather hazards, and use of National Weather Service
resources prior to operation; and
(B) training for crew to respond to emergency
situations, including flooding, engine compartment
fires, man-overboard situations, and in water emergency
egress procedures.
(c) Consideration.--In issuing the regulations required under
subsection (a), the Commandant shall consider whether personal
flotation devices should be required for the duration of the waterborne
transit of a DUKW amphibious passenger vessel.
(d) Waiver.--The Commandant may waive the reserve buoyancy
requirements described in subsection (b)(1) for a DUKW amphibious
passenger vessel if the Commandant certifies in writing, using the best
available science, to the appropriate congressional committees that
such requirement is not practicable or technically or practically
achievable for such vessel.
(e) Notice to Passengers.--A DUKW amphibious passenger vessel that
receives a waiver under subsection (d) shall provide a prominently
displayed notice on its website, ticket counter, and each ticket for
passengers that the vessel is exempt from meeting Coast Guard safety
compliance standards concerning reserve buoyancy.
(f) Interim Requirements.--Prior to issuing final regulations
pursuant to subsection (a) and not later than 180 days after the date
of enactment of this Act, the Commandant shall require that operators
of DUKW amphibious passenger vessels implement the following
requirements:
(1) Remove the canopies and any window coverings of such
vessels for waterborne operations, or install in such vessels a
canopy that does not restrict horizontal or vertical escape by
passengers in the event of flooding or sinking.
(2) If a canopy and window coverings are removed from any
such vessel pursuant to paragraph (1), require that all
passengers wear a personal flotation device approved by the
Coast Guard before the onset of waterborne operations of such
vessel.
(3) Reengineer such vessels to permanently close all
unnecessary access plugs and reduce all through-hull
penetrations to the minimum number and size necessary for
operation.
(4) Install in such vessels independently powered electric
bilge pumps that are capable of dewatering such vessels at the
volume of the largest remaining penetration in order to
supplement an operable Higgins pump or a dewatering pump of
equivalent or greater capacity.
(5) Install in such vessels not fewer than 4 independently
powered bilge alarms.
(6) Conduct an in-water inspection of any such vessel after
each time a through-hull penetration of such vessel has been
removed or uncovered.
(7) Verify through an in-water inspection the watertight
integrity of any such vessel at the outset of each waterborne
departure of such vessel.
(8) Install underwater LED lights that activate
automatically in an emergency.
(9) Otherwise comply with any other provisions of relevant
Coast Guard guidance or instructions in the inspection,
configuration, and operation of such vessels.
(g) Implementation.--The Commandant shall implement the interim
requirements under subsection (f) without regard to chapters 5 and 6 of
title 5, United States Code, and Executive Order Nos. 12866 and 13563
(5 U.S.C. 601 note).
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(2) DUKW amphibious passenger vessel.--The term ``DUKW
amphibious passenger vessel'' means a vessel that uses,
modifies, or is derived from the GMC DUKW-353 design, and which
is operating as a small passenger vessel in waters subject to
the jurisdiction of the United States, as defined in section
2.38 of title 33, Code of Federal Regulations (or a successor
regulation).
SEC. 11503. EXONERATION AND LIMITATION OF LIABILITY FOR SMALL PASSENGER
VESSELS.
(a) Restructuring.--Chapter 305 of title 46, United States Code, is
amended--
(1) by inserting before section 30501 the following:
``Subchapter I--General Provisions'';
(2) by inserting before section 30503 the following:
``Subchapter II--Exoneration and Limitation of Liability'';
and
(3) by redesignating sections 30503 through 30512 as
sections 30521 through 30530, respectively.
(b) Definitions.--Section 30501 of title 46, United States Code, is
amended to read as follows:
``Sec. 30501. Definitions
``In this chapter:
``(1) Covered small passenger vessel.--The term `covered
small passenger vessel'--
``(A) means a small passenger vessel, as defined in
section 2101, that is--
``(i) not a wing-in-ground craft; and
``(ii) carrying--
``(I) not more than 49 passengers
on an overnight domestic voyage; and
``(II) not more than 150 passengers
on any voyage that is not an overnight
domestic voyage; and
``(B) includes any wooden vessel constructed prior
to March 11, 1996, carrying at least 1 passenger for
hire.
``(2) Owner.--The term `owner' includes a charterer that
mans, supplies, and navigates a vessel at the charterer's own
expense or by the charterer's own procurement.''.
(c) Applicability.--Section 30502 of title 46, United States Code,
is amended to read as follows:
``Sec. 30502. Application
``(a) In General.--Except as otherwise provided, this chapter
(except section 30521) applies to seagoing vessels and vessels used on
lakes or rivers or in inland navigation, including canal boats, barges,
and lighters.
``(b) Exception.--This chapter (except for section 30526) shall not
apply to covered small passenger vessels.''.
(d) Provisions Requiring Notice of Claim or Limiting Time for
Bringing Action.--Section 30526(b) of title 46, United States Code, as
redesignated by subsection (a), is amended--
(1) in paragraph (1)--
(A) by inserting ``, in the case of seagoing
vessels,'' after ``personal injury or death''; and
(B) by inserting ``, or in the case of covered
small passenger vessels, to less than two years after
the date of the injury or death'' after ``date of the
injury or death''; and
(2) in paragraph (2)--
(A) by inserting ``, in the case of seagoing
vessels,'' after ``personal injury or death''; and
(B) by inserting ``, or in the case of covered
small passenger vessels, to less than two years after
the date of the injury or death'' after ``date of the
injury or death''.
(e) Chapter Analysis.--The analysis for chapter 305 of title 46,
United States Code, is amended--
(1) by inserting before the item relating to section 30501
the following:
``subchapter i--general provisions'';
(2) by inserting after the item relating to section 30502
the following:
``subchapter ii--exoneration and limitation of liability'';
(3) by striking the item relating to section 30501 and
inserting the following:
``30501. Definitions.'';
and
(4) by redesignating the items relating to sections 30503
through 30512 as items relating to sections 30521 through
30530, respectively.
(f) Conforming Amendments.--Title 46, United States Code, is
further amended--
(1) in section 14305(a)(5) by striking ``section 30506''
and inserting ``section 30524'';
(2) in section 30523(a), as redesignated by subsection (a),
by striking ``section 30506'' and inserting ``section 30524'';
(3) in section 30524(b), as redesignated by subsection (a),
by striking ``section 30505'' and inserting ``section 30523'';
and
(4) in section 30525, as redesignated by subsection (a)--
(A) in the matter preceding paragraph (1) by
striking ``sections 30505 and 30506'' and inserting
``sections 30523 and 30524'';
(B) in paragraph (1) by striking ``section 30505''
and inserting ``section 30523''; and
(C) in paragraph (2) by striking ``section
30506(b)'' and inserting ``section 30524(b)''.
SEC. 11504. AT-SEA RECOVERY OPERATIONS PILOT PROGRAM.
(a) In General.--The Secretary shall conduct a pilot program to
evaluate the potential use of remotely controlled or autonomous
operation and monitoring of certain vessels for the purposes of--
(1) better understanding the complexities of such at-sea
operations and potential risks to navigation safety, vessel
security, maritime workers, the public, and the environment;
(2) gathering observational and performance data from
monitoring the use of remotely-controlled or autonomous
vessels; and
(3) assessing and evaluating regulatory requirements
necessary to guide the development of future occurrences of
such operations and monitoring activities.
(b) Duration and Effective Date.--The duration of the pilot program
established under this section shall be not more than 5 years beginning
on the date on which the pilot program is established, which shall be
not later than 180 days after the date of enactment of this Act.
(c) Authorized Activities.--The activities authorized under this
section include--
(1) remote over-the-horizon monitoring operations related
to the active at-sea recovery of spaceflight components on an
unmanned vessel or platform;
(2) procedures for the unaccompanied operation and
monitoring of an unmanned spaceflight recovery vessel or
platform; and
(3) unmanned vessel transits and testing operations without
a physical tow line related to space launch and recovery
operations, except within 12 nautical miles of a port.
(d) Interim Authority.--In recognition of potential risks to
navigation safety, vessel security, maritime workers, the public, and
the environment, and the unique circumstances requiring the use of
remotely operated or autonomous vessels, the Secretary, in the pilot
program established under subsection (a), may--
(1) allow remotely controlled or autonomous vessel
operations to proceed consistent to the extent practicable
under the proposed title 33, United States Code, and 46, United
States Code, including navigation and manning laws and
regulations;
(2) modify or waive applicable regulations and guidance as
the Secretary considers appropriate to--
(A) allow remote and autonomous vessel at-sea
operations and activities to occur while ensuring
navigation safety; and
(B) ensure the reliable, safe, and secure operation
of remotely-controlled or autonomous vessels; and
(3) require each remotely operated or autonomous vessel to
be at all times under the supervision of 1 or more
individuals--
(A) holding a merchant mariner credential which is
suitable to the satisfaction of the Coast Guard; and
(B) who shall practice due regard for the safety of
navigation of the autonomous vessel, to include
collision avoidance.
(e) Rule of Construction.--Nothing in this section shall be
construed to authorize the Secretary to--
(1) permit foreign vessels to participate in the pilot
program established under subsection (a);
(2) waive or modify applicable laws and regulations under
the proposed title 33, United States Code, and title 46, United
States Code, except to the extent authorized under subsection
(d)(2);
(3) waive or modify applicable laws and regulations under
titles 49 and 51 of the United States Code; or
(4) waive or modify any regulations arising under
international conventions.
(f) Savings Provision.--Nothing in this section may be construed to
authorize the employment in the coastwise trade of a vessel or platform
that does not meet the requirements of sections 12112, 55102, 55103,
and 55111 of title 46, United States Code.
(g) Authority Unaffected.--Nothing in this section shall be
construed to affect, impinge, or alter any authority of the Secretary
of Transportation under titles 49 and 51, United States Code.
(h) Briefings.--The Secretary or the designee of the Secretary
shall brief the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure and
the Committee on Science, Space, and Technology of the House of
Representatives on the program established under subsection (a) on a
quarterly basis.
(i) Report.--Not later than 180 days after the expiration of the
pilot program established under subsection (a), the Secretary shall
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure and the
Committee on Science, Space, and Technology of the House of
Representatives a final report regarding an assessment of the execution
of the pilot program and implications for maintaining navigation
safety, the safety of maritime workers, and the preservation of the
environment.
(j) GAO Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this section, the Comptroller General of the
United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the state of autonomous and remote
technologies in the operation of shipboard equipment and the
safe and secure navigation of vessels in Federal waters of the
United States.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) An assessment of commercially available
autonomous and remote technologies in the operation of
shipboard equipment and the safe and secure navigation
of vessels during the 10 years immediately preceding
the date of the report.
(B) An analysis of the safety, physical security,
cybersecurity, and collision avoidance risks and
benefits associated with autonomous and remote
technologies in the operation of shipboard equipment
and the safe and secure navigation of vessels,
including environmental considerations.
(C) An assessment of the impact of such autonomous
and remote technologies, and all associated
technologies, on labor, including--
(i) roles for credentialed and
noncredentialed workers regarding such
autonomous, remote, and associated
technologies; and
(ii) training and workforce development
needs associated with such technologies.
(D) An assessment and evaluation of regulatory
requirements necessary to guide the development of
future autonomous, remote, and associated technologies
in the operation of shipboard equipment and safe and
secure navigation of vessels.
(E) An assessment of the extent to which such
technologies are being used in other countries and how
such countries have regulated such technologies.
(F) Recommendations regarding authorization,
infrastructure, and other requirements necessary for
the implementation of such technologies in the United
States.
(3) Consultation.--The report required under paragraph (1)
shall include, at a minimum, consultation with the maritime
industry including--
(A) vessel operators, including commercial
carriers, entities engaged in exploring for,
developing, or producing resources, including non-
mineral energy resources in its offshore areas, and
supporting entities in the maritime industry;
(B) shipboard personnel impacted by any change to
autonomous vessel operations, in order to assess the
various benefits and risks associated with the
implementation of autonomous, remote, and associated
technologies in the operation of shipboard equipment
and safe and secure navigation of vessels and the
impact such technologies would have on maritime jobs
and maritime manpower;
(C) relevant federally funded research
institutions, non-governmental organizations, and
academia; and
(D) the commercial space industry.
(k) Merchant Mariner Credential Defined.--In this section, the term
``merchant mariner credential'' means a merchant mariner license,
certificate, or document that the Secretary is authorized to issue
pursuant to title 46, United States Code.
SEC. 11505. HISTORIC WOOD SAILING VESSELS.
(a) Report on Historic Wood Sailing Vessels.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report evaluating the practicability of the
application of section 3306(n)(3)(A)(v) of title 46, United
States Code, to historic wood sailing vessels.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) An assessment of the compliance, as of the date
on which the report is submitted under paragraph (1),
of historic wood sailing vessels with section
3306(n)(3)(A)(v) of title 46, United States Code.
(B) An assessment of the safety record of historic
wood sailing vessels.
(C) An assessment of any risk that modifying the
requirements under such section would have on the
safety of passengers and crew of historic wood sailing
vessels.
(D) An evaluation of the economic practicability of
requiring the compliance of historic wood sailing
vessels with such section and whether such compliance
would meaningfully improve safety of passengers and
crew in a manner that is both feasible and economically
practicable.
(E) Any recommendations to improve safety in
addition to, or in lieu of, applying such section to
historic wood sailing vessels.
(F) Any other recommendations as the Comptroller
General determines are appropriate with respect to the
applicability of such section to historic wood sailing
vessels.
(G) An assessment to determine if historic wood
sailing vessels could be provided an exemption to such
section and the changes to legislative or rulemaking
requirements, including modifications to section
177.500(q) of title 46, Code of Federal Regulations (as
in effect on the date of enactment of this Act), that
are necessary to provide the Commandant the authority
to make such exemption or to otherwise provide for such
exemption.
(b) Consultation.--In completing the report required under
subsection (a), the Comptroller General may consult with--
(1) the National Transportation Safety Board;
(2) the Coast Guard; and
(3) the maritime industry, including relevant federally
funded research institutions, nongovernmental organizations,
and academia.
(c) Waiver for Covered Historic Vessels.--The captain of a port may
waive the requirements of section 3306(n)(3)(A)(v) of title 46, United
States Code, with respect to covered historic vessels for not more than
2 years after the date on which the report required under subsection
(a) is submitted.
(d) Waiver for Other Historic Wood Sailing Vessels.--
(1) In general.--The captain of a port may, upon the
request of the owner or operator of a historic wood sailing
vessel that is not a covered historic vessel, waive the
requirements of section 3306(n)(3)(A)(v) of title 46, United
States Code, with respect to the historic wood sailing vessel
for not more than 2 years after date on which the report
required under subsection (a) is submitted, if the captain of
the port--
(A) determines that it is technically infeasible
for the historic wood sailing vessel to comply with the
requirements described in section 3306(n)(3)(A)(v) of
title 46, United States Code, due to its age; and
(B) approves the alternative arrangements proposed
for the historic wood sailing vessel in accordance with
paragraph (2).
(2) Request and alternative arrangements.--An owner or
operator of a historic wood sailing vessel requesting a waiver
under paragraph (1) shall submit such a request to the captain
of a port that includes the alternative arrangements the owner
or operator will take to ensure an equivalent level of safety,
to the maximum extent practicable, to the requirements under
section 3306(n)(3)(A)(v) of title 46, United States Code.
(e) Savings Clause.--Nothing in this section shall limit any
authority available, as of the date of enactment of this Act, to the
captain of a port with respect to safety measures or any other
authority as necessary for the safety of historic wood sailing vessels.
(f) Notice to Passengers.--Any vessel that receives a waiver under
subsection (c) or subsection (d) shall, beginning on the date on which
the requirements under section 3306(n)(3)(v) of title 46, United States
Code, take effect, provide a prominently displayed notice on its
website, ticket counter, and each ticket for a passenger that the
vessel is exempt from meeting the Coast Guard safety compliance
standards concerning egress as described under such section.
(g) Definitions.--In this section:
(1) Covered historic vessels.--The term ``covered historic
vessels'' means each of the following:
(A) Adventuress (Official Number 210877).
(B) American Eagle (Official Number 229913).
(C) Angelique (Official Number 623562).
(D) Heritage (Official Number 649561).
(E) J & E Riggin (Official Number 226422).
(F) Ladona (Official Number 222228).
(G) Lady Washington (Official Number 944970).
(H) Lettie G. Howard (Official Number 222838).
(I) Lewis R. French (Official Number 015801).
(J) Mary Day (Official Number 288714).
(K) Stephen Taber (Official Number 115409).
(L) Victory Chimes (Official Number 136784).
(M) Grace Bailey (Official Number 085754).
(N) Mercantile (Official Number 214388).
(O) Mistress (Official Number 509004).
(P) Wendameen (Official Number 210173).
(2) Historic wood sailing vessel.--The term ``historic wood
sailing vessel'' means a covered small passenger vessel, as
defined in section 3306(n)(5) of title 46, United States Code,
that--
(A) has overnight passenger accommodations;
(B) is a wood sailing vessel;
(C) has a hull constructed of wood;
(D) is principally equipped for propulsion by sail,
even if the vessel has an auxiliary means of
production;
(E) has no fewer than three masts; and
(F) was constructed before 1986.
SEC. 11506. CERTIFICATES OF NUMBERS FOR UNDOCUMENTED VESSELS.
Section 12304(a) of title 46, United States Code, is amended--
(1) by striking ``shall be pocketsized,''; and
(2) by inserting ``in hard copy or digital form. Any
certificate issued in hard copy under this section shall be
pocketsized. The certificate shall be'' after ``and may be''.
SEC. 11507. COMPTROLLER GENERAL REVIEW AND REPORT ON COAST GUARD
OVERSIGHT OF THIRD-PARTY ORGANIZATIONS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall
initiate a review that assesses the oversight of the Coast Guard of
third-party organizations.
(b) Elements.--In carrying out the review required under subsection
(a), the Comptroller General shall analyze the following:
(1) Coast Guard use of third-party organizations in the
prevention mission of the Coast Guard and the extent to which
the Coast Guard plans to increase such use to enhance
prevention mission performance, including resource use and
specialized expertise.
(2) The extent to which the Coast Guard has assessed the
potential risks and benefits of using third-party organizations
to support prevention mission activities.
(3) The extent to which the Coast Guard provides oversight
of third-party organizations authorized to support prevention
mission activities.
(c) Report.--Not later than 1 year after initiating the review
required under subsection (a), the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives the results of such review.
SEC. 11508. ARTICULATED TUG-BARGE MANNING.
(a) In General.--Notwithstanding the watch setting requirements set
forth in section 8104 of title 46, United States Code, the Secretary
shall authorize an Officer in Charge, Marine Inspection to issue an
amended certificate of inspection that does not require engine room
watch setting to inspected towing vessels certificated prior to July
19, 2022, forming part of an articulated tug-barge unit, provided that
such vessels are equipped with engineering control and monitoring
systems of a type accepted for no engine room watch setting under a
previously approved minimum safe manning document or certificate of
inspection for articulated tug-barge units.
(b) Definitions.--In this section:
(1) Certificate of inspection.--The term ``certificate of
inspection'' means a certificate of inspection under subchapter
M of chapter I of title 46, Code of Federal Regulations.
(2) Inspected towing vessel.--The term ``inspected towing
vessel'' means a vessel issued a certificate of inspection.
SEC. 11509. FISHING VESSEL SAFETY.
(a) In General.--Chapter 45 of title 46, United States Code, is
amended--
(1) in section 4502(f)(2) by striking ``certain vessels
described in subsection (b) if requested by the owner or
operator; and'' and inserting the following: ``vessels
described in subsection (b) if--
``(A) requested by an owner or operator; or
``(B) the vessel is--
``(i) at least 50 feet overall in length;
``(ii) built before July 1, 2013; and
``(iii) 25 years of age or older; and'';
(2) in section 4503(b) by striking ``Except as provided in
section 4503a, subsection (a)'' and inserting ``Subsection
(a)''; and
(3) by repealing section 4503a.
(b) Alternative Safety Compliance Agreements.--Nothing in this
section or the amendments made by this section shall be construed to
affect or apply to any alternative compliance and safety agreement
entered into by the Coast Guard that is in effect on the date of
enactment of this Act.
(c) Conforming Amendments.--The analysis for chapter 45 of title
46, United States Code, is amended by striking the item relating to
section 4503a.
SEC. 11510. EXEMPTIONS FOR CERTAIN PASSENGER VESSELS.
Notwithstanding any other provision of law, requirements
authorized under sections 3508 and 3509 of title 46, United States
Code, shall not apply to any passenger vessel, as defined in section
2101 of such title --
(1) that carries in excess of 250 passengers;
(2) that is, or was, in operation exclusively within the
inland rivers and internal waters of the United States on
voyages inside the Boundary Line, as defined in section 103 of
such title, on or before July 27, 2030; and
(3) the operators or charterers of which operated any
documented vessels with a coastwise endorsement prior to
January 1, 2024.
Subtitle B--Merchant Mariner Credentialing
SEC. 11511. MODERNIZING MERCHANT MARINER CREDENTIALING SYSTEM.
(a) Report.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Commandant shall submit to the
Committees on Commerce, Science, and Transportation and
Appropriations of the Senate, and the Committees on
Transportation and Infrastructure and Appropriations of the
House of Representatives, a report on the financial, human, and
information technology infrastructure resources needed to
establish an electronic merchant mariner licensing and
documentation system.
(2) Legislative and regulatory suggestions.--In preparing
the report described in paragraph (1), the Commandant--
(A) shall include recommendations for any
legislative or administrative actions as the Commandant
determines necessary to establish the electronic
merchant mariner licensing and documentation system
described in paragraph (1) as soon as possible; and
(B) may include findings, conclusions, or
recommendations from the study conducted under
subsection (b).
(b) Study.--
(1) In general.--In preparing the report required under
subsection (a), the Commandant and the Administrator of the
Maritime Administration, in coordination with the Commander of
the United States Transportation Command, shall conduct a study
on the feasibility of developing and maintaining a database as
part of an electronic merchant mariner licensing and
documentation system that--
(A) contains records with respect to each
credentialed mariner, including credential validity,
drug and alcohol testing results, and information on
any final adjudicated agency action involving a
credentialed mariner or regarding any involvement in a
marine casualty; and
(B) maintains such records in a manner that allows
data to be readily accessed by the Federal Government
for the purpose of assessing workforce needs and for
the purpose of the economic and national security of
the United States.
(2) Contents.--The study required under paragraph (1)
shall--
(A) include an assessment of the resources,
including information technology, and authorities
necessary to develop and maintain the database
described in such paragraph;
(B) specifically address ways to protect the
privacy interests of any individual whose information
may be contained within such database, which shall
include limiting access to the database or having
access to the database be monitored by, or accessed
through, a member of the Coast Guard; and
(C) address the feasibility of incorporating in
such database a reporting mechanism to alert the
Administrator of the Maritime Administration each time
a mariner's credential is reinstated upon completion of
a period of suspension as the result of a suspension
and revocation proceeding under section 7702 of title
46, United States Code, with details about the
violation that led to such suspension.
(c) Electronic Merchant Mariner Licensing and Documentation
System.--Notwithstanding any other provision of law, not later than 2
years after the date of enactment of this Act, the Secretary shall
implement an electronic merchant mariner licensing and documentation
system.
SEC. 11512. ASSESSMENT REGARDING APPLICATION PROCESS FOR MERCHANT
MARINER CREDENTIALS.
(a) In General.--The Secretary shall conduct an assessment to
determine the resources, including personnel and computing resources,
required to reduce the amount of time necessary to process an
application for a merchant mariner credential to not more than 2 weeks
after the date of receipt of such application.
(b) Briefing Required.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall provide a briefing to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives with the results of the assessment required under
subsection (a).
SEC. 11513. GAO REPORT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall prepare and submit a report to Congress that evaluates the
processes of the National Maritime Center for processing and approving
merchant mariner credentials, as of the date of enactment of this Act.
(b) Contents.--In preparing the report required under subsection
(a), the Comptroller General shall--
(1) analyze the effectiveness of the merchant mariner
credentialing process, as of the date of enactment of this Act;
(2) analyze the backlogs relating to the merchant mariner
credentialing process and the reasons for such backlogs; and
(3) provide recommendations for improving and expediting
the merchant mariner credentialing process, including funding
needed to support improved processing times.
SEC. 11514. MILITARY TO MARINERS ACT OF 2022.
(a) Short Title.--This section may be cited as the ``Military to
Mariners Act of 2022''.
(b) Modification of Sea Service Requirements for Merchant Mariner
Credentials for Veterans and Members of the Uniformed Services.--
(1) Review and regulations.--Notwithstanding any other
provision of law, not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(A) review and examine--
(i) the timeframes and impediments for
veterans and members of the uniformed services
to receive a merchant mariner credential;
(ii) the classifications of sea service
acquired through training and service as a
member of the Uniformed Services and level of
equivalence such service has with respect to
sea service on merchant vessels; and
(iii) the amount of sea service, including
percent of the total time onboard for purposes
of equivalent underway service, that will be
accepted as required experience for all
endorsements for applicants for a merchant
mariner credential who are veterans or members
of the Uniformed Services; and
(B) issue new regulations to--
(i) streamline, ensure the accuracy of, and
expedite the transfer, review and acceptance of
information pertaining to training and sea time
for applicants for a merchant mariner
credential who are veterans or members of the
Uniformed Services;
(ii) increase the acceptable percentages of
time equivalent to sea service for such
applicants pursuant to findings of the review
and examination conducted under subparagraph
(A); and
(iii) reduce burdens and create a means of
alternative compliance to demonstrate
instructor competency for Standards of
Training, Certification and Watchkeeping for
Seafarers courses.
(2) Consultation.--In carrying out paragraph (2), the
Secretary shall consult with the National Merchant Marine
Personnel Advisory Committee and shall take into account the
present and future needs of the United States Merchant Marine
labor workforce.
(3) Report.--Not later than 180 days after the date of
enactment of this Act, the United States Committee on the
Marine Transportation System shall submit to the Committees on
Commerce, Science, and Transportation and Armed Services of the
Senate and the Committees on Transportation and Infrastructure
and Armed Services of the House of Representatives, a report
that contains an update on the activities carried out to
implement--
(A) the July 2020 report by the Committee on the
Marine Transportation System to the White House Office
of Trade and Manufacturing Policy on the implementation
of Executive Order 13860 (84 Fed. Reg. 8407; relating
to supporting the transition of active duty
servicemembers and military veterans into the Merchant
Marine); and
(B) section 3511 of the National Defense
Authorization Act for Fiscal Year 2020 (46 U.S.C. 3702
note).
(c) Assessment of Skillbridge for Employment as a Merchant
Mariner.--The Secretary, in collaboration with the Secretary of
Defense, shall assess the use of the SkillBridge program of the
Department of Defense as a means for transitioning active duty sea
service personnel to employment as merchant mariners.
SEC. 11515. DEFINITIONS.
In this subtitle:
(1) Credentialed mariner.--The term ``credentialed
mariner'' means an individual with a merchant mariner
credential.
(2) Merchant mariner credential.--The term ``merchant
mariner credential'' has the meaning given such term in section
7510(d) of title 46, United States Code.
(3) Uniformed services.--The term ``uniformed services''
has the meaning given the term ``uniformed services'' in
section 2101 of title 5, United States Code.
Subtitle C--Other Matters
SEC. 11516. NONOPERATING INDIVIDUAL.
Section 8313(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended
by striking ``the date that is 2 years after the date of the enactment
of this Act'' and inserting ``January 1, 2025''.
SEC. 11517. OCEANOGRAPHIC RESEARCH VESSELS.
(a) Report Required.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary, shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report detailing
the total number of vessels known or estimated to operate or to have
operated under section 50503 of title 46, United States Code, during
each of the past 10 fiscal years.
(b) Contents.--The report required under subsection (a) shall
include the following elements:
(1) The total number of foreign-flagged vessels known or
estimated to operate or to have operated as oceanographic
research vessels (as such term is defined in section 2101 of
title 46, United States Code) during each of the past 10 fiscal
years.
(2) The total number of United States-flagged vessels known
or estimated to operate or to have operated as oceanographic
research vessels (as such term is defined section 2101 of title
46, United States Code) during each of the past 10 fiscal
years.
SEC. 11518. PORT ACCESS ROUTES BRIEFING.
(a) Atlantic Coast Port Access Route.--Not later than 30 days after
the date of enactment of this Act, and not less than every 30 days
thereafter until the requirements of section 70003 of title 46, United
States Code, are fully executed with respect to the Atlantic Coast Port
Access Route, the Secretary shall brief the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate on any progress
made to execute such requirements.
(b) Other Coast Port Access Routes.--Not later than 180 days after
the date of enactment of this Act, and not less than every 180 days
thereafter until the requirements of section 70003 of title 46, United
States Code, are fully executed with respect to each of the Alaskan
Arctic, Gulf of Mexico and Pacific Coast port access route studies, the
Secretary shall brief the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate on the status of
each study and the implementation of any recommendations made in each
such study.
SEC. 11519. DEFINITION OF STATELESS VESSEL.
Section 70502(d)(1) of title 46, United States Code, is amended--
(1) in subparagraph (B) by striking ``and'' after the
semicolon;
(2) in subparagraph (C) by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) a vessel aboard which no individual, on
request of an officer of the United States authorized
to enforce applicable provisions of United States law,
claims to be the master or is identified as the
individual in charge, and that has no other claim of
nationality or registry under paragraph (1) or (2) of
subsection (e).''.
SEC. 11520. LIMITATION ON RECOVERY FOR CERTAIN INJURIES INCURRED IN
AQUACULTURE ACTIVITIES.
(a) In General.--Section 30104 of title 46, United States Code, is
amended--
(1) by inserting ``(a) In General.--'' before the first
sentence; and
(2) by adding at the end the following:
``(b) Limitation on Recovery by Aquaculture Workers.--
``(1) In general.--For purposes of subsection (a), the term
`seaman' does not include an individual who--
``(A) is an aquaculture worker if State workers'
compensation is available to such individual; and
``(B) was, at the time of injury, engaged in
aquaculture in a place where such individual had lawful
access.
``(2) Aquaculture worker defined.--In this subsection, the
term `aquaculture worker' means an individual who--
``(A) is employed by a commercial enterprise that
is involved in the controlled cultivation and harvest
of aquatic plants and animals, including--
``(i) the cleaning, processing, or canning
of fish and fish products;
``(ii) the cultivation and harvesting of
shellfish; and
``(iii) the controlled growing and
harvesting of other aquatic species;
``(B) does not hold a license issued under section
7101(c); and
``(C) is not required to hold a merchant mariner
credential under part F of subtitle II.''.
(b) Applicability.--The amendments made by this section shall apply
to an injury incurred on or after the date of enactment of this Act.
SEC. 11521. REPORT ON SECURING VESSELS AND CARGO.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall conduct
a study that assesses the efforts of the Coast Guard with respect to
securing vessels and maritime cargo bound for the United States from
national security related risks and threats.
(b) Elements.--In conducting the study under subsection (a), the
Comptroller General shall assess the following:
(1) Programs of the Coast Guard to secure vessels and
maritime cargo bound for the United States from national
security related risks and threats and the extent to which such
programs cover the critical components of the global supply
chain.
(2) The extent to which the Coast Guard has implemented
leading practices in such programs, including the extent to
which the Coast Guard has collaborated with foreign countries
or foreign ports that ship goods to the United States to
implement such leading practices.
(3) The extent to which the Coast Guard has assessed the
effectiveness of such programs.
(c) Report.--Upon completion of the study conducted under
subsection (a), the Comptroller General shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives the results of the study conducted under this section.
SEC. 11522. REPORT ON ENFORCEMENT OF COASTWISE LAWS.
Not later than 1 year of the date of enactment of this Act, the
Commandant shall submit to Congress a report describing any changes to
the enforcement of chapters 121 and 551 of title 46, United States
Code, as a result of the amendments to section 4(a)(1) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1333(a)(1)) made by section 9503
of the William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283).
SEC. 11523. LAND CONVEYANCE, SHARPE ARMY DEPOT, LATHROP, CALIFORNIA.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Maritime Administration shall complete the land
conveyance required under section 2833 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283).
SEC. 11524. PROHIBITION ON ENTRY AND OPERATION.
(a) Prohibition.--
(1) In general.--Except as otherwise provided in this
section, during the period in which Executive Order 14065 (87
Fed. Reg. 10293, relating to blocking certain Russian property
or transactions), or any successor Executive Order is in
effect, no vessel described in subsection (b) may enter or
operate in the navigable waters of the United States or
transfer cargo in any port or place under the jurisdiction of
the United States.
(2) Limitations on application.--
(A) In general.--The prohibition under paragraph
(1) shall not apply with respect to a vessel described
in subsection (b) if the Secretary of State determines
that--
(i) the vessel is owned or operated by a
Russian national or operated by the government
of the Russian Federation; and
(ii) it is in the national security
interest not to apply the prohibition to such
vessel.
(B) Notice.--Not later than 15 days after making a
determination under subparagraph (A), the Secretary of
State shall submit to the Committee on Foreign Affairs
and the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Foreign Relations and the Committee on Commerce,
Science, and Transportation of the Senate written
notice of the determination and the basis upon which
the determination was made.
(C) Publication.--The Secretary of State shall
publish a notice in the Federal Register of each
determination made under subparagraph (A).
(3) Savings clause.--The prohibition under paragraph (1)
shall not apply with respect to vessels engaged in passage
permitted under international law.
(b) Vessels Described.--A vessel referred to in subsection (a) is a
vessel owned or operated by a Russian national or operated by the
government of the Russian Federation.
(c) Information and Publication.--The Secretary, with the
concurrence of the Secretary of State, shall--
(1) maintain timely information on the registrations of all
foreign vessels owned or operated by or on behalf of the
Government of the Russian Federation, a Russian national, or a
entity organized under the laws of the Russian Federation or
any jurisdiction within the Russian Federation; and
(2) periodically publish in the Federal Register a list of
the vessels described in paragraph (1).
(d) Notification of Governments.--
(1) In general.--The Secretary of State shall notify each
government, the agents or instrumentalities of which are
maintaining a registration of a foreign vessel that is included
on a list published under subsection (c)(2), not later than 30
days after such publication, that all vessels registered under
such government's authority are subject to subsection (a).
(2) Additional notification.--In the case of a government
that continues to maintain a registration for a vessel that is
included on such list after receiving an initial notification
under paragraph (1), the Secretary shall issue an additional
notification to such government not later than 120 days after
the publication of a list under subsection (c)(2).
(e) Notification of Vessels.--Upon receiving a notice of arrival
under section 70001(a)(5) of title 46, United States Code, from a
vessel described in subsection (b), the Secretary shall notify the
master of such vessel that the vessel may not enter or operate in the
navigable waters of the United States or transfer cargo in any port or
place under the jurisdiction of the United States, unless--
(1) the Secretary of State has made a determination under
subsection (a)(2); or
(2) the Secretary allows provisional entry of the vessel,
or transfer of cargo from the vessel, under subsection (f).
(f) Provisional Entry or Cargo Transfer.--Notwithstanding any other
provision of this section, the Secretary may allow provisional entry
of, or transfer of cargo from, a vessel, if such entry or transfer is
necessary for the safety of the vessel or persons aboard.
SEC. 11525. FLOATING DRY DOCKS.
Section 55122(a) of title 46, United States Code, is amended--
(1) in paragraph (1)(C)--
(A) by striking ``2015; and'' and inserting ``2015;
or'';
(B) by striking ``(C) was'' and inserting the
following:
``(C)(i) was''; and
(C) by adding at the end the following:
``(ii) had a letter of intent for purchase by such
shipyard or affiliate signed prior to such date of
enactment; and''; and
(2) in paragraph (2) by inserting ``or, in the case of a
dry dock described in paragraph (1)(C)(ii), occurs between
Honolulu, Hawaii, and Pearl Harbor, Hawaii'' before the period
at the end.
SEC. 11526. UPDATED REQUIREMENTS FOR FISHING CREW AGREEMENTS.
Section 10601(b) of title 46, United States Code, is amended--
(1) in paragraph (2) by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) in the case of a seaman employed on a vessel that is
a catcher processor or fish processing vessel that employs more
than 25 crewmembers, include a requirement that each crewmember
shall be served not less than three meals a day that--
``(A) total not less than 3,100 calories; and
``(B) include adequate water and minerals in
accordance with the United States Recommended Daily
Allowances; and''.
TITLE CXVI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND
RESPONSE
SEC. 11601. DEFINITIONS.
(a) In General.--Section 2101 of title 46, United States Code, is
amended--
(1) by redesignating paragraphs (45) through (54) as
paragraphs (47) through (56), respectively; and
(2) by inserting after paragraph (44) the following:
``(45) `sexual assault' means any form of abuse or contact
as defined in chapter 109A of title 18, or a substantially
similar offense under State, local, or Tribal law.
``(46) `sexual harassment' means--
``(A) conduct that--
``(i) involves unwelcome sexual advances,
requests for sexual favors, or deliberate or
repeated offensive comments or gestures of a
sexual nature if any--
``(I) submission to such conduct is
made either explicitly or implicitly a
term or condition of employment, pay,
career, benefits, or entitlements of
the individual;
``(II) submission to, or rejection,
of such conduct by an individual is
used as a basis for decisions affecting
that individual's job, pay, career,
benefits, or entitlements;
``(III) such conduct has the
purpose or effect of unreasonably
interfering with an individual's work
performance or creates an intimidating,
hostile, or offensive work environment;
or
``(IV) conduct may have been by an
individual's supervisor, a supervisor
in another area, a co-worker, or
another credentialed mariner; and
``(ii) is so severe or pervasive that a
reasonable person would perceive, and the
victim does perceive, the environment as
hostile or offensive;
``(B) any use or condonation associated with first-
hand or personal knowledge, by any individual in a
supervisory or command position, of any form of sexual
behavior to control, influence, or affect the career,
pay, benefits, entitlements, or employment of a
subordinate; and
``(C) any intentional or repeated unwelcome verbal
comment or gesture of a sexual nature towards or about
an individual by the individual's supervisor, a
supervisor in another area, a coworker, or another
credentialed mariner.''.
(b) Report.--The Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report describing any changes the Commandant may propose to the
definitions added by the amendments in subsection (a).
(c) Conforming Amendments.--
(1) Authority to exempt certain vessels.--Section 2113(3)
of title 46, United States Code, is amended by striking
``section 2101(51)(A)'' and inserting ``section 2101(53)(A)''.
(2) Uninspected passenger vessels.--Section 4105 of title
46, United States Code, is amended--
(A) in subsections (b)(1) and (c) by striking
``section 2101(51)'' each place it appears and
inserting ``section 2101''; and
(B) in subsection (d) by striking ``section
2101(51)(A)'' and inserting ``section 2101(53)(A)''.
(3) General authority.--Section 1131(a)(1)(E) of title 49,
United States Code, is amended by striking ``section 2101(46)''
and inserting ``section 116''.
SEC. 11602. CONVICTED SEX OFFENDER AS GROUNDS FOR DENIAL.
(a) In General.--Chapter 75 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 7511. Convicted sex offender as grounds for denial
``(a) Sexual Abuse.--A license, certificate of registry, or
merchant mariner's document authorized to be issued under this part
shall be denied to an individual who has been convicted of a sexual
offense prohibited under--
``(1) chapter 109A of title 18, except for subsection (b)
of section 2244 of title 18; or
``(2) a substantially similar offense under State, local,
or Tribal law.
``(b) Abusive Sexual Contact.--A license, certificate of registry,
or merchant mariner's document authorized to be issued under this part
may be denied to an individual who within 5 years before applying for
the license, certificate, or document, has been convicted of a sexual
offense prohibited under subsection (b) of section 2244 of title 18, or
a substantially similar offense under State, local, or Tribal law.''.
(b) Clerical Amendment.--The analysis for chapter 75 of title 46,
United States Code, is amended by adding at the end the following:
``7511. Convicted sex offender as grounds for denial.''.
SEC. 11603. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS GROUNDS FOR
SUSPENSION OR REVOCATION.
(a) In General.--Chapter 77 of title 46, United States Code, is
amended by inserting after section 7704 the following:
``Sec. 7704a. Sexual harassment or sexual assault as grounds for
suspension or revocation
``(a) Sexual Harassment.--If it is shown at a hearing under this
chapter that a holder of a license, certificate of registry, or
merchant mariner's document issued under this part, within 5 years
before the beginning of the suspension and revocation proceedings, is
the subject of an official finding of sexual harassment, then the
license, certificate of registry, or merchant mariner's document may be
suspended or revoked.
``(b) Sexual Assault.--If it is shown at a hearing under this
chapter that a holder of a license, certificate of registry, or
merchant mariner's document issued under this part, within 10 years
before the beginning of the suspension and revocation proceedings, is
the subject of an official finding of sexual assault, then the license,
certificate of registry, or merchant mariner's document shall be
revoked.
``(c) Official Finding.--
``(1) In general.--In this section, the term `official
finding' means--
``(A) a legal proceeding or agency finding or
decision that determines the individual committed
sexual harassment or sexual assault in violation of any
Federal, State, local, or Tribal law or regulation; or
``(B) a determination after an investigation by the
Coast Guard that, by a preponderance of the evidence,
the individual committed sexual harassment or sexual
assault if the investigation affords appropriate due
process rights to the subject of the investigation.
``(2) Administrative law judge review.--
``(A) Coast guard investigation.--A determination
under paragraph (1)(B) shall be reviewed and affirmed
by an administrative law judge within the same
proceeding as any suspension or revocation of a
license, certificate of registry, or merchant mariner's
document under subsection (a) or (b).
``(B) Legal proceeding.--A determination under
paragraph (1)(A) that an individual committed sexual
harassment or sexual assault is conclusive in
suspension and revocation proceedings.''.
(b) Clerical Amendment.--The analysis for chapter 77 of title 46,
United States Code, is amended by inserting after the item relating to
section 7704 the following:
``7704a. Sexual harassment or sexual assault as grounds for suspension
or revocation.''.
SEC. 11604. ACCOMMODATION; NOTICES.
Section 11101 of title 46, United States Code, is amended--
(1) in subsection (a)(3) by striking ``and'' at the end;
(2) in subsection (a)(4) by striking the period at the end
and inserting ``; and'';
(3) in subsection (a) by adding at the end the following:
``(5) each crew berthing area shall be equipped with
information regarding--
``(A) vessel owner or company policies prohibiting
sexual assault and sexual harassment, retaliation, and
drug and alcohol usage; and
``(B) procedures and resources to report crimes,
including sexual assault and sexual harassment,
including information--
``(i) on the telephone number, website
address, and email address for reporting
allegations of sexual assault and sexual
harassment to the Coast Guard;
``(ii) on vessel owner or company
procedures to report violations of company
policy and access resources;
``(iii) on resources provided by outside
organizations such as sexual assault hotlines
and counseling;
``(iv) on the retention period for
surveillance video recording after an incident
of sexual harassment or sexual assault is
reported; and
``(v) additional items specified in
regulations issued by, and at the discretion
of, the Secretary of the department in which
the Coast Guard is operating.''; and
(4) in subsection (d) by adding at the end the following:
``In each washing space in a visible location there shall be
information regarding procedures and resources to report crimes
upon the vessel, including sexual assault and sexual
harassment, and vessel owner or company policies prohibiting
sexual assault and sexual harassment, retaliation, and drug and
alcohol usage.''.
SEC. 11605. PROTECTION AGAINST DISCRIMINATION.
Section 2114(a) of title 46, United States Code, is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (B) through (G)
as subparagraphs (C) through (H), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) the seaman in good faith has reported or is about to
report to the vessel owner, Coast Guard or other appropriate
Federal agency or department sexual harassment or sexual
assault against the seaman or knowledge of sexual harassment or
sexual assault against another seaman;''; and
(2) in paragraphs (2) and (3) by striking ``paragraph
(1)(B)'' and inserting ``paragraph (1)(C)''.
SEC. 11606. ALCOHOL AT SEA.
(a) In General.--The Commandant shall seek to enter into an
agreement with the National Academy of Sciences not later than 1 year
after the date of enactment of this Act under which the National
Academy of Sciences shall prepare an assessment to determine safe
levels of alcohol consumption and possession by crew members aboard
vessels of the United States engaged in commercial service, except when
such possession is associated with the commercial sale to individuals
aboard the vessel who are not crew members.
(b) Assessment.--The assessment prepared pursuant to subsection (a)
shall--
(1) take into account the safety and security of every
individual on the vessel;
(2) take into account reported incidences of sexual
harassment or sexual assault, as defined in section 2101 of
title 46, United States Code; and
(3) provide any appropriate recommendations for any changes
to laws, regulations, or employer policies.
(c) Submission.--Upon completion of the assessment under this
section, the National Academy of Sciences shall submit to the Committee
on Commerce, Science, and Transportation of the Senate, the Committee
on Transportation and Infrastructure of the House of Representatives,
the Commandant, and the Secretary the assessment prepared pursuant to
subsection (a).
(d) Regulations.--The Commandant--
(1) shall, not later than 180 days after receiving the
submission of the assessment under subsection (c), review the
changes to regulations recommended in such assessment; and
(2) taking into account the safety and security of every
individual on vessels of the United States engaged in
commercial service, may issue regulations relating to alcohol
consumption on such vessels.
(e) Savings Clause.--To the extent the Commandant issues
regulations establishing safe levels of alcohol consumption in
accordance with subsection (d), the Commandant may not issue
regulations which prohibit--
(1) the owner or operator of a vessel from imposing
additional restrictions on the consumption of alcohol,
including the prohibition of the consumption of alcohol on such
vessels; and
(2) possession of alcohol associated with the commercial
sale to individuals aboard the vessel who are not crew members.
(f) Report Required.--If, by the date that is 2 years after the
receipt of the assessment under subsection (c), the Commandant does not
issue regulations under subsection (d), the Commandant shall provide a
report by such date to the committees described in subsection (c)--
(1) containing the rationale for not issuing such
regulations; and
(2) providing other recommendations as necessary to ensure
safety at sea.
SEC. 11607. SURVEILLANCE REQUIREMENTS.
(a) In General.--Part B of subtitle II of title 46, United States
Code, is amended by adding at the end the following:
``CHAPTER 49--OCEANGOING NON-PASSENGER COMMERCIAL VESSELS
``Sec.
``4901. Surveillance requirements.
``Sec. 4901. Surveillance requirements
``(a) In General.--A vessel engaged in commercial service that does
not carry passengers, shall maintain a video surveillance system.
``(b) Applicability.--The requirements in this section shall apply
to--
``(1) documented vessels with overnight accommodations for
at least 10 individuals on board that are--
``(A) on a voyage of at least 600 miles and crosses
seaward of the Boundary Line; or
``(B) at least 24 meters (79 feet) in overall
length and required to have a load line under chapter
51;
``(2) documented vessels of at least 500 gross tons as
measured under section 14502, or an alternate tonnage measured
under section 14302 as prescribed by the Secretary under
section 14104 on an international voyage; and
``(3) vessels with overnight accommodations for at least 10
individuals on board that are operating for no less than 72
hours on waters superjacent to the outer Continental Shelf (as
defined in section 2(a) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1331(a)).
``(c) Placement of Video and Audio Surveillance Equipment.--
``(1) In general.--The owner of a vessel to which this
section applies shall install video and audio surveillance
equipment aboard the vessel not later than 2 years after
enactment of the Don Young Coast Guard Authorization Act of
2022, or during the next scheduled drydock, whichever is later.
``(2) Locations.--Video and audio surveillance equipment
shall be placed in passageways on to which doors from
staterooms open. Such equipment shall be placed in a manner
ensuring the visibility of every door in each such passageway.
``(d) Notice of Video and Audio Surveillance.--The owner of a
vessel to which this section applies shall provide clear and
conspicuous signs on board the vessel notifying the crew of the
presence of video and audio surveillance equipment.
``(e) Access to Video and Audio Records.--The owner of a vessel to
which this section applies shall ensure that access to records of video
and audio surveillance is not used as part of a labor action against a
crew member or employment dispute unless used in a criminal or civil
action.
``(f) Retention Requirements.--The owner of a vessel to which this
section applies shall retain all records of audio and video
surveillance for not less than 1 year after the footage is obtained.
Any video and audio surveillance found to be associated with an alleged
incident should be preserved for not less than 5 years from the date of
the alleged incident.
``(g) Personnel Training.--A vessel owner or employer of a seafarer
shall provide training for all individuals employed by the owner or
employer for the purpose of responding to incidents of sexual assault
or sexual harassment, including--
``(1) such training to ensure the individuals--
``(A) retain audio and visual records and other
evidence objectively; and
``(B) act impartially without influence from the
company or others; and
``(2) training on applicable Federal, State, Tribal, and
local laws and regulations regarding sexual assault and sexual
harassment investigations and reporting requirements.
``(g) Definition of Owner.--In this section, the term `owner' means
the owner, charterer, managing operator, master, or other individual in
charge of a vessel.
``(h) Exemption.--Fishing vessels, fish processing vessels, and
fish tender vessels are exempt from this section.''.
(b) Clerical Amendment.--The table of chapters for subtitle II of
title 46, United States Code, is amended by adding after the item
related to chapter 47 the following:
``49. Oceangoing Non-Passenger Commercial Vessels........... 4901''.
SEC. 11608. MASTER KEY CONTROL.
(a) In General.--Chapter 31 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 3106. Master key control system
``(a) In General.--The owner of a vessel subject to inspection
under section 3301 shall--
``(1) ensure that such vessel is equipped with a vessel
master key control system, manual or electronic, which provides
controlled access to all copies of the vessel's master key of
which access shall only be available to the individuals
described in paragraph (2);
``(2) establish a list of all crew, identified by position,
allowed to access and use the master key and maintain such list
upon the vessel, within owner records and included in the
vessel safety management system;
``(3) record in a log book information on all access and
use of the vessel's master key, including--
``(A) dates and times of access;
``(B) the room or location accessed; and
``(C) the name and rank of the crew member that
used the master key; and
``(4) make the list under paragraph (2) and the log book
under paragraph (3) available upon request to any agent of the
Federal Bureau of Investigation, any member of the Coast Guard,
and any law enforcement officer performing official duties in
the course and scope of an investigation.
``(b) Prohibited Use.--Crew not included on the list described in
subsection (a)(2) shall not have access to or use the master key unless
in an emergency and shall immediately notify the master and owner of
the vessel following use of such key.
``(c) Requirements for Log Book.--The log book described in
subsection (a)(3) and required to be included in a safety management
system under section 3203(a)(6)--
``(1) may be electronic; and
``(2) shall be located in a centralized location that is
readily accessible to law enforcement personnel.
``(d) Penalty.--Any crew member who uses the master key without
having been granted access pursuant to subsection (a)(2) shall be
liable to the United States Government for a civil penalty of not more
than $1,000 and may be subject to suspension or revocation under
section 7703.
``(e) Exemption.--This section shall not apply to vessels subject
to section 3507(f).''.
(b) Clerical Amendment.--The analysis for chapter 31 of title 46,
United States Code, is amended by adding at the end the following:
``3106. Master key control system.''.
SEC. 11609. REQUIREMENT TO REPORT SEXUAL ASSAULT AND HARASSMENT.
Section 10104 of title 46, United States Code, is amended by
striking subsections (a) and (b) and inserting the following:
``(a) Mandatory Reporting by Responsible Entity of a Vessel.--
``(1) In general.--The responsible entity of a vessel shall
report to the Commandant any complaint or incident of
harassment, sexual harassment, or sexual assault in violation
of employer policy or law, of which such entity is made aware.
``(2) Penalty.--A responsible entity of a vessel who
knowingly fails to report in compliance with paragraph (1) is
liable to the United States Government for a civil penalty of
not more than $50,000.
``(b) Reporting Procedures.--
``(1) Responsible entity of a vessel reporting.--A report
required under subsection (a) shall be made immediately after
the responsible entity of a vessel gains knowledge of a sexual
assault or sexual harassment incident by the fastest
telecommunication channel available to--
``(A) a single entity in the Coast Guard designated
by the Commandant to receive such reports; and
``(B) the appropriate officer or agency of the
government of the country in whose waters the incident
occurs.
``(2) Contents.--Such shall include, to the best of the
knowledge of the individual making the report--
``(A) the name, official position or role in
relation to the vessel, and contact information of such
individual;
``(B) the name and official number of the
documented vessel;
``(C) the time and date of the incident;
``(D) the geographic position or location of the
vessel when the incident occurred; and
``(E) a brief description of the alleged sexual
harassment or sexual assault being reported.
``(3) Receiving reports; collection of information.--
``(A) Receiving reports.--With respect to reports
submitted under subsection (a), the Commandant--
``(i) may establish additional reporting
procedures, including procedures for receiving
reports through--
``(I) a single telephone number
that is continuously manned at all
times; and
``(II) a single email address that
is continuously monitored; and
``(ii) shall use procedures that include
preserving evidence in such reports and
providing emergency service referrals.
``(B) Collection of information.--After receipt of
the report made under subsection (a), the Coast Guard
shall collect information related to the identity of
each alleged victim, alleged perpetrator, and any
witnesses identified in the report through means
designed to protect, to the extent practicable, the
personal identifiable information of such individuals.
``(c) Subpoena Authority.--
``(1) In general.--The Commandant may compel the testimony
of witnesses and the production of any evidence by subpoena to
determine compliance with this section.
``(2) Jurisdictional limits.--The jurisdictional limits of
a subpoena issued under this section are the same as, and are
enforceable in the same manner as, subpoenas issued under
chapter 63 of this title.
``(d) Company After-action Summary.--
``(1) A responsible entity of a vessel that makes a report
under subsection (a) shall--
``(A) submit to the Commandant a document with
detailed information to describe the actions taken by
such entity after becoming aware of the sexual assault
or sexual harassment incident, including the results of
any investigation into the complaint or incident and
any action taken against the offending individual; and
``(B) make such submission not later than 10 days
after such entity made the report under subsection (a).
``(2) Civil penalty.--A responsible entity of a vessel that
fails to comply with paragraph (1) is liable to the United
States Government for a civil penalty of $25,000 and $500 shall
be added for each day of noncompliance, except that the total
amount of a penalty with respect to a complaint or incident
shall not exceed $50,000 per violation.
``(e) Investigatory Audit.--The Commandant shall periodically
perform an audit or other systematic review of the submissions made
under this section to determine if there were any failures to comply
with the requirements of this section.
``(f) Applicability; Regulations.--
``(1) Regulations.-- The Secretary may issue regulations to
implement the requirements of this section.
``(2) Interim reports.--Any report required to be made to
the Commandant under this section shall be made to the Coast
Guard National Command Center, until regulations implementing
the procedures required by this section are issued.
``(g) Definition of Responsible Entity of a Vessel.--In this
section, the term `responsible entity of a vessel' means--
``(1) the owner, master, or managing operator of a
documented vessel engaged in commercial service; or
``(2) the employer of a seafarer on such a vessel.''.
SEC. 11610. SAFETY MANAGEMENT SYSTEM.
(a) Safety Management System.--Section 3203 of title 46, United
States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (5) and (6) as
paragraphs (7) and (8); and
(B) by inserting after paragraph (4) the following:
``(5) with respect to sexual harassment and sexual assault,
procedures for, and annual training requirements for all
responsible persons and vessels to which this chapter applies
on--
``(A) prevention;
``(B) bystander intervention;
``(C) reporting;
``(D) response; and
``(E) investigation;
``(6) the list required under section 3106(a)(2) and the
log book required under section 3106(a)(3);'';
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Procedures and Training Requirements.--In prescribing
regulations for the procedures and training requirements described in
subsection (a)(5), such procedures and requirements shall be consistent
with the requirements to report sexual harassment or sexual assault
under section 10104.
``(c) Audits.--
``(1) Certificates.--
``(A) Suspension.--During an audit of a safety
management system of a vessel required under section
10104(e), the Secretary may suspend the Safety
Management Certificate issued for the vessel under
section 3205 and issue a separate Safety Management
Certificate for the vessel to be in effect for a 3-
month period beginning on the date of the issuance of
such separate certificate.
``(B) Revocation.--At the conclusion of an audit of
a safety management system required under section
10104(e), the Secretary shall revoke the Safety
Management Certificate issued for the vessel under
section 3205 if the Secretary determines--
``(i) that the holder of the Safety
Management Certificate knowingly, or
repeatedly, failed to comply with section
10104; or
``(ii) other failure of the safety
management system resulted in the failure to
comply with such section.
``(2) Documents of compliance.--
``(A) In general.--Following an audit of the safety
management system of a vessel required under section
10104(e), the Secretary may audit the safety management
system of the responsible person for the vessel.
``(B) Suspension.--During an audit under
subparagraph (A), the Secretary may suspend the
Document of Compliance issued to the responsible person
under section 3205 and issue a separate Document of
Compliance to such person to be in effect for a 3-month
period beginning on the date of the issuance of such
separate document.
``(C) Revocation.--At the conclusion of an
assessment or an audit of a safety management system
under subparagraph (A), the Secretary shall revoke the
Document of Compliance issued to the responsible person
if the Secretary determines--
``(i) that the holder of the Document of
Compliance knowingly, or repeatedly, failed to
comply with section 10104; or
``(ii) that other failure of the safety
management system resulted in the failure to
comply with such section.''.
(b) Verification of Compliance.--Section 3205(c)(1) of title 46,
United States Code, is amended by inserting ``, or upon discovery from
other sources of information acquired by the Coast Guard, including a
discovery made during an audit or systematic review conducted under
section 10104(e) of a failure of a responsible person or vessel to
comply with a requirement of a safety management system for which a
Safety Management Certificate and a Document of compliance has been
issued under this section, including a failure to comply with
regulations prescribed under section 3203(a)(7) and (8),'' after
``periodically''.
SEC. 11611. REPORTS TO CONGRESS.
(a) In General.--Chapter 101 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 10105. Reports to Congress
``(a) In General.--Not later than 1 year after the date of
enactment of the Don Young Coast Guard Authorization Act of 2022, and
on an annual basis thereafter, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report that includes--
``(1) the number of reports received under section 10104;
``(2) the number of penalties issued under such section;
``(3) the number of open investigations under such section,
completed investigations under such section, and the outcomes
of such open or completed investigations;
``(4) the number of assessments or audits conducted under
section 3203 and the outcome of those assessments or audits;
``(5) a statistical analysis of compliance with the safety
management system criteria under section 3203;
``(6) the number of credentials denied or revoked due to
sexual harassment, sexual assault, or related offenses; and
``(7) recommendations to support efforts of the Coast Guard
to improve investigations and oversight of sexual harassment
and sexual assault in the maritime sector, including funding
requirements and legislative change proposals necessary to
ensure compliance with title CXVI of the Don Young Coast Guard
Authorization Act of 2022 and the amendments made by such
title.
``(b) Privacy.--In collecting the information required under
subsection (a), the Commandant shall collect such information in a
manner that protects the privacy rights of individuals who are subjects
of such information.''.
(b) Clerical Amendment.--The analysis for chapter 101 of title 46,
United States Code, is amended by adding at the end the following:
``10105. Reports to Congress.''.
TITLE CXVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A--National Oceanic and Atmospheric Administration
Commissioned Officer Corps
SEC. 11701. DEFINITIONS.
Section 212(b) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C.
3002(b)) is amended by adding at the end the following:
``(8) Under secretary.--The term `Under Secretary' means
the Under Secretary of Commerce for Oceans and Atmosphere.''.
SEC. 11702. REQUIREMENT FOR APPOINTMENTS.
Section 221(c) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C.
3021(c)) is amended by striking ``may not be given'' and inserting the
following: ``may--
``(1) be given only to an individual who is a citizen of
the United States; and
``(2) not be given.''.
SEC. 11703. REPEAL OF REQUIREMENT TO PROMOTE ENSIGNS AFTER 3 YEARS OF
SERVICE.
(a) In General.--Section 223 of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of 2002 (33
U.S.C. 3023) is amended to read as follows:
``SEC. 223. SEPARATION OF ENSIGNS FOUND NOT FULLY QUALIFIED.
``If an officer in the permanent grade of ensign is at any time
found not fully qualified, the officer's commission shall be revoked
and the officer shall be separated from the commissioned service.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Act entitled ``An Act to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372)
is amended by striking the item relating to section 223 and inserting
the following:
``Sec. 223. Separation of ensigns found not fully qualified.''.
SEC. 11704. AUTHORITY TO PROVIDE AWARDS AND DECORATIONS.
(a) In General.--Subtitle A of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3001
et seq.) is amended by adding at the end the following:
``SEC. 220. AWARDS AND DECORATIONS.
``The Under Secretary may provide ribbons, medals, badges,
trophies, and similar devices to members of the commissioned officer
corps of the Administration and to members of other uniformed services
for service and achievement in support of the missions of the
Administration.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Act entitled ``An Act to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372)
is amended by inserting after the item relating to section 219 the
following:
``Sec. 220. Awards and decorations.''.
SEC. 11705. RETIREMENT AND SEPARATION.
(a) Involuntary Retirement or Separation.--Section 241(a)(1) of the
National Oceanic and Atmospheric Administration Commissioned Officer
Corps Act of 2002 (33 U.S.C. 3041(a)(1)) is amended to read as follows:
``(1) an officer in the permanent grade of captain or
commander may--
``(A) except as provided by subparagraph (B), be
transferred to the retired list; or
``(B) if the officer is not qualified for
retirement, be separated from service; and''.
(b) Retirement for Age.--Section 243(a) of that Act (33 U.S.C.
3043(a)) is amended by striking ``be retired'' and inserting ``be
retired or separated (as specified in section 1251(e) of title 10,
United States Code)''.
(c) Retirement or Separation Based on Years of Creditable
Service.--Section 261(a) of that Act (33 U.S.C. 3071(a)) is amended--
(1) by redesignating paragraphs (17) through (26) as
paragraphs (18) through (27), respectively; and
(2) by inserting after paragraph (16) the following:
``(17) Section 1251(e), relating to retirement or
separation based on years of creditable service.''.
SEC. 11706. IMPROVING PROFESSIONAL MARINER STAFFING.
(a) In General.--Subtitle E of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3071
et seq.) is amended by adding at the end the following:
``SEC. 269B. SHORE LEAVE FOR PROFESSIONAL MARINERS.
``(a) In General.--The Under Secretary may prescribe regulations
relating to shore leave for professional mariners without regard to the
requirements of section 6305 of title 5, United States Code.
``(b) Requirements.--The regulations prescribed under subsection
(a) shall--
``(1) require that a professional mariner serving aboard an
ocean-going vessel be granted a leave of absence of 4 days per
pay period; and
``(2) provide that a professional mariner serving in a
temporary promotion position aboard a vessel may be paid the
difference between such mariner's temporary and permanent rates
of pay for leave accrued while serving in the temporary
promotion position.
``(c) Professional Mariner Defined.--In this section, the term
`professional mariner' means an individual employed on a vessel of the
Administration who has the necessary expertise to serve in the
engineering, deck, steward, electronic technician, or survey
department.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Act entitled ``An Act to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372)
is amended by inserting after the item relating to section 269A the
following:
``Sec. 269B. Shore leave for professional mariners.''.
SEC. 11707. LEGAL ASSISTANCE.
Section 1044(a)(3) of title 10, United States Code, is amended by
inserting ``or the commissioned officer corps of the National Oceanic
and Atmospheric Administration'' after ``Public Health Service''.
SEC. 11708. ACQUISITION OF AIRCRAFT FOR AGENCY AIR, ATMOSPHERE, AND
WEATHER RECONNAISSANCE AND RESEARCH MISSION.
(a) Increased Fleet Capacity.--
(1) In general.--The Under Secretary of Commerce for Oceans
and Atmosphere shall acquire adequate aircraft platforms with
the necessary observation and modification requirements--
(A) to meet agency-wide air reconnaissance and
research mission requirements, particularly with
respect to hurricanes and tropical cyclones, and also
for atmospheric chemistry, climate, air quality for
public health, full-season fire weather research and
operations, full-season atmospheric river air
reconnaissance observations, and other mission areas;
and
(B) to ensure data and information collected by the
aircraft are made available to all users for research
and operations purposes.
(2) Contracts.--In carrying out paragraph (1), the Under
Secretary shall negotiate and enter into 1 or more contracts or
other agreements, to the extent practicable and necessary, with
1 or more governmental or nongovernmental entities.
(b) Acquisition of Aircraft To Replace WP-3D Aircraft.--Subject to
the availability of appropriations, the Under Secretary may enter into
a contract for the acquisition of up to 6 aircraft to replace the WP-3D
aircraft that provides for--
(1) the first newly acquired aircraft to be fully
operational before the retirement of the last WP-3D aircraft
operated by the National Oceanic and Atmospheric
Administration; and
(2) the second newly acquired aircraft to be fully
operational not later than 1 year after the first such aircraft
is required to be fully operational under subparagraph (A).
(c) Acquisition of Aircraft to Replace End of Life-cycle
Aircraft.--Subject to the availability of appropriations, the Under
Secretary shall maintain the ability of the National Oceanic and
Atmospheric Administration to meet agency air reconnaissance and
research mission requirements by acquiring new aircraft prior to the
end of the service life of the aircraft being replaced with sufficient
lead time that the replacement aircraft is fully operation prior to the
retirement of the aircraft it is replacing.
(d) Authorization of Appropriations.--For fiscal year 2023, there
is authorized to be appropriated to the Under Secretary $800,000,000
for the acquisition of aircraft under this section.
SEC. 11709. REPORT ON PROFESSIONAL MARINER STAFFING MODELS.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure
and the Committee on Natural Resources of the House of Representatives
a report on staffing issues relating to professional mariners within
the Office of Marine and Aviation Operations of the National Oceanic
and Atmospheric Administration.
(b) Elements.--In conducting the report required under subsection
(a), the Comptroller General shall consider--
(1) the challenges the Office of Marine and Aviation
Operations faces in recruiting and retaining qualified
professional mariners;
(2) workforce planning efforts to address such challenges;
and
(3) other models or approaches that exist, or are under
consideration, to provide incentives for the retention of
qualified professional mariners.
(c) Professional Mariner Defined.--In this section, the term
``professional mariner'' means an individual employed on a vessel of
the National Oceanic and Atmospheric Administration who has the
necessary expertise to serve in the engineering, deck, steward, or
survey department.
Subtitle B--Other Matters
SEC. 11710. CONVEYANCE OF CERTAIN PROPERTY OF NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION IN JUNEAU, ALASKA.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the City and Borough of
Juneau, Alaska.
(2) Master plan.--The term ``Master Plan'' means the Juneau
Small Cruise Ship Infrastructure Master Plan released by the
Docks and Harbors Board and Port of Juneau for the City and
dated March 2021.
(3) Property.--The term ``Property'' means the parcel of
real property consisting of approximately 2.4 acres, including
tidelands, owned by the United States and under administrative
custody and control of the National Oceanic and Atmospheric
Administration and located at 250 Egan Drive, Juneau, Alaska,
including any improvements thereon that are not authorized or
required by another provision of law to be conveyed to a
specific individual or entity.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Under Secretary of Commerce for
Oceans and Atmosphere and the Administrator of the National
Oceanic and Atmospheric Administration.
(b) Conveyance Authorized.--
(1) In general.--The Secretary may convey, at fair market
value, all right, title, and interest of the United States in
and to the Property, subject to the restrictions in subsections
(b)(2) and (c) and the requirements of this section.
(2) Restriction.--The Secretary may not take action under
this section until the Commandant notifies the Secretary in
writing that the Coast Guard does not have an interest in
acquiring the property, or a period of 180 calendar days
expires following the date of enactment of this section.
(3) Notification expiration.--If, the Secretary has not
received notification under paragraph (2) at the end of the 180
calendar day period, the Secretary and the Commandant shall
notify the Committee on Transportation and Infrastructure and
the Committee on Appropriations of the House of Representatives
and the Committee on Commerce, Science, and Transportation and
the Committee on Appropriations of the Senate in writing that
no notification has been received.
(4) Termination of authority.--The authority provided under
paragraph (1) shall terminate on the date that is 3 years after
the date of the enactment of this Act.
(c) Transfer of Property to Coast Guard.--
(1) In general.--If not later than 180 calendar days after
the date of enactment of this Act the Commandant notifies the
Secretary that the Coast Guard has an interest in the Property,
the Secretary shall transfer the Property to the Coast Guard.
(2) Transfer.--Any transfer performed pursuant to this
subsection shall--
(A) occur not later than 1 year of any written
notification required under paragraph (1);
(B) include within the transfer from the Department
of Commerce to the Coast Guard all legal obligations
attached to ownership or administrative control of the
Property, interest therein, or improvements thereto,
including environmental compliance and restoration
liabilities and historical preservation liabilities and
responsibilities;
(C) be at no cost to the Department of Commerce, to
include all land survey costs;
(D) not affect or limit any remaining real property
interests held by the Department of Commerce on any
real property subject to such transfer; and
(E) be accompanied by a memorandum of agreement
between the Coast Guard and the Department of Commerce
to require the Commandant to allow--
(i) future access to, and use of, the
Property, including use of available pier
space, to accommodate the reasonable
expectations of the Secretary for future
operational and logistical needs in southeast
Alaska; and
(ii) continued access to, and use of,
existing facilities on the Property, including
a warehouse and machine shop, unless the
Commandant determines that the Property on
which the facilities are located is needed to
support polar operations, at which time the
Coast Guard shall provide the Department of
Commerce access to and use of comparable space
in reasonable proximity to the existing
facilities.
(d) Right of First Refusal.--If the Coast Guard does not transfer
the Property under subsection (c), the City shall have the right of
first refusal with respect to the purchase, at fair market value, of
the Property.
(e) Survey.--The exact acreage and legal description of the
Property shall be determined by a survey satisfactory to the Secretary.
(f) Condition; Quitclaim Deed.--If the Property is conveyed under
subsection (b)(1), the Property shall be conveyed--
(1) in an ``as is, where is'' condition; and
(2) via a quitclaim deed.
(g) Fair Market Value.--
(1) In general.--The fair market value of the Property
shall be--
(A) determined by an appraisal that--
(i) is conducted by an independent
appraiser selected by the Secretary; and
(ii) meets the requirements of paragraph
(2); and
(B) adjusted, at the Secretary's discretion, based
on the factors described in paragraph (3).
(2) Appraisal requirements.--An appraisal conducted under
paragraph (1)(A) shall be conducted in accordance with
nationally recognized appraisal standards, including the
Uniform Standards of Professional Appraisal Practice.
(3) Factors.--The factors described in this paragraph are--
(A) matters of equity and fairness;
(B) actions taken by the City regarding the
Property, if the City exercises the right of first
refusal under subsection (d), including--
(i) comprehensive waterfront planning, site
development, and other redevelopment activities
supported by the City in proximity to the
Property in furtherance of the Master Plan;
(ii) in-kind contributions made to
facilitate and support use of the Property by
governmental agencies; and
(iii) any maintenance expenses, capital
improvement, or emergency expenditures made
necessary to ensure public safety and access to
and from the Property; and
(C) such other factors as the Secretary considers
appropriate.
(h) Costs of Conveyance.--If the City exercises the right of first
refusal under subsection (d), all reasonable and necessary costs,
including real estate transaction and environmental documentation
costs, associated with the conveyance of the Property to the City under
this section may be shared equitably by the Secretary and the City, as
determined by the Secretary, including with the City providing in-kind
contributions for any or all of such costs.
(i) Proceeds.--Any proceeds from a conveyance of the Property under
subsection (b)(1) shall--
(1) be credited as discretionary offsetting collections to
the applicable appropriations accounts or funds of the National
Oceanic and Atmospheric Administration that exists as of the
date of enactment of this Act; and
(2) be used to cover costs associated with the conveyance
of the Property, related relocation efforts, and other facility
and infrastructure projects in Alaska and shall be made
available for such purposes only to the extent and in the
amounts provided in advance in appropriations Acts.
(j) Memorandum of Agreement.--If the City exercises the right of
first refusal under subsection (d), before finalizing a conveyance to
the City under this section, the Secretary and the City shall enter
into a memorandum of agreement to establish the terms under which the
Secretary shall have future access to, and use of, the Property to
accommodate the reasonable expectations of the Secretary for future
operational and logistical needs in southeast Alaska.
(k) Reservation or Easement for Access and Use.--The conveyance
authorized under subsection (b)(1) shall be subject to a reservation
providing, or an easement granting, the Secretary, at no cost to the
United States, a right to access and use the Property that--
(1) is compatible with the Master Plan; and
(2) authorizes future operational access and use by other
Federal, State, and local government agencies that have
customarily used the Property.
(l) Liability.--In the event that the Property is conveyed to the
City of Juneau the following shall apply:
(1) After conveyance.--An individual or entity to which a
conveyance is made under this section shall hold the United
States harmless from any liability with respect to activities
carried out on or after the date and time of the conveyance of
the Property.
(2) Before conveyance.--The United States shall remain
responsible for any liability the United States incurred with
respect to activities carried out by the United States on the
Property before the date and time of the conveyance of the
Property.
(m) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with a conveyance
under this section as the Secretary considers appropriate and
reasonable to protect the interests of the United States.
(n) Environmental Compliance.--Nothing in this section shall be
construed to affect or limit the application of or obligation to comply
with any applicable environmental law, including--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); or
(2) section 120(h) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h)).
(o) Conveyance Not a Major Federal Action.--A conveyance under this
section shall not be considered a major Federal action for purposes of
section 102(2) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)).
TITLE CXVIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
SEC. 11801. TERMS AND VACANCIES.
(a) In General.--Section 46101(b) of title 46, United States Code,
is amended by--
(1) in paragraph (2)--
(A) by striking ``one year'' and inserting ``2
years''; and
(B) by striking ``2 terms'' and inserting ``3
terms''; and
(2) in paragraph (3)--
(A) by striking ``of the individual being
succeeded'' and inserting ``to which such individual is
appointed'';
(B) by striking ``2 terms'' and inserting ``3
terms''; and
(C) by striking ``the predecessor of that'' and
inserting ``such''.
(b) Applicability.--The amendments made by this section shall not
apply to Commissioners to whom section 403(b) of the Howard Coble Coast
Guard and Maritime Transportation Act of 2014 (Public Law 113-281)
applies.
SEC. 11802. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS.
Section 3507(k)(1) of title 46, United States Code, is amended--
(1) in subparagraph (A) by striking ``at least 250'' and
inserting ``250 or more''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) has overnight accommodations for 250 or more
passengers; and''.
SEC. 11803. TECHNICAL CORRECTIONS.
(a) Section 319(b) of title 14, United States Code, is amended by
striking ``section 331 of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 40101 note)'' and inserting ``section 44801 of title 49''.
(b) Section 1156(c) of title 14, United States Code, is amended by
striking ``section 331 of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 40101 note)'' and inserting ``section 44801 of title 49''.
SEC. 11804. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL TECHNICAL
AMENDMENTS.
(a) In General.--Section 70105 of title 46, United States Code, is
amended--
(1) in the section heading by striking ``security cards''
and inserting ``worker identification credentials'';
(2) by striking ``transportation security card'' each place
it appears and inserting ``transportation worker identification
credential'';
(3) by striking ``transportation security cards'' each
place it appears and inserting ``transportation worker
identification credentials'';
(4) by striking ``card'' each place it appears and
inserting ``credential'';
(5) in the heading for subsection (b) by striking ``Cards''
and inserting ``Credentials'';
(6) in subsection (g) by striking ``Assistant Secretary of
Homeland Security for'' and inserting ``Administrator of'';
(7) by striking subsection (i) and redesignating
subsections (j) and (k) as subsections (i) and (j),
respectively;
(8) by striking subsection (l) and redesignating
subsections (m) through (q) as subsections (k) through (o),
respectively;
(9) in subsection (j), as so redesignated--
(A) in the subsection heading by striking
``Security Card'' and inserting ``Worker Identification
Credential''; and
(B) in the heading for paragraph (2) by striking
``security cards'' and inserting ``worker
identification credential'';
(10) in subsection (k)(1), as so redesignated, by striking
``subsection (k)(3)'' and inserting ``subsection (j)(3)'';
(11) by striking paragraph (4) of subsection (k), as so
redesignated; and
(12) in subsection (o), as so redesignated--
(A) in the subsection heading by striking
``Security Card'' and inserting ``Worker Identification
Credential'';
(B) in paragraph (1)--
(i) by striking ``subsection (k)(3)'' and
inserting ``subsection (j)(3)''; and
(ii) by striking ``This plan shall'' and
inserting ``Such receipt and activation
shall''; and
(C) in paragraph (2) by striking ``on-site
activation capability'' and inserting ``on-site receipt
and activation of transportation worker identification
credentials''.
(b) Clerical Amendment.--The analysis for chapter 701 of title 46,
United States Code, is amended by striking the item related to section
70105 and inserting the following:
``70105. Transportation worker identification credentials.''.
(c) Limitation on Implementation.--The Secretary may not implement
the rule entitled ``Transportation Worker Identification Credential
(TWIC)-Reader Requirements'' (81 Fed. Reg. 57651) for covered
facilities before May 8, 2026.
(d) Covered Facilities Defined.--In this section, the term
``covered facilities'' means--
(1) facilities that handle Certain Dangerous Cargoes in
bulk and transfer such cargoes from or to a vessel;
(2) facilities that handle Certain Dangerous Cargoes in
bulk, but do not transfer it from or to a vessel; and
(3) facilities that receive vessels carrying Certain
Dangerous Cargoes in bulk but, during the vessel-to-facility
interface, do not transfer it from or to the vessel.
SEC. 11805. REINSTATEMENT.
(a) Reinstatement.--The text of section 12(a) of the Act of June
21, 1940 (33 U.S.C. 522(a)), popularly known as the ``Truman-Hobbs
Act'', is--
(1) reinstated as it appeared on the day before the date of
the enactment of section 8507(b) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 4754); and
(2) redesignated as the sole text of section 12 of the Act
of June 21, 1940 (33 U.S.C. 522).
(b) Effective Date.--The provision reinstated under subsection (a)
shall be treated as if such section 8507(b) had never taken effect.
(c) Conforming Amendment.--The provision reinstated under
subsection (a) is amended by striking ``, except to the extent provided
in this section''.
SEC. 11806. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation for this Act'', submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
SEC. 11807. TECHNICAL AMENDMENT.
(a) In General.--Section 6304 of title 46, United States Code, is
amended--
(1) by striking ``subpena'' and inserting ``subpoena'' each
place it appears; and
(2) in subsection (d) by striking ``subpenas'' and
inserting ``subpoenas''.
(b) Clerical Amendment.--The analysis for chapter 63 of title 46,
United States Code, is amended by striking the item relating to section
6304 and inserting the following:
``6304. Subpoena authority.''.
SEC. 11808. LIGHTHOUSE SERVICE AMENDMENTS.
(a) Repeals.--The following provisions are repealed:
(1) Sections 1, 2, and 3 of the Act of March 6, 1896 (33
U.S.C. 474).
(2) Section 4 of the Act of June 17, 1910 (33 U.S.C. 711;
721).
(3) The first sentence of section 2 of the Act of July 27,
1912 (33 U.S.C. 712).
(4) Section 10 of the Act of June 17, 1910 (33 U.S.C. 713).
(5) Section 6 of the Act of June 17, 1910 (33 U.S.C. 714).
(6) Section 5 of the Act of June 17, 1910 (33 U.S.C. 715).
(7) Section 4679 of the Revised Statutes.
(8) Section 4 of the Act of May 14, 1908 (33 U.S.C. 737).
(9) The first sentence of the sixteenth paragraph of the
section entitled ``Coast Guard'' under the heading ``Treasury
Department'' of the Act of June 5, 1920 (33 U.S.C. 738).
(10) Section 7 of the Act of June 20, 1918 (33 U.S.C. 744).
(11) Section 2 of the Act of May 13, 1938 (33 U.S.C. 748a).
(12) The Act of June 15, 1938 (33 U.S.C. 752b).
(13) The last proviso of the second paragraph of the
section entitled ``Lighthouse Service'' under the heading
``Department of Commerce'' of the Act of November 4, 1918 (33
U.S.C. 763).
(14) Section 7 of the Act of June 6, 1940 (33 U.S.C. 763a-
2).
(15) The last paragraph of the section entitled
``Lighthouse Service'' under the heading ``Department of
Commerce'' of the Act of March 4, 1921 (33 U.S.C. 764).
(16) Sections 1 and 2 of the Act of March 4, 1925 (33
U.S.C. 765; 766).
(17) Section 5 of the Act of August 19, 1950 (33 U.S.C.
775).
(18) Subchapter III of chapter 25 of title 14, United
States Code, and the items relating to such subchapter in the
analysis for chapter 25 of such title.
(b) Operation of Repeals.--The repeals under paragraphs (5) and (6)
of subsection (a) shall not affect the operation of section 103 of
title 14, United States Code.
(c) Transfer.--Chapter 313 of the Act of September 15, 1922 is
transferred to appear at the end of subchapter III of chapter 5 of
title 14, United States Code, redesignated as section 548 of such
title, and amended--
(1) by striking ``That hereafter the Commissioner of
Lighthouses'' and insert ``The Commandant of the Coast Guard'';
and
(2) by striking ``Lighthouse Service'' and inserting
``Coast Guard''.
Attest:
Clerk.
117th CONGRESS
2d Session
H.R. 7776
_______________________________________________________________________
AMENDMENT